G ETTING U NCLE S AM TO E NFORCE Y OUR C IVIL R IGHTS

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: