Civil Rights in EmergenciesPresentation byDHS Office for Civil Rights and Civil Libertiesand FEMA Office of Equal RightsJune 27, 2018EnvironmentalJustice Interagency Working GroupWebinar
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FEMA Office of Equal Rights/DHS Office for Civil Rights and Civil Liberties
7/23/2018
FEMAHelping people before, during, and after disasters.
DHS Office for Civil Rights and Civil Liberties (CRCL)The Office for Civil Rights and Civil Liberties supports the Department's mission to secure the nation while preserving individual liberty, fairness, and equality under the law.
Mission
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FEMA Office of Equal Rights/DHS Office for Civil Rights and Civil Liberties
7/23/2018
FEMASection 308 of TheStaffordAct: Nondiscrimination in Disaster Assistance (42 U.S.C. 5151) prohibitsdiscrimination based on race, color, religion, nationality, sex, age,or economic status, or disability in“the distribution of supplies, the processing of applications, and other relief and assistance activities.”44 CFR Part 16: Enforcement of nondiscrimination on the basis of [disability] in programs or activities conducted by FEMA.44 CFR Part7:Nondiscrimination on the basis of race, color,or national origin in any program or activity receiving federal financial assistance from theFederal Emergency ManagementAgency.
Civil Rights Authorities
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FEMA Office of Equal Rights/DHS Office for Civil Rights and Civil Liberties
7/23/2018
CRCLFederally Assisted6 CFR Part 21: Nondiscrimination on the basis of race, color, or national origin in programs andactivitiesreceiving federal financial assistance from DHS.CRCL also enforces nondiscrimination in DHS federally assisted programs and activities on the basis of disability, sex, age, and religion.Federally Conducted6 CFR Part 15: Nondiscrimination on the basis of disability in DHS federally conducted program and activities.CRCL also carries out the Department’s statutory responsibilities to ensure that civil rights and civil liberties of persons are not diminished by efforts, activities and programs aimed at securing the homeland.
Civil Rights Authorities
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FEMA Office of Equal Rights/DHS Office for Civil Rights and Civil Liberties
7/23/2018
FEMA deploys Equal Rights Advisors (ERADs) to the disaster operations to advise the Federal Coordinating Officer on civil rights related issues;ERADs maintain a presence at public meetings to educate the impacted community on FEMA civil rights program and foster community engagement; andThe Office of Equal Rights may conductcompliancereviewsofgrant recipients toensure inclusion of persons with disabilitiesand nondiscrimination in servicesprovided.
FEMA Office of Equal RightsFunctions and Responsibilities in Emergencies
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FEMA Office of Equal Rights/DHS Office for Civil Rights and Civil Liberties
7/23/2018
Before deployment to a disaster, ERADs obtain demographic data regarding the affected populations; populations in need of interpreters are identified.ERADs advise Joint Field Office leadership to ensure DisasterRecovery Centers are located in areas accessible tocommunities that may be disproportionately impacted: minority,low income, and LEP populations as well as people with disabilities.ERADs post notice ofcivil rights protections at places where FEMA directly engages the public, such as Disaster Recovery Centers.ERADs receiveand investigate civil rightscomplaints.
FEMA Office of Equal RightsFunctionsand Responsibilities inEmergencies(cont.)
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FEMA Office of Equal Rights/DHS Office for Civil Rights and Civil Liberties
7/23/2018
With respect to Section 504, ERADs’ work supports:Program Accessfor individuals with disabilitiesEffective Communication Accessfor individuals with disabilitiesPhysical Accessfor individuals with disabilities in accordance with the Architectural Barriers ActReasonable Accommodations and Modificationsto promote access and/or opportunity to participate, when requested by individuals with disabilities
FEMA Office of EqualRightsFunctionsand Responsibilities in Emergencies(cont.)
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FEMA Office of Equal Rights/DHS Office for Civil Rights and Civil Liberties
7/23/2018
With respect to Section 504, ERADs:Ensure thatnoticeis provided to the public regardingnondiscrimination on the basis of disability, civil rights complaint process, and theprocess for requesting reasonableaccommodation;Provide tools and guidancetoaddress barriers to equal access and equal opportunity for people withdisabilities;
FEMA Office of EqualRightsFunctionsand Responsibilities in Emergencies (cont.)
