Establishing Nondiscrimination Policies and Notice Procedures (Attachment A)

Establishing Effective Nondiscrimination Policies
and Notice Procedures
(Attachment A)

Various sections of the regulations implementing Title VI of the Civil Rights Act of 1964 (Title VI), Section 504 of the Rehabilitation Act of 1973 (Section 504), and the Age Discrimination Act of 1975, require providers that are "recipients" of Federal financial assistance to notify beneficiaries, potential beneficiaries, employees, and others of the availability of programs and services to all persons without regard to race, color, national origin, disability, or age. For notice to be effective, an appropriate policy statement of nondiscrimination must be adopted and disseminated. (See Part II.)

To meet these requirements, many providers elect to adopt a single policy of nondiscrimination on the basis of race, color, national origin, disability, or age in the provision of services and employment. Additional nondiscrimination factors, such as sex, religion or creed, method of payment, etc., are sometimes added to meet other Federal, State, or local requirements. (A model nondiscrimination policy statement.)

Once adopted, the notice must be distributed to the general public and such protected groups as sensory impaired persons and those with Limited English Proficiency. "Effective Notice" does not mean that every individual within a particular group must be notified or that all publications must be translated into languages represented in the service area population. Nor does it specifically require an outreach program. It usually means, however, that the provider must take extra steps to ensure that persons protected by the regulations have an equal opportunity to receive notice of -- and access to -- its programs.

Part I -- Steps in Developing an Effective Notice Procedure

An effective procedure can usually be developed by taking the following steps. The specific procedure will necessarily reflect the kinds of information normally distributed by the provider, community resources available, and input from those resources.

Identify the existing methods of distributing information on services, benefits, waivers of rights and consent to treatment to beneficiaries, potential beneficiaries, applicants and employees.
Familiarize yourself with your service area by identifying the major languages and disabled groups. This can be done by gathering statistical data from such sources as the U.S. Census, local and state planning bodies, chambers of commerce, educational institutions, and other providers.
Determine if the existing methods of giving notice adequately reach persons with limited proficiency in English and persons with impaired vision or hearing.
Consult with members of these groups or with organizations representing them for suggestions about ways to give notice to their constituencies, such as at regular meetings and conferences, through newsletters or other publications, and by posting in the facility and locations frequented by the particular group.
For persons whose primary or exclusive language is other than English, translated versions of the notices and bilingual interpreters should be available. For persons who are sensory or speech impaired, braille versions, voice tapes, interpreters, or readers should be available depending upon the circumstances. The persons and groups receiving the notice are usually the best guides for determining the most effective methods.
Describe how the notices will be disseminated to Limited English Proficient speaking persons and to persons with sensory or speech impairments. This usually means adopting an instruction or standard operating procedure.
Notify and train appropriate staff about the notice procedure.

Part II -- Notice Requirements and Regulation Citations

Title VI

notify participants, beneficiaries, and other interested persons of the provisions of the Title VI Regulation and how they apply to the recipient's program - 45 C.F.R. § 80.6(d);
notify all persons concerning their right to file a complaint of discrimination and the procedure for filing such a complaint - 45 C.F.R. § 80.6(d).

Section 504

adopt and implement procedures to ensure that interested persons, including those with impaired vision or hearing, can obtain information about the recipient's facilities which are accessible to and usable by disabled persons - 45 C.F.R. § 84.22(f);
notify disabled persons, including those with sensory or speech impairments, of any general notices of the recipient's services or benefits and of written materials concerning waivers of rights or consent to treatment (e.g. information releases, financial agreements, insurance assignments, informed consent for treatment) - 45 C.F.R. § 84.52(b);
notify participants, beneficiaries, applicants, employees, and affiliated unions or professional organizations that the recipient does not discriminate on the basis of disability in violation of Section 504 in the areas of access, admission, treatment, or employment - 45 C.F.R. § 84.8(a);
- include in the notice the name or title of the employee designated by the recipient to be responsible for coordinating its efforts to comply with Section 504;
- ensuforegoing;re that persons with impaired vision or hearing receive effective notice of the foregoing;
include the nondiscrimination notice in publications of general information about the recipient's programs by adding appropriate inserts in existing materials and publications or by revising and reprinting the materials and publications - 45 C.F.R. § 84.8(b).

Age Discrimination Act

notify program beneficiaries of the protection against discrimination on the basis of age provided by the Act and its regulations - 45 C.F.R. § 91.32(b).

Model Nondiscrimination Policy Statement

Below are examples of a nondiscrimination policy and a nondiscrimination statement which, if properly completed, are suitable for posting and other dissemination.

The following is an example of a nondiscrimination policy suitable for posting and other dissemination.

Nondiscrimination Policy

As a recipient of Federal financial assistance, the (name of provider) does not exclude, deny benefits to, or otherwise discriminate against any person on the ground of race, color, or national origin, or on the basis of disability or age in admission to, participation in, or receipt of the services and benefits of any of its programs and activities or in employment therein, whether carried out by (name of provider) directly or through a contractor or any other entity with whom the (name of provider) arranges to carry out its programs and activities.

This statement is in accordance with the provisions of Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and Regulations of the U.S. Department of Health and Human Services issued pursuant to the Acts, Title 45 Code of Federal Regulations Part 80, 84, and 91. (Other Federal Laws and Regulations provide similar protection against discrimination on grounds of sex and creed.)

In case of questions concerning this policy, or in the event of a desire to file a complaint alleging violations of the above, please contact:

The following is a notice of nondiscrimination which was found to be acceptable as a shortened version of a provider's adopted policy of nondiscrimination. Owing to its brevity, such a statement is more convenient to include in publications, announcements, advertisements, etc., than the complete policy.

Notice of Nondiscrimination

(Name of Provider) does not discriminate against any person on the basis of race, color, national origin, disability, or age in admission, treatment, or participation in its programs, services and activities, or in employment. For further information about this policy, contact: (Name, phone number, TDD).

OCR Mail
Date revised: July 23, 2000