SECTION 395.11. HHS Agency Responsibilities

(a) Discrimination and retaliation prohibited. The HHS agencies prohibit:

(1) discrimination in the administration and operation of an HHS program or service, directly or through contractual or other arrangements, on the basis of race, color, national origin, sex, age, disability, religion, or, for the Supplemental Nutrition Assistance Program (SNAP) only, political belief; and

(2) retaliation against an individual because the individual opposed discriminatory practices.

(b) Accessibility.

(1) HHS agency programs, services, and facilities must:

(A) be accessible to all people regardless of race, color, national origin, sex, age, disability, religion, or, for SNAP only, political belief;

(B) provide equal opportunities for community and faith based organizations to participate as program and service providers; and

(C) incorporate written guidelines provided by the HHSC Civil Rights Office (CRO) regarding contractors' responsibilities under civil rights laws, regulations, and HHS civil rights policies and procedures into the HHS agency's services delivery contracts.

(2) HHS agencies must take reasonable steps to give applicants and participants with limited English proficiency (LEP) access to HHS agency programs and services.

(3) HHS agencies must take reasonable steps to give persons with disabilities access to HHS agency programs and services, including electronic and information resources.

(c) Affirmative action. In compliance with federal law, an HHS agency may take affirmative action when administering a program to overcome the effects of prior discrimination on the basis of race, color, or national origin, or conditions that result in limiting participation because of the individual's protected class.

(d) Public information.

(1) HHS agencies must inform the public, applicants, participants in HHS agency programs (including any other agency, institution, or organization participating in a program through contractual or other arrangements), and other interested persons of the following:

(A) their rights under HHS civil rights policies, including the right to file a civil rights complaint of discrimination;

(B) the addresses of the HHSC CRO where complaints may be filed; and

(C) contact information for appropriate external civil rights enforcement agencies.

(2) HHS agencies provide the information required in paragraph (1) of this subsection through agency websites, written materials, prominently displayed posters, and other methods of communication; and upon request.

(3) HHS agencies must take reasonable steps to make civil rights policies available in appropriate languages to applicants who have limited English proficiency (LEP). HHS agencies must provide similar information through alternative means to applicants and participants with disabilities.

(e) Staff training.

(1) HHS agencies must inform agency employees about the protections against discrimination provided by state and federal civil rights laws, regulations, and HHS civil rights policies and procedures. HHS agencies must make the information available by:

(A) publishing HHS civil rights policies in agency circulars and memoranda and on agency intranets;

(B) publishing the non-discrimination policy in agency newsletters, annual reports, and other media; and

(C) including non-discrimination policy materials in employee orientation, in-service training, management training, and supervisor training programs.

(2) HHS agencies must provide periodic civil rights training to employees of HHS agencies. HHS agencies must take reasonable steps to give employees with disabilities meaningful access to the training.

(3) HHS civil rights training includes curriculum prescribed by applicable civil rights statutes and regulations, methods of administration, instructions, and guidance. Training curriculum should include:

(A) requirements of the Civil Rights Act of 1964, as amended; the Americans with Disabilities Act of 1990, as amended; Section 504 of the Rehabilitation Act of 1973; the Food and Nutrition Act of 2008; Title IX of the Education Amendments of 1972; and other applicable state and federal civil rights laws and regulations;

(B) procedures for filing and investigating complaints of discrimination;

(C) requirements for language assistance;

(D) collection and use of data; and

(E) civil rights compliance review of policies and procedures.

Source Note: The provisions of this §395.11 adopted to be effective May 9, 2011, 36 TexReg 2827