2025 Civil Rights

Georgia State Seal

Georgia Division of Family and Children Services
Civil Rights Policy Manual

Effective Date:

January 1, 2026

Policy Title:

Civil Rights

Next Review:

January 1, 2028

Policy Number:

`3701`

Previous Policy Number(s):

FS Policy 3030, MA Policy 2025, TANF Policy 1003

​Policy

It is the policy of the Georgia Department of Human Services (DHS), Division of Family and Children Services (DFCS) that DHS/DFCS comply with laws, regulations, and policies prohibiting unlawful discrimination on the basis of race, color, national origin, age, sex, disability, retaliation for prior civil rights activity, or any other protected class in the administration of DHS/DFCS programs, services, and activities.

​Scope

This policy addresses the responsibility of DHS/DFCS and its subrecipients, contractors, grantees, agents, and providers of services (Providers) to comply with civil rights laws and regulations, including but not limited to, Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1975, Title IX of the Education Amendments of 1972, Title II of the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. This policy also addresses compliance with nondiscrimination provisions applicable to federally-assisted programs of the US Department of Health and Human Services (HHS) (e.g., Medicaid, TANF, Child Welfare) and the US Department of Agriculture (USDA) (e.g., Supplemental Nutrition Assistance Program (SNAP), Commodity Supplemental Food Program (CSFP), The Emergency Food Assistance Program (TEFAP)).

This policy replaces all prior DHS/DFCS civil rights provisions, policies, procedures, forms, or other documents that are inconsistent with or conflict with the provisions of this policy.

Civil rights provisions relating to DHS employment and sexual harassment matters are addressed in DHS OHR Policy 101 and DHS OHR Policy 102, respectively.

​Applicability

This policy applies to all DHS/DFCS staff and its Providers, as required by law, contract, or agreement, who are involved with the administration of DHS/DFCS programs, services, and activities.

​Authority

This is not an exhaustive list of all civil rights authorities that may be applicable to DHS/DFCS programs and Providers.

Civil Rights Assurances:

​Definitions

The terms in this policy shall mean the following unless the context otherwise requires:

“ADA” means Title II of the Americans with Disabilities Act of 1990, a civil rights law which prohibits discrimination on the basis of disability in state and local government programs, services, and activities.

“Auxiliary aids and services” mean devices or services that enable effective communication for persons with disabilities including, but not limited to, qualified interpreters, notetakers, real-time computer-aided transcription services, assistive listening devices, brailled materials and displays, large print materials, qualified readers, taped texts, audio recordings, acquisition or modification of equipment or services, and other similar services and actions.

“Companion” means any family member, friend, or associate of a person seeking or receiving DHS/DFCS services who is an appropriate person with whom DHS/DFCS should communicate.

“Disability” means a physical or mental impairment that substantially limits one or more of an individual’s major life activities. The term also includes having a history or record of such an impairment or being regarded as having such an impairment even if an individual does not actually have such an impairment.

“Discrimination” means the act (or action), whether intentional or unintentional, through which an individual, solely because of race, color, age, sex, disability, national origin or any other protected class, has been otherwise subjected to unequal treatment under any program, service, or activity receiving federal financial assistance.

“LEP” or “limited English proficiency” means an inability to speak English as a primary language or a limited ability to read, speak, write, or understand English.

“Major life activities” include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, reading, concentrating, learning, thinking, communicating, as well as the operation of bodily functions, such as neurological and brain functions.

“National origin” includes, but is not limited to, a person’s or their ancestors' place of origin (such as country or world region) or a person’s manifestation of the physical, cultural, or linguistic characteristics of a national origin group.

“Reasonable modification” means a change in a policy, practice, or procedure that is made to offer equal access to a public entity’s programs, services, or activities for a person with a disability. A modification that fundamentally alters the nature of a service program, or activity; or a modification that results in an undue financial or administrative burden (applies only to recipients of federal financial assistance) is not a reasonable modification.

“Section 504 of the Rehabilitation Act of 1973” or “Section 504” prohibits discrimination based on disability against otherwise qualified individuals on the basis of disability in all programs, services, and activities receiving federal financial assistance.

“Sensory Impairment” or “SI” means deafness, blindness, and anything that affects one of the senses such as sight, hearing, smell, touch, taste and spatial awareness.

"Title VI of the Civil Rights Act of 1964” or “Title VI” means a federal law that prohibits discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance.

