WHAT DO YOU ALREADY KNOW ABOUT CIVIL RIGHTS LAW by 46GDQVw

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									         WHAT DO YOU ALREADY KNOW ABOUT CIVIL RIGHTS LAW

Pre-Test Questions             FACT MYTH Post Test Answers          FACT   MYTH

   1.   Anyone can file a                   Anyone can file a       FACT
        Title VI                            Title VI Civil Rights
        discrimination                      Complaint against a
        complaint against a                 federally funded
        federally funded                    agency. However,
        agency.                             if the individual is
                                            not protected on the
                                            basis of race, color
                                            or national origin,
                                            the complaint may
                                            not be a legitimate
                                            civil rights
                                            complaint. There is
                                            a difference
                                            between program
                                            eligibility and
                                            discrimination.
   2.   Under the Public                    The Age                 FACT
        Health Service Act,                 Discrimination Act
        a participating                     of 1975 prohibits
        Medicaid dentist is                 discrimination on
        allowed to accept                   the basis of age in
        only adults as new                  programs or
        patients.                           activities receiving
                                            federal financial
                                            assistance. The Act
                                            however also
                                            contains certain
                                            exceptions that
                                            permit, under
                                            limited
                                            circumstances, use
                                            of age distinctions
                                            or factors other
                                            than age that may
                                            have a
                                            disproportionate
                                            effect on the basis
                                            of age. The Act
                                            applies to persons
                                            of all ages.
   3.   It is advisable to                  In some cultures,       FACT
        include the family                  the family is very
        members of an LEP                   important, and they
        consumer during an                  may bring some
        initial interview to                insight into the
        have a complete         family dynamics
        picture of the kinds    that may impact on
        of services needed.     the consumer.
                                However, this does
                                not take the place
                                of a language
                                interpreter
   4.   Racial                  Customers have          FACT
        discrimination          the right to file a
        complaints may be       discrimination
        filed directly at the   complaint at the
        federal level, by-      federal level if they
        passing the state       choose to by-pass
        level.                  the local and state
                                level.
   5.   All W2 case             Mental illness may      FACT
        workers must be         influence how
        trained on how to       paperwork is
        respond to and          completed, or how
        accommodate             complicated
        consumers with          instructions are
        mental illness.         communicated.
                                Failure to recognize
                                the limitations of
                                mental illness may
                                result in denial of
                                services for which
                                the consumer is
                                otherwise eligible.

   6.   A provider servicing    The lingua franca in               MYTH
        a Telegu speaker        India is English.
        from India may get      One should not
        an oral interpreter     assume that
        who speaks Hindi        languages or
        fluently because        dialects from the
        Hindi is the lingua     same country are
        franca of India.        intelligible to all
                                speakers from that
                                country. If the
                                consumer can only
                                speak Telegu, a
                                Hindi interpreter is
                                not appropriate.
                                One may need to
                                find a language line
                                that provides
                                Telegu
                                interpretation, or
                                ask the family for
                                assistance in


November 16, 2005                                 Milwaukee County Training
                              finding one who is
                              not a family
                              member.
   7.   An agency does not    However, an              FACT
        legally have to       agency is still
        provide an oral       legally obligated to
        language              provide full and
        interpreter for an    complete access to
        English speaking      all programs,
        consumer who has      services, and
        substantial           activities in a
        limitations in        meaningful and
        communicating.        accessible manner
                              and this may be
                              done through
                              different methods.
   8.   A quadriplegic        A Job Center is          FACT
        customer arrives at   legally obligated to
        a Job Center and      accommodate a
        wants to use the      person with
        center’s computers    disabilities for equal
        to seek               access to services.
        employment. Job       There are many
        Service must          different ways of
        accommodate this      accommodating a
        customer.             quadriplegic,
                              including having a
                              staff member assist
                              her in using the
                              computers one-on-
                              one.