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FEMA Office of Equal Rights/DHS Office for Civil Rights and Civil Liberties
7/23/2018
With respect to Section 504, ERADs:Respondto and investigate complaints filed under504;Provide technical assistanceto FEMA program offices onproviding reasonableaccommodationsor modifications to ensure equal access for survivors withdisabilities; andProvide disability-related training to FEMA program offices.
FEMA Office of EqualRightsFunctionsand Responsibilities in Emergencies (cont.)
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FEMA Office of Equal Rights/DHS Office for Civil Rights and Civil Liberties
7/23/2018
Engage with and provide resources to recipients on their civil rights obligations in the context of emergencies;Engage with and distribute information on civil rights protections and complaint processes to stakeholder organizations that serve or represent persons with disabilities, persons with LEP, and others with access and functional needs;Support FEMA Office of Equal Rights and FEMA Office of Disability Integration and Coordination in identifying and meeting the needs of persons with disabilities, persons with LEP, and others with access and functional needs in emergencies;
DHS Office for Civil Rights and Civil LibertiesFunctionsand Responsibilities inEmergencies
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FEMA Office of Equal Rights/DHS Office for Civil Rights and Civil Liberties
7/23/2018
Coordinate with other federal agencies to identify and address civil rights related concerns in emergencies; andProcess civil rights complaints, including facilitating informal resolutions.
DHS Office for Civil Rights and Civil LibertiesFunctionsand Responsibilities inEmergencies (cont.)
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FEMA Office of Equal Rights/DHS Office for Civil Rights and Civil Liberties
7/23/2018
Examples of Current Work:Resource DevelopmentTips for Effectively Communicating with the Whole Community in DisastersNotice to Recipients on Nondiscrimination and other guidance documentsJoint Federal Guidance on Compliance with Title VI in Emergency Preparedness, Response, Mitigation, and Recovery Activities.
DHS Office for Civil Rights and Civil LibertiesFunctions and Responsibilities in Emergencies (cont.)
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FEMA Office of Equal Rights/DHS Office for Civil Rights and Civil Liberties
7/23/2018
Examples of Current Work:Community and Stakeholder EngagementPost-Disaster Community Listening Sessions (TX, CA, FL, PR, and USVI)Disability Access and Language AccessDisability Stakeholder CallsParticipation in emergency management conferences and forums
DHS Office for Civil Rights and Civil LibertiesFunctions and Responsibilities in Emergencies (cont.)
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FEMA Office of Equal Rights/DHS Office for Civil Rights and Civil Liberties
7/23/2018
Examples of Current Work:ComplaintsCRCL reviewsand investigates civil rights and civil liberties complaints filed by the public regardingDHS programs and activities and those of its federally assisted recipients. This includes complaints alleging violations of civil rights in emergencies.
DHS Office for Civil Rights and Civil LibertiesFunctions and Responsibilities in Emergencies (cont.)
Update of internal civil rights training for FEMAOffice of EqualRights (including the ERADs), particularly as it relates to disability and LEP requirements becauseof affirmativeobligations;Develop a civilrights trainingcourse foremergencymanagers;andIntegrate civil rights responsibilities within existing courses FEMA provides to state, local, tribal, and territorial emergency managers
7/23/2018
Office of Equal Rights / Office of Disability Integration and Coordination
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Future Efforts
Participate in regional emergency related planning processesEstablish of clearinghouse webpage for civil rights related information for emergencies -In ProgressEnhance engagement with stakeholder organizations
7/23/2018
Office of Equal Rights / Office of Disability Integration and Coordination
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Future Efforts
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FEMA Office of Equal Rights/DHS Office for Civil Rights and Civil Liberties
7/23/2018
Stephanie Fell, FEMA Office of Equal Rights(202) [email protected] Rayford, FEMA Office of Equal Rights(202) [email protected] Vance, DHS Office for Civil Rights and Civil Liberties(202) [email protected]
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