Oklahoma Administrative Code
Title 340 - Department of Human Services
Chapter 1 - Function and Structure of the Oklahoma Department of Human Services
Subchapter 11 - Civil Rights and Nondiscrimination
Part 1 - ADMINISTRATION METHODS
Section 340:1-11-12 - Complaint policy and procedures, retaliation, and confidentiality

(a) Any person or group who believes they were subjected to discrimination in an Oklahoma Human Services (OKDHS) program subject to Oklahoma Administrative Code (OAC) 340:1-11-1 may make a complaint of discrimination in person, by representation, by phone, or by written communication. The complainant has a right to file a complaint of the alleged discriminatory action(s) with OKDHS, the Food and Nutrition Service (FNS), or with the Department of Health and Human Services-Office for Civil Rights (DHHS-OCR).

(b) For Supplemental Nutrition Assistance Program or service-delivery complaints, refer to OAC 340:1-11-20.

(c) Employees or applicants for employment have the right to file a complaint of alleged discriminatory employment action(s) with any or all of the entities listed in (1) through (3) of this subsection. The complainant may file with:

(d) Any person who expresses an interest in filing a complaint or files a complaint is protected from retaliation.

(e) OKDHS conducts a prompt and thorough complaint investigation. The Office for Civil Rights (OCR) administrator determines if discrimination occurred. When discrimination occurred, OKDHS takes all necessary action to correct the discriminatory practice(s). The complainant is timely advised of OKDHS findings regarding his or her complaint and is advised of the right to appeal to DHHS-OCR, or FNS, when not satisfied with the OKDHS decision. Records are maintained that include the nature of the complaint, the investigation details, and the OKDHS actions taken.

(f) When the complaint is initially filed with DHHS-OCR, that office may investigate the complaint utilizing its own resources.

(g) The complainant's identity is kept confidential, except to the extent necessary to conduct the investigation, hearing, or judicial proceeding. Violations of confidentiality are subject to corrective discipline.

(h) Any applicant or recipient who expresses an interest in filing a complaint or files a complaint may do so without fear of reprisal, intimidation, coercion, or threats. No person is adversely affected because they made a charge, testified, assisted, or participated in any manner in an investigation, review, proceeding, or hearing per this Section.

(i) Information concerning any complaint is only given to persons who have a need to know as determined by the Oklahoma Human Services OKDHS Director or the OCR administrator. Violations of confidentiality are subject to discipline per OKDHS: 2-1-7 Discipline.