   9.   Undocumented          The Supreme Court                   MYTH
        parents of a          has held that
        dependent U.S.        undocumented
        citizen customer do   aliens are
        not have any rights   considered
        or protection under   “persons” under the
        Title VI.             equal protection
                              and due process
                              clauses of the Fifth
                              and Fourteenth
                              Amendment. Title
                              VI of the Civil
                              Rights of 1964
                              specifically states,
                              “No person” shall
                              be discriminated
                              against on the basis
                              of race, color, or
                              national origin.


November 16, 2005                                Milwaukee County Training
   10. A Latina customer       The consumer may                   MYTH
       seeking child care      have a valid
       and Food Share          program complaint.
       benefits is told by     Nothing in the
       the caseworker,         description of this
       “You people don’t       consumer’s
       want to work and        complaint can
       you’re only             reasonably lead
       interested in getting   one to believe that
       drunk and wasting       the reason the child
       public resources.”      care payments
       The comment was         have been tardy is
       verified. This is an    related to
       example of              discriminatory
       intentional             intent. There
       discrimination.         certainly is not
                               enough information
                               to conclude that
                               any disparate
                               pattern is involved.
   11. A Native American       The County has no                  MYTH
       customer living in      jurisdiction to
       the reservation         conduct a Title VI
       receives services       discrimination
       from a County. He       complaint
       filed a Title VI        investigation of the
       discrimination          Tribal Department
       complaint at the        of Human Services.
       County Human            The County
       Services against        Complaint
       the local tribal        Coordinator must
       Human Service           refer the complaint
       Department for          to the local Tribal
       refusing to serve       Government for
       him. The County         resolution. In 1896,
       must conduct the        the U.S. Supreme
       investigation to        Court held that the
       make a                  U.S. Constitution
       determination.          places no limits on
                               tribal self-
                               government.
                               Neither the
                               Constitution nor any
                               federal law requires
                               tribes to obey the
                               Constitution. This
                               Supreme Court
                               decision had the
                               effect of leaving
                               intra-tribal disputes
                               entirely in the


November 16, 2005                                Milwaukee County Training
                                hands of the tribe
   12. A local hospital         Although it is a                    MYTH
       controlled by a          Medicaid/Medicare
       religious order is       provider, it is
       exempt from              exempt from ADA.
       complying with Title     But the religious
       III of the American      order is still subject
       with Disability Act of   to the provisions of
       1990 (ADA) even          Section 504 of the
       when they receive        Rehabilitation Act of
       Medicaid and             1973 (Section 504)
       Medicare funding.        as amended 29
                                U.S.C. [ § 794], and
                                its implementing
                                regulations, 45 CFR
                                Part 84, which
                                prohibits such
                                discrimination.
   13. It is acceptable to      It is not acceptable                MYTH
       use a minor child        to use a minor child
       (age 6-17) as an         as interpreter under
       interpreter in the       any circumstances
       absence of an in-        even when the
       house interpreter or     parent or applicant
       the language line,       insists. Use of a
       as long as the           minor child as
       applicant approves       interpreters is a
       and the matter is        violation of DHFS
       not medically            and DWD Civil
       related.                 Rights Compliance
                                requirements.
   14. In the Hmong             This is a                           MYTH
       culture, there           stereotype. Eye
       should be no eye         contact depends on
       contact between          the individuals.
       men and women.
   15. Under the ADA, all       Private buildings        It
       public and private       that are open to the     depends
       buildings built          public are covered,
       before 1990 must         but not private
       follow accessibility     clubs or those
       guidelines for           owned and run by
       persons using            religious orders.
       wheelchairs.             These others are
                                covered under
                                s.504 of the Rehab
                                Act. ADA Title III
                                requires that all
                                buildings open to
                                the public be



November 16, 2005                                  Milwaukee County Training
                    physically
                    accessible, e.g.
                    with appropriate
                    ramps, curbs,
                    shelves,
                    tables/chairs,
                    telephones, flashing
                    alarm lights, doors,
                    toilet stalls and
                    seats, maneuvering
                    space, sinks,
                    mirrors, parking
                    spaces, water
                    fountains,
                    carpeting.




November 16, 2005                    Milwaukee County Training

								
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