​Requirements

The following measures are required by DHS/DFCS to prevent discrimination and ensure equal access to DHS/DFCS programs and services:

  1. Nondiscrimination in DHS/DFCS Programs, Services and Activities

    DHS/DFCS and its Providers are prohibited from unlawfully discriminating in the administration of DHS/DFCS programs, services, and activities on the basis of race, color, age, sex, disability, national origin, or any other program-specific protected class. DHS/DFCS and its Providers are also prohibited from engaging in reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by a federal agency.

    Click here to access DFCS’ Notice of ADA/Section 504 Rights and the joint USDA and HHS Notice of Nondiscrimination.

  2. Right to File a Civil Rights, ADA/Section 504 Complaint

    Constituents who allege unlawful discrimination have the right to file a civil rights complaint, which includes complaints about decisions made regarding requests for reasonable modifications for constituents with disabilities and requests for language assistance services (e.g., interpreters and translated materials) for constituents with limited English proficiency (LEP) or sensory impairments (SI).

    All written or verbal complaints alleging discrimination on the basis of race, color, age, sex, disability, national origin, retaliation for engaging in prior civil rights activity in DHS/DFCS programs, activities or services, or any other program-specific protected class, are processed in accordance with the DFCS Civil Rights, ADA/Section 504 Complaint Process.

    DHS/DFCS and its Providers must forward all discrimination complaints to the DFCS Civil Rights and ADA/Section 504 Coordinator as required by DFCS’ Complaint Process. For more information about the DFCS Civil Rights, ADA/Section 504 complaint process or to access a complaint form, visit dfcs.georgia.gov/adasection-504-and-civil-rights.

  3. Right to Request Reasonable Modifications and Free Communication Assistance

    1. Reasonable Modifications

      Reasonable modifications afford an individual with a disability an equal opportunity to participate in all DHS/DFCS programs and receive all benefits and services for which that individual is eligible. DHS/DFCS must make reasonable modifications in policies, practices, or procedures when necessary to avoid discrimination on the basis of disability, unless it is demonstrated that making the modification would fundamentally alter the nature of the service, program, or activity or result in undue financial and administrative burdens.

      For more information about the requirement to provide reasonable modifications to constituents with disabilities or to access a Reasonable Modification or Communication Assistance form, visit dfcs.georgia.gov/adasection-504-and-civil-rights.

    2. Auxiliary Aids and Services for Communication

      DHS/DFCS and its Providers must provide free auxiliary aids and services for DHS/DFCS constituents (and their companions) with communication disabilities (e.g., hearing, vision, and speech) to ensure equally effective communication in accordance with the ADA and Section 504.

      For more information about communication assistance for constituents with disabilities, visit dfcs.georgia.gov/adasection-504-and-civil-rights.

    3. Language Assistance Services for Communication

      DHS/DFCS and its Providers must provide free qualified interpreters and translated information in a timely manner when communicating with DHS/DFCS’ constituents with LEP. Constituents with LEP do not speak English as their primary language and have a limited ability to read, write, speak, and/or understand English. Constituents with LEP may be competent in English for certain types of communication (e.g., speaking or understanding), but still be LEP for other purposes (e.g., reading or writing). A constituent may also be considered LEP if he/she prefers to communicate with DHS/DFCS, either orally or in writing, in a language other than English.

      For more information about providing constituents access to language assistance services, refer to DHS LEP/SI Policy 2001.

  4. Public Notifications

    DHS/DFCS and its Providers must inform applicants, participants, and potentially eligible persons of program availability, program rights and responsibilities, their protection against discrimination, and the procedure for filing a discrimination complaint. Additionally, DHS/DFCS and its Providers must provide effective notice to constituents with LEP of the availability of language assistance services (e.g., interpreters and translated information) in a language that they can understand . Similarly, DHS/DFCS and its Providers must notify constituents with disabilities of the availability of free auxiliary aids and services and reasonable modifications, including how to request each in a format that they can understand.

    Refer to DHS LEP/SI Policy 2001 for more information about public notices for persons with LEP.

    For more information or to obtain a copy of public notices for constituents with disabilities, visit dfcs.georgia.gov/adasection-504-and-civil-rights.

