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Memo From Deputy Administrator and Chief Operating Officer

Date: February 1, 2002
From: Ruben J. King-Shaw, Jr. /s/
Deputy Administrator and Chief Operating Officer
To: All CMS Managers
Subject: EEO and Civil Rights Training

The Centers for Medicare & Medicaid Services (CMS) is strongly committed to a work environment free from Equal Employment Opportunity (EEO) discrimination and harassment. Also, CMS is committed to assuring that there is equal opportunity in the delivery of health care services through CMS programs. As part of our commitment to prevent and eliminate any illegal discriminatory behavior, CMS employees and managers are required to attend the EEO and Civil Rights training listed below and are expected to become familiar with their rights and responsibilities under the law.

As stated in 29 C.F.R. Part 1614, Section 102, each agency shall maintain a continuing affirmative program to promote equal opportunity. In support of this program, the agency shall inform its employees and provide orientation, training, and advice to managers to assure their understanding and implementation of the equal employment opportunity policy and program. In addition to attending these training courses, CMS managers have a responsibility to ensure that employees under their supervision attend the designated classes, as well.

In February 2002, the Office of Equal Opportunity and Civil Rights (OEOCR) will provide each Center, Office and Region a list of the EEO and Civil Rights training sessions scheduled for FY 2002. As well, OEOCR will provide each Center, Office and Region a list of their current employees (and their immediate supervisors) who have not yet completed the required courses. These employees are expected to complete the requisite course(s) during FY 2002. At the end of each fiscal year, OEOCR will provide me and CMS Senior Leadership with a list of the CMS managers who did not attend and/or did not ensure staff attendance, at the required training courses. As appropriate, this will be documented in the 7B extension file of those managers listed therein.

Title VII Training - EEO in the Work Place

(Required for all CMS employees and managers)

OEOCR is required to promote equal opportunity and identify and eliminate discriminatory practices and policies. In this regard, OEOCR must assure that all employees understand EEO laws, policies, and programs. Under the law, CMS must provide a respectful workplace that is free of EEO discrimination, harassment, and offensive and inappropriate activities. This training course informs CMS employees and managers of their statutory EEO rights and responsibilities under several laws, including Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, and the Rehabilitation Act. This course helps CMS employees and managers identify and prevent actions that disparage, denigrate, or demonstrate hostility based on race, color, gender, national origin, religion, age, disability, and reprisal.

This training is required for all CMS employees and managers.

(Required for all CMS Managers, Medical Professionals, Social Science Research Analysts and Health Insurance Specialists)

As stewards of Federal funds, we are statutorily responsible for assuring that CMS program beneficiaries have equal access to quality health care. The aged, disabled, and poor are vulnerable in the health care arena. Consistent with our commitment to ensure fair and equitable treatment of our beneficiaries, all CMS managers, Medical Professionals, Social Science Research Analysts, and Health Insurance Specialists, in both central and regional offices, are required to attend training on the provisions of Title VI of the Civil Rights Act of 1964. Title VI provides that "no person in the United States shall on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance" such as Medicare and Medicaid. The training also includes discussions on Title IX of the Education Amendments of 1972 (which prohibits discrimination on the basis of sex in federally assisted education programs), and Section 504 of the Rehabilitation Act of 1973 (which prohibits discrimination on the basis of disability).

As specified, this training is required for all CMS managers and select CMS employees.

(Required for all CMS employees and managers)

Sexual harassment is a form of discrimination prohibited by Title VII of the Civil Rights Act of 1964. CMS has a zero tolerance policy for unwanted and unwelcome sexual advances, requests for sexual favors, and other verbal and physical conduct of a sexual nature.

This training is required for all CMS employees and managers to make them aware of their rights and responsibilities under the law and CMS's policy.

Pursuant to Federal regulations codified at 29 C.F.R. Part 1614, Sections 102 and 105, CMS is required to establish or make available to its employees an alternative dispute resolution program (ADR) for EEO complaints. Also, CMS is charged with educating employees on its use. Accordingly, this course is designed to educate all CMS managers on alternative dispute resolution in general, and CMS's ADR Program for EEO Complaints in specific. By better understanding ADR and CMS's ADR Program for EEO complaints, trained managers will be in a better position to actively/properly participate in this program.

This training/orientation is an integral component of CMS's ADR Program for EEO Complaints and consistent with EEOC's policies contained in its Management Directive 110, is required for all managers so they are aware of the law and CMS's policy/program.

(Required for all CMS Managers)

The Rehabilitation Act of 1973 [amended to apply the standards of the Americans with Disabilities Act (ADA)] prohibits discrimination on the basis of mental and physical disabilities to qualified individuals and requires that agencies make reasonable accommodations to the known physical or mental limitations of a qualified disabled applicant or employee unless the Agency can demonstrate that the accommodations would impose an undue hardship on the operation of its programs.

This training course is an integral component of CMS's Plan to Implement Special Initiatives for Persons with Disabilities and is required for all CMS managers to make them aware of their duties and responsibilities under the Rehabilitation Act and the ADA.

Administrator Scully and I will do everything we can to ensure that the CMS workplace is free from discrimination and harassment. Full participation in the training sessions described above is critical to achieving that goal. Thank you for your time and attention regarding this important matter.