Civil Rights Complaint Procedures
Non-Discrimination Policy
Maryland Department of Human Services (MDHS) ensures that all services, programs, and activities are provided in a non-discriminatory manner, adhering to both federal and state civil rights laws, consistent with the requirements of Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; the Americans with Disabilities Act of 1990 and its Amendments of 2008; the Civil Rights Restoration Act of 1987, 40 U.S.C. 122 and other related Maryland statutes and regulations.
It is committed to ensuring that no person, on the basis of race, color, age, sex, disability, religion, political beliefs, sexual orientation, genetic information, gender identity, and/or expression, familial/marital status, and national origin, shall be excluded from participation in the benefits of, or be otherwise subjected to discrimination, retaliation or harassment under any federally or non-federally funded program or activity administered by MDHS. This includes the activities, programs and services of a local department of social services (LDSS) agency, as well as vendors who provide services for MDHS’ customers. MDHS is committed to equal opportunity and provides avenues for filing complaints if discrimination is suspected.
What is Discrimination?
Discrimination is the unfair treatment of or denial of access, benefits, or services to individuals or groups based on a protected class, which includes race, color, age, sex, disability, religion, political beliefs, sexual orientation, gender identity, marital status, and national origin, including Limited English Proficiency (LEP). MDHS has adopted a complaint procedure providing for prompt and equitable resolution of discrimination complaints on any of the protected classes.
When filing a complaint, factors that should be considered include:
- What type of complaint is it?
- What protected classes are involved?
- What is the concern or issue?
- What FIA program is involved?
- Where should the complaint be forwarded?
Who Can File a Discrimination Complaint?
Any customer who believes he or she has been discriminated against based on a protected class in the provision of services, activities, programs, or benefits by an LDSS should, if possible, first try to resolve the issue locally with the supervisor or director of the program or services. If this informal attempt at resolution is unsuccessful, the complainant shall follow these steps:
Who Investigates Discrimination Complaints?
SNAP-related complaints must be filed with USDA within 180 days of the alleged incident.
U.S. Department of Agriculture (USDA)
Office of the Assistant Secretary for Civil Rights (OASCR)
1400 Independence Ave, SW Mail Stop 9410
Washington, DC 20250-9410
(866) 632-9992 or (202) 260-1026
[email protected] – email
TCA and MA-related complaints must be filed with HHS OCR within 180 days of the alleged incident.
U.S. Department of Health and Human Services (HHS)
Centralized Case Management Operations
200 Independence Avenue, S.W.
Room 509F HHH Bldg.
Washington, D.C. 20201
(800) 368-1019 /TDD (800) 537-7697
[email protected] – email
ADA Title II disability-related complaints must be filed with DOJ within 180 days of the alleged incident.
U.S. Department of Justice (DOJ)
Civil Rights Division
950 Pennsylvania Avenue, NW
4CON Building, 11th Floor
Washington, DC 20530-0001
(800) 514-0301
civilrights.justice.gov – email
Civil right complaints related to all other programs must be filed with OEPE within 30 days of the alleged incident.
Office of Employment and Program Equity (OEPE)
25 S. Charles St. 18th Floor
Baltimore, MD 21201-3330
(410) 767-7861
[email protected] – email
Procedures:
- Submit a discrimination complaint form and/or a letter to the appropriate LDSS Customer Access Coordinator (CAC) or designee.
- A complaint must be in writing and must contain the name, address, phone, and email of the person filing it and description of the problem/information about the alleged violation, including the date and location, and parties involved. If the complainant needs a reasonable accommodation to communicate his or her complaint, an alternative means of filing the complaint or receiving the response may be requested.
- Complaints are confidential and should be filed in as timely a manner as possible, but no later than thirty (30) business days after the alleged violation.
- LDSS logs the complaint; forwards a copy of the complaint to OEPE within five (5) business days of receiving the complaint; and submits the complaint to the proper federal government agency (i.e. DHS, USDA, DOJ).
- OEPE assists LDSS with collecting documentation. LDSS returns documentation to OEPE.
- OEPE finalizes the Position Statement; forwards it to the Office of Attorney General (OAG) for approval by the Office of the Secretary; and the OAG returns it to OEPE.
- OEPE submits the Position Statement to the appropriate federal government agency.
Please note: Use of this complaint process does not preclude the complainant from filing a complaint directly with the designated federal agency or filing a lawsuit for injunctive relief and damages. An individual may choose to pursue any or all of these methods.