    For HHS Programs: DHS/DFCS and its Providers must provide a nondiscrimination statement to participants, beneficiaries, enrollees, and applicants of its programs and activities, and members of the public. The nondiscrimination statement must be at a conspicuous location on the DHS/DFCS website and in a clear and prominent physical location, where it is reasonable to expect constituents seeking service from the HHS program or activity to be able to read or hear the notice (45 C.F.R. § 92.10). For an electronic version of the nondiscrimination statement, visit dfcs.georgia.gov/adasection-504-and-civil-rights.

    For USDA Programs: The appropriate USDA Nondiscrimination Statement must appear in all information materials and sources, including web sites, used by DHS/DFCS and its Providers to inform the public about FNS programs (FNS Instruction 113-1, Section IX). For an electronic version of the USDA Nondiscrimination Statement, visit dfcs.georgia.gov/adasection-504-and-civil-rights or www.fns.usda.gov/cr/fns-nondiscrimination-statement.

    Similarly, the USDA issued directives on posting the appropriate And Justice for All (AJFA) poster. Form AD-475-A corresponds to the AJFA poster that is applicable to the Commodity Supplemental Food Program (CSFP) and The Emergency Food Assistance Program (TEFAP). Form AD-475-B corresponds to the AJFA poster that is applicable to SNAP. AJFA posters must be prominently displayed in all offices where there is a USDA presence and where constituents can view them. Please refer to FNS Instruction 113-1, Section IX, Appendices A and C and USDA Departmental Regulation 4300-003 – Equal Opportunity Public Notification Policy or successive FNS instructions. To obtain an AJFA poster, contact the DFCS Food and Nutrition Unit Director.

  5. Civil Rights and ADA/Section 504 Training

    Civil rights training is required for all DHS/DFCS and Provider staff involved in administering or delivering DHS/DFCS programs, activities, and services. All DHS/DFCS and Provider staff are required to complete the civil rights training, ADA/Section 504 training, and Customer Service and Communication training within 30 days of the date of hire and annually thereafter. Office of Family Independence and Child Welfare staff may be required to complete additional training specific to the operation of their respective programs, services, and systems. Training for DHS/DFCS staff is available on the DHS IOTIS website.

    Additional Training Requirements for USDA Programs: Training is required so that staff involved at all levels of the administration of programs that receive federal financial assistance comply with laws, regulations, procedures, and directives related to civil rights. Staff responsible for reviewing civil rights compliance must receive training to assist them in performing their compliance review responsibilities. The FNS Regional Civil Rights Officer may provide civil rights training or technical assistance to DHS/DFCS state-level personnel. DHS/DFCS is responsible for training the appropriate state-level personnel, local DHS/DFCS office personnel, and its Providers, including “frontline staff.” “Frontline staff” who interact with program applicants or participants, and their supervisors, must receive civil rights training on an annual basis. “Frontline staff” also includes Providers.

    FNS Instruction 113-1, Section XI provides that civil rights training for USDA programs (e.g., SNAP, CSFP, TEFAP) must include, but is not limited to the following specific topics: collection and use of data, effective public notification systems, complaint procedures, compliance review techniques, resolution of noncompliance, requirements for reasonable modifications and auxiliary aids and services for constituents with disabilities, requirements for language assistance, conflict resolution, and customer service. Refer to the DHS IOTIS website to access Civil Rights and ADA/Section 504 training .

  6. Race and Ethnicity Data Collection, Maintenance, and Reporting

    DHS/DFCS must ensure that the appropriate data is collected and maintained by its local agencies and its Providers when required by federal and state statutes, regulations or directives. This includes collection of race and ethnicity data in accordance with the U.S. Office of Management and Budget and each federal or state agency requirements. This data is to determine how effectively DHS/DFCS’ programs, activities, and services are reaching potentially eligible persons and beneficiaries, identify areas where additional outreach is needed, assist in the selection of locations for civil rights compliance reviews, and complete reports as required. Each federal agency has collection, maintenance, and reporting requirements. Refer to policies and procedures applicable to a specific program for its data collection requirements.

    DHS/DFCS programs, services and activities funded by the USDA (e.g., SNAP, CSFP and TEFAP) must follow the applicable “Data Collection and Reporting” requirements in FNS Instruction 113-1, Section XII and in Appendices A and C, or successive FNS instructions.

