GETTING UNCLE SAM TO ENFORCE YOUR CIVIL RIGHTS
WHEN AND WHERE TO FILE A COMPLAINT FEDERALLY ASSISTED PROGRAMS
Discrimination on the basis of race, color, national origin, age, or disability in federally assisted programs is prohibited. This prohibition applies to recipients of federal assistance and subrecipients. Discrimination on the basis of sex or religion is also prohibited in some federally assisted programs. Discrimination on the basis of sex is prohibited in all federally assisted education programs.
In addition, recipients of federal funds are required to provide linguistic accessibility to individuals with limited English proficiency (LEP), such as translation services and written notice informing them of their rights.
Laws barring discrimination because of race, color, national origin, or disability in federally assisted programs cover benefits and services provided by the program. As a result, recipients of federal assistance may not discriminate to:
deny an individual service, aid, or benefits;
provide only inferior or discriminatory service, aid, or benefits;
subject an individual to segregation or different treatment in relation to aid, service, or benefits;
restrict or discourage individuals in their access to and usage of facilities;
treat an individual differently in regard to eligibility for programs or services;
use criteria that would impair accomplishment of the program s objectives or that would subject individuals to discrimination; or
discriminate against an individual in any program or activity that is conducted in a facility constructed wholly or partly with federal funds.
Laws barring discrimination in federally assisted programs usually do not cover employment by the program, unless: (1) a main purpose of the operation is to provide employment; (2) discrimination in employment could cause discrimination in benefits or services; or (3) an allegation of disability discrimination is made.
In the event that employment is covered, you should file such a complaint with the federal agency funding the program. Also, job discrimination is covered by other laws, and complaints should also be filed as described in the employment section of this publication.
Laws barring discrimination in federally assisted programs are normally enforced by the agency that provides the assistance. If a recipient of federal funds is found to be discriminating and refuses to come into compliance with the law, the federal agency may terminate the funding to that recipient or refer the case to the Department of Justice for possible litigation.
Complaints alleging discrimination in federally assisted programs should generally be filed with the appropriate federal agency within 180 days of the alleged discriminatory act. However, some agencies allow more time to file a complaint, while others allow as few as 90 days. You should check with the appropriate agency as quickly as possible if you believe you have been discriminated against. If you do not know which federal agency funds the program, but you believe it probably receives federal assistance, you may file with the Coordination and Review Section of the Department of Justice. That office will refer your complaint to the appropriate federal agency.
Information on where to file complaints about federally assisted education, employment, housing, and law enforcement programs is contained in other sections of chapter 3. Programs in agriculture, health and welfare, recreation, transportation, environmental control, and other fields are covered in this section.
Department of Agriculture
The Department of Agriculture handles complaints alleging discrimination in agricultural and rural programs. Some complaints that should be filed with the Department of Agriculture are:
discrimination in Extension Programs, such as in 4-H club participation;
discrimination in the Food Stamp Program, such as discrimination in distribution of food stamp benefits;
discrimination in the Rural Rental Housing Program, such as biased eviction from a rural rental housing (apartment-style) complex because of lease violations; and
discrimination in Rural Utility Programs, such as in providing telephone, electric, or waste water facilities.
All of these programs are covered by laws or regulations prohibiting discrimination based on race, national origin, color, age, or disability. Housing programs are also covered by laws or regulations that prohibit discrimination based on marital/family status and religion.
If you believe you have been discriminated against by one of the above programs or by any other program that receives assistance from the Department of Agriculture, send your complaint to:
U.S. Department of
Agriculture
Office of Civil Rights Enforcement
Reporter's Building, Suite 400
Mail Stop 9430
Washington, DC 20250-9401
(202) 720-5964
Fax: (202) 690-5686
www.usda.gov/cr
Department of Energy
To conserve needed energy and aid those persons least able to afford higher utility costs, the Department of Energy s weatherization assistance program makes funds available to states, local governments, community action agencies, and, in certain instances, Native American tribal organizations to insulate the dwellings of low-income persons, especially the elderly and disabled. All low-income households are eligible to receive this assistance, which includes the making of furnace efficiency modifications and the installation of weatherization materials such as ceiling insulation, caulking, weather stripping, and storm windows.
