DPSS ePolicy

To revise an existing policy and/or form(s).

What changed?

1. Added an instructions page to the PA 607, Complaint of Discriminatory Treatment (Revised March 2023) form and included information on all options to submit a complaint.
2. The instructions page explains that a PA 607 may be used to file a retaliation complaint.
3. Added definitions of retaliation and discrimination complaint to this release.
4. Added instructions for DPSS staff to make available the California Department of Social Services form GEN 1179 (Revised May 2018), Complaint of Discrimination, in non-DPSS threshold languages.
5. Added the DPSS Civil Rights Section email address and fax number to the PA 607 form.

According to the California Department of Social Services (CDSS) Division 21-101 and 21-109, DPSS customers are protected against discrimination in the delivery of program benefits.  Discrimination towards any customer is prohibited.  Customers are protected under the laws listed in the Background section.  Staff must not discriminate against any person because of:

• National Origin (Includes Language)
• Color
• Race
• Ancestry
• Ethnic Group Identification
• Age
• Sex
• Gender Expression
• Gender Identity
• Sexual Orientation
• Marital Status
• Domestic Partnership
• Medical Condition
• Genetic Information
• Religion
• Political Affiliation
• Disability
• Citizenship
• Immigration Status
• Any applicable basis

Staff must ensure all customers have equal access and meaningful opportunity to participate in all DPSS programs and services.

Retaliation

Retaliation is prohibited under CDSS Division 21.  A retaliation complaint must identify harm such as intimidation, threat, or discrimination against a protected activity (e.g., filing a complaint or assisting/participating in an investigation or hearing).  There must be a nexus/connection between the harm and protected activity.  DPSS must handle retaliation complaints the same way as a discrimination complaint, in that if the elements are met, the complaint must be investigated.

The PA 607 is used by customers to file a complaint of discriminatory treatment and to request that an investigation be conducted.  Customers must either grant or deny their consent for the Civil Rights Section to release their identity or other personal information to investigate their complaint.

If the customer says that they feel that they have been discriminated against, or their civil rights were violated, staff must assist them with filing their complaint.  Staff must provide the customer with a PA 607 and instructions page which explains they may submit a written complaint by mail, fax, or email directly to the Civil Rights Section.  They may also submit a verbal complaint by calling the Civil Rights Complaint Hotline (see Definitions).

The purpose of CDSS Division 21 is to effectuate the provisions of the following laws: Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Title II of the Americans with Disabilities Act of 1990; the Age Discrimination Act of 1975, as amended; the Food Stamp Act of 1977, as amended; and California Civil Code, Section 51 et seq., as amended; California Government Code, Section 11135 et seq., as amended; and California Government Code, Section 4450; and other applicable federal and state laws and their implementing regulations to ensure that the administration of public assistance and social services programs are nondiscriminatory, and that no person shall, because of national origin, color, race, ancestry, ethnic group identification, age, sex, gender expression, gender identity, sexual orientation, marital status, domestic partnership, medical condition, genetic information, religion, political affiliation, disability, citizenship, immigration status, any other applicable basis, or retaliation be  excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal or state financial assistance.  Administrative methods/procedures which have the effect of subjecting individuals to discrimination or defeating the objectives of these regulations are prohibited.  Additionally, CDSS Division 21-203.5 addresses how DPSS employees and contracted staff should handle retaliation complaints in the same way as discrimination complaints, in that if the elements are met, the complaint must be investigated.

1. Anytime a customer requests to file a Civil Rights complaint, staff must inform the customer of all options available to submit a complaint, including submitting a PA 607, or other written format by mail, email, or fax, and provide them with the Civil Rights Complaint Hotline information, where the complaint can be taken over the phone with an interpreter, if needed.
2. If a PA 607 is not available in the customer's preferred language, staff must provide the customer with a GEN 1179, if available in their preferred language.
3. If neither the PA 607 not the GEN 1179 is available in the customer's preferred language, then provide the English version of the PA 607, along with the GEN 1365.
4. District and contracted offices must display the PA 607 in all DPSS threshold languages and the GEN 1179 in non-DPSS threshold languages.

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PA 607, Complaint of Discriminatory Treatment Form

GEN 1179, Complaint of Discrimination