  7. Collection of Citizenship, Immigration Status, and Social Security Numbers

    DHS/DFCS programs are required to comply with applicable federal and state provisions regarding noncitizen eligibility and the collection of this data. However, DHS/DFCS programs must ensure that the collection and verification of citizenship status, immigration status or social security numbers, when required by federal statutes and regulations, does not result in an access barrier or unlawful discrimination in DHS/DFCS programs, services or activities. Constituents who are eligible to participate in a DHS/DFCS program must not be deterred or denied from applying for the program because a non-applicant household member has not disclosed his or her citizenship, immigration status or Social Security number.

    For USDA Programs: DHS/DFCS shall not request an applicant to provide citizenship status, immigration status, nor a social security number for CSFP and TEFAP eligibility. For SNAP eligibility, DHS/DFCS or its Providers shall not engage in the following: 1) Require information about the citizenship or immigration status of an individual who is not applying for SNAP; 2) Deny SNAP to household members applying for SNAP because a non-applicant household member fails to disclose citizenship status, immigration status, or a social security number; or 3) Attempt to establish or verify immigration status through means other than the procedures outlined in the SNAP Guidance on Non-Citizen Eligibility. DHS/DFCS has primary responsibility to determine the status of non-citizens applying for federal benefits.

    For additional information, refer to USDA FNS SNAP Guidance on Non-Citizen Eligibility.

  8. Evaluating Civil Rights Compliance/Resolution of Noncompliance

    DHS/DFCS program staff shall monitor all civil rights criteria captured within each program’s management evaluations, quality assurance reviews, compliance reports, and civil rights reviews of its local agencies and its Providers and ensure that noncompliance issues are resolved in accordance with applicable federal guidelines. Staff must report concerns and instances of noncompliance with civil rights policies to the DFCS Civil Rights and ADA/Section 504 Coordinator. The DFCS Civil Rights and ADA/Section 504 Coordinator and program staff shall resolve noncompliance matters in a timely manner.

    For USDA Programs: Refer to FNS Instruction 113-1, Sections XIII and XIV and Appendix A and Appendix C or successive FNS instructions. DHS/DFCS program staff performing compliance reviews must notify the DHS/DFCS local agency or Provider, in writing, of the findings and any requirements or recommendations upon the completion of the review.

    Noncompliance is a factual finding that a civil rights requirement, as provided by law, regulation, policy, instruction, or guidelines, is not being adhered to by DHS/DFCS or its Providers. The effective date of a finding of noncompliance is the date a written notice of noncompliance is provided to the entity under review. All DHS/DFCS programs must cooperate with the DFCS Civil Rights and ADA/Section 504 Coordinator and the DHS LEP/SI Program Manager (for LEP only) to resolve findings of noncompliance or concerns within 60 days of receipt of written notice of the findings or concerns.

    Additionally, DHS/DFCS must resolve instances of noncompliance in USDA programs in accordance with FNS Instruction 113-1, Section XIV, or successive FNS instructions. The DFCS Civil Rights and ADA/Section 504 Coordinator must submit a report of Findings of Noncompliance, along with appropriate documentation to the FNS Regional Civil Rights Officer if the findings of noncompliance in a USDA program are not resolved within 60 days of the effective date.

  9. Assurance of Nondiscrimination Language in Contracts and Agreements

    DHS/DFCS and its Providers must incorporate the appropriate assurance of nondiscrimination language in its agreements and contracts with subrecipients and contractors. Attachment A – USDA and HHS Assurances of Nondiscrimination contains samples of the current assurance language for USDA and HHS programs. Refer to FNS Instruction 113-1 - Civil Rights Compliance and Enforcement – Nutrition Programs and Activities, Section X, Appendices A and C or successive instructions or guidance for additional information regarding assurances of nondiscrimination in USDA programs.

  10. Confidentiality

    DHS/DFCS is prohibited from disclosing Personally Identifiable Information (PII) or Protected Health Information (PHI) to unauthorized individuals. Therefore, DHS/DFCS will not disclose or allow access to complainant’s PII or PHI without the appropriate authorization. In situations where a companion or other individual requests a reasonable modification or communication assistance on behalf of an individual with a disability, DHS/DFCS will contact the individual with the disability or authorized representative to clarify the request.

​Resources and Forms

The following is a non-exhaustive list of resources to civil rights and ADA/Section 504 notices, policies, manuals, forms, and other tools applicable to DHS/DFCS programs and Providers. Generally, policies and procedures are available on the DHS Policy and Manual Management System (PAMMS).