If you think you have been discriminated against by a state or local government or by a community action agency in trying to get assistance under the weatherization program, write to:
U.S. Department of
Energy
Office of Civil Rights
1000 Independence Avenue, SW, Room 5B168
Washington, DC 20585
(202) 586-2218
(800) 424-9246
Fax: (202) 586-0888
www.doe.gov
Environmental Protection Agency
The Environmental Protection Agency provides financial assistance to state and local governments, tribal governments, and local education programs (this means any educational program or activity, not only those conducted by a formal educational institution) that deal, among others, with:
pollution control and prevention;
the development of municipal wastewater treatment facilities;
the removal of asbestos from schools; or
hazardous waste site identification, health risk assessment, and cleanup.
Allegations that residents of predominantly minority and low-income communities bear a disproportionate share of environmentally related health risks are investigated by the agency's external compliance program, which is managed in collaboration with the agency's Office of Environmental Justice.
If you think that you have been discriminated against in programs funded by the EPA write to:
U.S. Environmental
Protection Agency
Office of Civil Rights
1200 Pennsylvania Avenue, NW, Room 2540
Washington, DC 20460
(202) 564-7272
(800) 424-9346
TTY: (202) 260-4565
Fax: (202) 501-1836
www.epa.gov
Department of Health and Human Services
Many institutions and people receive funding from the Department of Health and Human Services (HHS). Among them are:
hospitals;
nursing homes and extended care facilities;
family health centers and clinics;
alcohol and drug treatment centers;
community mental health centers;
physicians and other health professionals in private practice with patients assisted by Medicaid;
state agencies responsible for administering health care;
state and local public assistance agencies;
day care centers;
adoption agencies;
foster care homes;
senior citizen centers; and
nutrition programs.
If you think you have been discriminated against by an entity that receives funds from HHS, send the complaint to a Regional Manager of the Office for Civil Rights or to:
U.S. Department of
Health and Human Services
Director, Office for Civil Rights
200 Independence Avenue, SW, Room 509F
Washington, DC 20201
(202) 619-0403
Voice hot line: (202) 863-0100
TTY: (202) 863-0101
Voice toll-free: (800) 368-1019
TTY toll-free: (800) 537-7697
Fax: (202) 619-3818
www.hhs.gov/ocr
Department of the Interior
The Department of the Interior provides funding for natural resource, recreation, and wildlife programs.
Through the National Park Service, the Department of the Interior provides funds to:
states for park acquisition and outdoor public recreation projects;
states to expand the National Register of Historic Places and for the identification, evaluation, and protection of historic properties;
the National Trust for Historic Preservation for its activities; and
eligible cities and counties for the rehabilitation of recreation areas and facilities, demonstration of innovative approaches to park management and recreation opportunities, and for recreation planning.
If you think that you have, or your community has been discriminated against in the receipt of any of these National Park Service funds, contact:
U.S. Department of
the Interior
National Park Service
Office of Equal Opportunity
1201 I Street, NW
Washington, DC 20005
(202) 354-1852
Fax: (202) 321-1449
www.doi.gov
The Fish and Wildlife Service provides federal financial assistance for:
projects aimed at restoring and managing the sport fish population or improving sport fishing; and
state fish and wildlife agencies to restore or manage wildlife populations and for hunter-safety programs.
If you think you have, or your community has been discriminated against in Fish and Wildlife Service programs, write to:
U.S. Department of the Interior
Fish and Wildlife Programs
Federally Assisted and Conducted Programs
Webb Building
4040 North Fairfax Drive, Room 300
Arlington, VA 22203
(703) 358-1724
TTY: (703) 358-2549
Fax: (703) 358-2030
Complaints regarding all other programs funded by the Department of the Interior should be sent to:
U.S. Department of the Interior
Office of Equal Opportunity
Federal Financial Assistance Programs
Interior Building
1849 C Street, NW, Room MS5214
Washington, DC 20240
(202) 208-5694
TTY: (202) 208-5998
Fax: (202) 208-6112
Department of Transportation
Programs funded by the Department of Transportation (DOT) are prohibited from discriminating on the bases of race, color, national origin, sex, disability, age, and low-income status. If you believe that an entity which receives funds from DOT, or an entity involved in transportation under the Americans with Disabilities Act, is discriminating in providing or denying a service, write to:
U.S. Department of
Transportation
Departmental Office of Civil Rights, S-33
400 Seventh Street, SW, Room 10215
Washington, DC 20590
(202) 366-4648
TTY: (202) 366-5273
Fax: (202) 366-9371
www.dot.gov/ost/docr
You may also write to the appropriate operating administration's Office of Civil Rights listed below.
