Summer 2000 OCR UPdate - 15
Haven Behavioral Health System, DeSoto, Texas (Region VI)
In this case, the complainant alleged that the recipient discriminated against him and other African American tenants of the Transitional Living House, on the basis of their race, by treating African American residents differently relative to drug testing and curfew standards. OCR successfully resolved the case by using the Alternative Dispute Resolution process, which concluded in an agreement between the complainant and the recipient. In accordance with the agreement, the recipient extended the time allotted to the complainant before termination of his residency and refunded the complainant's last rental payment; the complainant withdrew his complaint against the recipient.
Although the complainant withdrew his individual complaint, OCR determined that the issues of the complaint had class implications. To address and resolve the issues as they pertained to the class of African American residents, the Director of the Transitional Living House voluntarily agreed to take the following actions: 1) adopt, disseminate and discuss OCR's standard model Nondiscrimination Policy with all parties concerned; 2) revise and reissue the facility's "Client Guidelines for the Transitional Living Center;" and 3) provide a copy of the facility's new Nondiscrimination Policy to residents.
This case resulted in voluntary action to resolve not only the complainant's individual complaint, but also corrected the general policies and procedures which were potentially having an adverse impact on the class of African American clients. Further, the owners, management and tenants of the Transitional Living House were educated on the requirements of Title VI and sensitized to the principles of nondiscrimination.
Wyandotte County, Kansas Department of Health (Region VII) OCR conducted a compliance review of the Wyandotte County Department of Health (WCDOH) after becoming aware of a newspaper article that suggested the recipient was not providing adequate services to limited English proficient (LEP) persons. The County has a significant Hispanic population.
OCR's investigation revealed that WCDOH had issued a memorandum to its staff stating that, wherever possible, LEP patients should use family members to provide interpretation services for themselves. OCR worked with the recipient to ensure that WCDOH provided interpreters and discontinued the practice of requiring family members to provide this service. In addition, the OCR Kansas City, Missouri Regional Manager provided Title VI and limited English proficiency training to the recipient's entire staff. OCR monitored the Department and found a complete change of practice.
Jefferson County, Colorado Department Of Social Services (Region VIII)
OCR initiated an investigation of the Jefferson County Department of Social Services (JCDSS) based on the complainant's allegations of disability discrimination against his son and sex discrimination against himself. Specifically, the complainant alleged that he and his son were treated unfairly in the processing of a dependency and neglect case filed against him by the JCDSS. OCR had jurisdiction over the complaint under Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act (ADA) of 1990, and the Omnibus Budget Reconciliation Act of 1981.
Child protective orders were issued against the complainant because his son had rug burns on his body. The recipient had been involved previously with the family because of reports from the complainant's mother-in-law. The complainant contended that his son received the rug burns when he restrained him after his son became violent. His son, who is severely developmentally disabled, exhibits violent tendencies and self-inflicted behaviors, such as bruising. The son was removed from the parents' home and placed in JCDSS' legal custody. Subsequently, the court ordered that legal and physical custody be returned to the parents with protective supervision remaining with JCDSS. The court eventually found that there were no longer protective concerns, and terminated JCDSS' protective supervision.
OCR Denver Regional Office staff worked toward resolution of the complaint with both parties and their representatives while continuing the investigation. However, the complainant's attorney filed a court suit which raised similar allegations to those lodged in the complaint; and the complainant decided to withdraw his individual allegation of discrimination filed with OCR.
Nevertheless, OCR continued investigating the recipient because we uncovered systemic areas of concern. To ensure compliance with civil rights laws, JCDSS agreed to take specific corrective actions to resolve the issues cited by OCR. These required the recipient to: develop grievance procedures; designate a Section 504/ADA Coordinator; post nondiscrimination notices; develop a list of resources for clients; and notify clients of their rights under the ADA.
Shortly thereafter, the recipient and the complainant agreed to resolve the matter through a mock trial. As a result, the complainant was awarded $120,000.
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