  1. Policies, Manuals, and Forms (applies to all DHS/DFCS programs, activities, and services)

  1. Training

    • DHS 1100 - Civil Rights and LEP/SI (applies to all DFCS and OFI Community Partners, required annually and within 30-days of hire)

    • Training materials available on DHS IOTIS training site

  2. Required Signage and Posters

    • DFCS “Notice of ADA/Section 504 Rights”

    • DFCS U.S. Department of Agriculture’s and U.S. Department of Health and Human Services’ Joint Nondiscrimination Statement

    • Georgia Department of Human Services Notice of Free Interpretation Services

    • “AND JUSTICE FOR ALL” Posters

      • TEFAP and CSFP (FNS Form AD-475A)

      • SNAP (FNS Form AD-475B)

    • DFCS programs, services and activities funded by the USDA (e.g., SNAP) must follow applicable “Public Notification” requirements (e.g., FNS Instruction 113-1).

  3. DHS/DFCS Webpage Links

  1. Office of Family Independence (OFI)

    1. Policies, procedures, and forms (applies to all OFI programs)

      • DFCS’ “Duties of the Office of Family Independence District ADA/Section 504 Coordinators” (See POL 3601 Americans with Disabilities Act and Section 504 of the Rehabilitation Act-Attachment 1)

      • DFCS OFI “ADA/Section 504 District Coordinator List”

      • DFCS “Quality Assurance Unit’s Plan for Periodic Random Sampling of Fair Hearing Requests and ADA/Section 504 DFCS County” (DFCS Management Evaluation (ME) Plan)

      • DFCS “County Department Civil Rights/ADA Reasonable Modifications Compliance Review Guide” (Form 723)

    2. SNAP Policies

      • Policy 3025 Americans with Disabilities Act (ADA) and Section 504

      • Policy 3030 Civil Rights

    3. Medicaid Policies

      • Policy 2020 Americans with Disabilities Act (ADA) and Section 504

      • Policy 2025 Civil Rights

    4. TANF Policies

      • Policy 1003 Civil Rights

      • Policy 1004 Americans with Disabilities Act (ADA) and Section 504

    5. Energy Assistance Program (LIHEAP) Policies

      • Policy 800 Americans with Disabilities Act and Section 504

    6. Community Services Block Grant (CSBG) Program Policies

      • Policy 800 Americans with Disabilities Act (ADA) and Section 504

    7. Training (Available on DHS IOTIS training site):

      • DHS 1100 - Civil Rights and LEP/SI (All DFCS and Gateway Community Partners, required annually and within 30-days of hire)

      • ADA 204 - ADA Section 504 Training (OFI and Gateway Community Partners only)

      • WEX 242: ADA Training Updates (OFI only, Gateway training)

      • WEX 243: CR 675021 Civil Rights Updates (OFI only, Gateway training)

      • ADA/Section 504 DFCS District Coordinator Training (OFI only)

      • DHS 3000: Customer Service and Communication

    8. R.H. et al. v. Rawlings et al., CAFN: 1:17-CV-01434-TWT (N.D. Ga. 2019) (Consent Order filed on June 4, 2019)

  2. Child Welfare

    1. Policies, procedures, and forms (applies to all child welfare programs)

      • Policy 1.4 Non-Discriminatory Child Welfare Practices

      • Policy 1.5 Americans with Disabilities Act (ADA)/Section 504 and Reasonable Modifications

      • Policy 1.6 Indian Child Welfare Act (ICWA) and Transfer of Responsibility for Placement and Care to a Tribal Agency

      • Policy 1.16 Civil Rights Complaint Process

      • DFCS Child Welfare “ADA/Section 504 Regional Coordinator List”

    2. Foster care and adoption

      • Policy 14.11 Individualized Assessment

      • Individualized Assessment Tool for Prospective and Existing Caregivers

    3. Training (Available on DHS IOTIS training site):

      • DHS 1100 - Civil Rights and LEP/SI (All DFCS, required annually and within 30-days of hire)

      • OCP 833 – ADA/504 Individualized Assessment

      • ADA/Section 504 DFCS Regional Coordinator Training –“WEB 153: Regional FC/Ado ADA Coordinator Training” (Foster care & adoption)

      • OCP 777 - Indian Child Welfare Act (ICWA)

      • OCP 131 – Multi-Ethnic Placement Act (MEPA)/Inter-Ethnic Adoption Provisions Act (IEPA)

      • ADA 205 - Part 2: Civil Rights Protections for Individuals with Opioid Use Disorder

​Responsibilities

While the DFCS Division Director is responsible for the Division’s Civil Rights and ADA/Section 504 compliance, all DHS/DFCS staff administering DHS/DFCS programs, services, and/or activities are required to adhere to the DFCS’ Civil Rights policy.