For highways, curb cuts, parking for people with disabilities, write to:
Federal Highway Administration
Office of Civil Rights, HCR-1
400 Seventh Street, SW, Room 4132
Washington, DC 20590
(202) 366-0693
TTY: (202) 366-5751
Fax: (202) 366-1599
www.dot.gov
For railroads and AMTRAK, write to:
Federal Railroad Administration
Office of Civil Rights, ROA-10
400 Seventh Street, SW, Mail Stop 5
Washington, DC 20590
(202) 493-6009
TTY: (202) 493-6488
Fax: (202) 493-6009
For public surface transportation such as buses, paratransit vehicles, and subways, write to:
Federal Transit Administration
Office of Civil Rights
400 Seventh Street, SW, Suite 9100
Washington, DC 20590
(202) 366-4018
www.fta.dot.gov/index.html
For airline disputes, write to:
Aviation Consumer Protection
Division
Office of Aviation Enforcement Proceedings, I-25
400 Seventh Street, SW, Room 4107
Washington, DC 20590
(202) 366-5957
www.dot.gov/airconsumer
For businesses serving the public on airport property, write to:
Federal Aviation Administration
Assistant Administrator for Civil Rights, ACR-1
800 Independence Avenue, SW, Room 1030
Washington, DC 20591
(202) 267-3254
Fax: (202) 267-5565
www.dot.gov
For driver's licensing and motor vehicle bureaus, write to:
National Highway Traffic
Safety Administration
Office of Civil Rights, NOA-20
400 Seventh Street, SW, Room 6128
Washington, DC 20590
(202) 366-6795
TTY: (800) 877-0996
Fax: (202) 366-3475
www.dot.gov
For ports, ships, and their certification and licensing, write to:
U.S. Coast Guard
Office of Civil Rights, G-H
2100 Second Street, SW, Room 2400
Washington, DC 20593
(202) 267-1562
Fax: (202) 267-4282
www.uscg.mil
If you think you have been discriminated against by a program operated under a community development grant, write to the appropriate area office of the Department of Housing and Urban Development listed in your telephone book. You may also contact HUD's Office of Fair Housing and Equal Opportunity.
If you think you have been discriminated against by the National Guard, the Civilian Health and Medical Programs of the Uniformed Services (CHAMPUS), or by another defense program, such as a program of the U.S. Army Corps of Engineers or of the Defense Civil Preparedness Agency, write to:
U.S. Department of
Defense
Deputy Assistant Secretary of Defense, Equal Opportunity
4000 Defense, The Pentagon, Room 3A272
Washington, DC 20301-4000
(703) 693-0105
Fax: (703) 697-7534
www.dtic.mil
If you think you have been discriminated against by any program funded or assisted by the Department of Commerce, write to:
U.S. Department of
Commerce
Office of Civil Rights
Herbert C. Hoover Building
14th Street and Constitution Avenue, NW, Room 6012
Washington, DC 20230
(202) 482-5691
TTY: (202) 482-5691
TTY: (800) 877-8339
Fax: (202) 482-5375
www.osec.doc.gov/ocr
If you think you have been discriminated against by a company that receives or dispenses Small Business Administration funds, write to:
U.S. Small Business
Administration
Equal Employment Opportunity and Civil Rights Compliance
409 Third Street, SW, Suite 4600
Washington, DC 20416
(202) 205-6750
(800) 827-5722
TTY: (202) 205-7150
Fax: (202) 205-7580
www.sba.gov
Direct discrimination by a federal agency in awarding grants to community organizations, governments, or others is not necessarily barred by federal statutes. However, it is prohibited by the U.S. Constitution. Complaints should be filed with the agency responsible for the discriminatory act; if that agency does not act, you may have to file a lawsuit to protect your rights.
The Coordination and Review Section of the Civil Rights Division of the Department of Justice serves as the coordinator of enforcement by federal agencies of all statutes that prohibit discrimination in programs that receive federal financial assistance. If you think you have been discriminated against by an agency that receives federal assistance and you don't know which agency to contact, write to the Coordination and Review Section at the address below:
U.S. Department of
Justice
Civil Rights Division
Coordination and Review Section
950 Pennsylvania Avenue, NW
Washington, DC 20530
(202) 307-2222
TTY: (202) 307-2678
Fax: (202) 307-0595
www.usdoj.gov/crt/cor/index.htm