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Discrimination on the Basis of Race, Color, or National Origin

The Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services (HHS) is responsible for enforcing the nondiscrimination requirements of Title VI of the Civil Rights Act of 1964 (Title VI) 42 U.S.C.§ 2000d, as it applies to programs or activities that receive Federal financial assistance from HHS. Title VI prohibits discrimination on the grounds of race, color, or national origin.  For a full list of nondiscrimination requirements for which OCR has jurisdiction, please review our Understanding Your Civil Rights. For a list of areas of nondiscrimination enforcement for which OCR does not have jurisdiction, please review our Civil Rights Enforcement through Other Federal Agencies

Title VI protects people of every race, color, or national origin from unlawful discrimination in programs and activities that receive Federal financial assistance from HHS. There are many forms of illegal discrimination based on race, color, or national origin that may limit the opportunities of individuals to gain equal access to health care and social services. A recipient of Federal financial assistance may not, based on race, color, or national origin:

  • Deny services or other benefits provided as a part of health or human service programs.
  • Provide a different service or other benefit, or provide services or benefits in a different manner from those provided to others under the program.
  • Segregate or separately treat individuals in any matter related to the receipt of any service or other benefit.
  • Utilize criteria or methods of administration which subject individuals to discrimination.
  • Select a facility’s site or location that excludes individuals or denies them benefits.
  • Deny an individual an opportunity to participate on a planning or advisory board.

Regulations

  • 45 CFR Part 80:  Title VI of the Civil Rights Act – Nondiscrimination on the basis of race, color, or national origin

Policy Initiatives

Fact Sheets

Recent Compliance Activities

  • University of New Mexico (UNM) Hospital (NM) – OCR Region VI resolved a complaint which alleged that a 75-year old Spanish speaking individual was not provided with language assistance services during her medical appointment.  In response to OCR’s investigation and provision of technical assistance, the Hospital, a 431-bed facility, took corrective action to improve its language services program, including:  (1) revising its limited English proficiency (LEP) policy; (2) coordinating its interpreters and translations through a recently established Interpreter Language Service Department; (3) mandating a staff training program on language services; (4) implementing an interpreter qualification testing and training program; (5) posting signs informing the public of the availability of language assistance services; (6) translating over 900 forms and vital documents; and (7) conducting periodic reviews and monitoring to ensure the effectiveness of language services for LEP persons.  These corrective actions also were implemented at the Hospital’s off-site clinics, as well as the UNM Children’s Hospital, UNM Children’s Psychiatric Center, UNM Adult Psychiatric Center, the UNM Cancer Center, and the UNM Carrie Tingley Hospital.  Read the Letter of Finding

  • Montgomery County Department of Social Services (NY) - OCR Region II secured a Voluntary Resolution Agreement with the Montgomery County Department of Social Services (MCDSS) in New York to ensure that people with limited English proficiency (LEP)  – those who do not speak English as their primary language and who have a limited ability to read, write, speak, or understand English – will have improved access to Medicaid and other social services programs. The MCDSS provides or administers a wide range of publicly funded social services and cash assistance programs, including Temporary Assistance for Needy Families, Supplemental Nutrition Assistance Program (formerly known as the Food Stamp Program), Medicaid, emergency assistance, general relief, adult protective services, and personal care services.  Its programs reach approximately 28,000 people. Under the agreement, MCDSS voluntarily committed to take steps to ensure that the language access needs of its LEP clients are properly assessed and that competent language access services are provided to clients for the full range of services, including home visits and evaluations.  MCDSS agreed to provide timely language assistance services to ensure effective communication during home visits and evaluations; to notify LEP clients of the availability of free language assistance; to use family or friends as interpreters only when specifically requested by the client after the client has been notified of the option for free language assistance; to translate vital program documents; and to establish mandatory staff training on their obligations under Title VI.  Read the Resolution Agreement   Read the HHS Press Release  (Spanish - PDF)

  • Medco Health Solutions, Inc. (CA) - OCR Region II secured corrective action that resolves an LEP complaint against Medco Health Solutions (Medco), a pharmacy benefit management company that is also the nation’s largest mail-order pharmacy operation.  The complaint alleged that Medco failed to provide LEP members with meaningful access to mail-order pharmacy services and other pharmacy benefit management services.  Medco agreed to address the issues in the complaint and provided OCR with written assurance that it will implement a number of measures to strengthen its provision of language assistance services to LEP members with whom Medco directly communicates.  Medco Commitment Letter   OCR Closure Letter   Read the HHS Press Release (Spanish and Spanish PDF)

  • Hawaii Department of Human Services - OCR Region IX secured a statewide settlement agreement to ensure limited-English proficient persons  receive equal access to its programs and services, including health insurance and medical programs for low-income persons. Read the Resolution Agreement   Read the HHS Press Release