The DFCS Civil Rights and ADA/Section 504 Coordinator is the official designee responsible for ensuring the Division’s compliance with civil rights laws and regulations, including Title VI, the ADA, and Section 504. The Coordinator’s responsibilities include, but are not limited to investigating civil rights complaints, ensuring DHS/DFCS constituent requests for reasonable modifications, and the provision of auxiliary aids and services (e.g., assisting DHS/DFCS staff with constituents with disabilities). In coordination with the DFCS Civil Rights and ADA/Section 504 Coordinator, designated DFCS District ADA/Section 504 Coordinators are responsible for providing support to the Office of Family Independence relating to compliance with disability laws. DFCS Child Welfare Regional ADA/Section 504 Coordinators provide related ADA support for child welfare services (adoptions, foster care, and/or child abuse and neglect).

The DFCS Quality Assurance Unit is responsible for providing Civil Rights and ADA/Section 504 compliance activities for DFCS’ Office of Family Independence.

The DHS LEP/SI Program Manager is responsible for providing support to DHS/DFCS regarding matters involving DHS/DFCS constituents with LEP.

Staff must report concerns and instances of noncompliance with civil rights policies to the DFCS Civil Rights and ADA/Section 504 Coordinator. For questions regarding Civil Rights and ADA/Section 504 policies and procedures, contact the DFCS Civil Rights and ADA/Section 504 Coordinator.

​History

This policy replaces all other DFCS policies on civil rights, including but not limited to, all prior DFCS Methods of Administration policies; DFCS Food Stamp Policy 3030 (General Program Overview: Civil Rights); DFCS Medicaid Policy 2025 (General Medicaid Information: Civil Rights); and DFCS TANF Policy 1003 (General Program Overview: Civil Rights).

​Attachments

​Attachment A – USDA and HHS Assurances of Nondiscrimination

​Sample Assurance Language for State SNAP Agency Contracts and Subrecipient Agreements

The [contractor/subrecipient] agrees to comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), Section 11(c) of the Food and Nutrition Act of 2008, as amended (7 U.S.C. 2020), Title II and Title III of the Americans with Disabilities Act (ADA) of 1990 as amended by the ADA Amendments Act of 2008 (42 U.S.C. 12131-12189) as implemented by Department of Justice regulations at 28 CFR Parts 35 and 36, and all requirements imposed by the regulations issued by the Department of Agriculture to the effect that, no person in the United States shall, on the grounds of sex, race, color, age, disability, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subject to discrimination under SNAP. This includes program-specific requirements found at 7 CFR Part 15 et seq. and 7 CFR § 272.6.

This assurance is given in consideration of and for the purpose of obtaining any and all Federal assistance extended to the [contractor/subrecipient] under the authority of the Food and Nutrition Act of 2008, as amended. Federal financial assistance includes grants, and loans of Federal funds; reimbursable expenditures, grants, or donations of Federal property and interest in property; the detail of Federal personnel; the sale, lease of, or permission to use Federal property or interest in such property; the furnishing of services without consideration, or at a nominal consideration, or at a consideration that is reduced for the purpose of assisting the recipient or in recognition of the public interest to be served by such sale, lease, or furnishing of services to the recipient; or any improvements made with Federal financial assistance extended to the [contractor/subrecipient] by the USDA, State agency or local agency. This assistance also includes any Federal agreement, arrangement, or other contract that has as one of its purposes the provision of cash assistance for the purchase of food, cash assistance for purchase or rental of food service equipment or any other financial assistance extended in reliance on the representations and agreements made in this assurance.

By accepting this assurance, the [contractor/subrecipient] agrees to compile data, maintain records, and submit records and reports as required, to permit effective enforcement of nondiscrimination laws and permit authorized State agency and/or USDA personnel during hours of program operation to review and copy such records, books, and accounts, access such facilities and interview such personnel as needed to ascertain compliance with the nondiscrimination laws. If there are any violations of this assurance, USDA, FNS, shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the [contractor/subrecipient], its successors, transferees, and assignees as long as it receives assistance or retains possession of any assistance from USDA. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the [contractor/subrecipient].

​Sample Assurance Language for U.S. Health and Human Services (HHS) State Agency Contracts and Subrecipient Agreements

ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964, SECTION 504 OF THE REHABILITATION ACT OF 1973, TITLE IX OF THE EDUCATION AMENDMENTS OF 1972, THE AGE DISCRIMINATION ACT OF 1975, SECTION 1557 OF THE PATIENT PROTECTION AND AFFORDABLE CARE ACT, AND FEDERAL CONSCIENCE AND ANTI-DISCRIMINATION LAWS

*With respect to compliance with 45 C.F.R. Part 88, the signatory is providing assurance of compliance with such Part to the extent it is in effect during the term of the award. Consistent with applicable court orders, the version of Part 88 in effect as of December 2, 2019, is found at 76 Fed. Reg. 9,976-77 (February 23, 2011).

The Applicant provides this assurance in consideration of and for the purpose of obtaining Federal grants, loans, contracts, property, discounts or other Federal financial assistance from the U.S. Department of Health and Human Services.

THE APPLICANT HEREBY AGREES THAT IT WILL COMPLY WITH:

  1. Title VI of the Civil Rights Act of 1964, as amended (codified at 42 U.S.C. § 2000d et seq.), and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 C.F.R. Part 80), to the end that, in accordance with Title VI of that Act and the Regulation, no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant receives Federal financial assistance from the Department.

  2. Section 504 of the Rehabilitation Act of 1973, as amended (codified at 29 U.S.C. § 794), and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 C.F.R. Part 84), to the end that, in accordance with Section 504 of that Act and the Regulation, no otherwise qualified individual with a disability in the United States shall, solely by reason of her or his disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity for which the Applicant receives Federal financial assistance from the Department.

  3. Title IX of the Education Amendments of 1972, as amended (codified at 20 U.S.C. § 1681 et seq.), and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 C.F.R. Part 86), to the end that, in accordance with Title IX and the Regulation, no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any education program or activity for which the Applicant receives Federal financial assistance from the Department.

  4. The Age Discrimination Act of 1975, as amended (codified at 42 U.S.C. § 6101 et seq.), and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 C.F.R. Part 91), to the end that, in accordance with the Act and the Regulation, no person in the United States shall, on the basis of age, be denied the benefits of, be excluded from participation in, or be subjected to discrimination under any program or activity for which the Applicant receives Federal financial assistance from the Department.

  5. Section 1557 of the Patient Protection and Affordable Care Act, as amended (codified at 42 U.S.C. § 18116), and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 CFR Part 92), to the end that, in accordance with Section 1557 and the Regulation, no person in the United States shall, on the ground of race, color, national origin, sex, age, or disability be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any health program or activity for which the Applicant receives Federal financial assistance from the Department.

  6. As applicable, the Church Amendments, as amended (codified at 42 U.S.C. § 300a-7), the Coats-Snowe Amendment (codified at 42 U.S.C. § 238n), the Weldon Amendment (e.g., Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2019, Div. B., sec. 507(d), Pub. L. No. 115-245, 132 Stat. 2981, 3118 (Sept. 28, 2018), as extended by the Continuing Appropriations Act, 2020, and Health Extenders Act of 2019, Pub. L. No. 116-59, Div. A., sec. 101(8), 133 Stat. 1093, 1094 (Sept. 27, 2019)), Section 1553 of the Patient Protection and Affordable Care Act, as amended (codified at 42 U.S.C. § 18113), and Section 1303(b)(4) of the Patient Protection and Affordable Care Act, as amended (codified at 42 U.S.C. § 18023(b)(4)), and other Federal conscience and anti-discrimination laws, including but not limited to those listed at www.hhs.gov/conscience/conscience-protections, and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 C.F.R. Part 88), to the end that the rights of conscience are protected and associated discrimination and coercion are prohibited, in any program or activity for which the Applicant receives Federal financial assistance or other Federal funds from the Department for which the Federal conscience and anti-discrimination laws and 45 C.F.R. Part 88 apply.

The Applicant agrees that compliance with this assurance constitutes a condition of continued receipt of Federal financial assistance, and that it is binding upon the Applicant, its successors, transferees and assignees for the period during which such assistance is provided. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Applicant by the Department, this assurance shall obligate the Applicant, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is so provided, this assurance shall obligate the Applicant for the period during which it retains ownership or possession of the property. The Applicant further recognizes and agrees that the United States shall have the right to seek judicial enforcement of this assurance.