Policies

Civil Rights Policy

The State of New Hampshire, Department of Health and Human Services does not discriminate because of race, creed, color, sex, age, political affiliation or belief, religion, national origin, sexual orientation or handicap. There will be no unlawful discrimination in accepting or providing services or employment in any of the Department's programs or activities, and the Department will back this policy with appropriate sanctions, including disciplinary action as outlined in the Administrative Rules of the Division of Personnel.

General Policy Statement

Sexual harassment is a form of unlawful sex discrimination, and it is against Department policy for any employee to sexually harass another employee or beneficiary of services by:

• Making unwelcome sexual advances or requests for sexual favors or other verbal or physical conduct of a sexual nature, a condition of an employee's continued employment; or a condition of an applicant's/beneficiary's receipt of services, or
• Making submission to or rejection of such conduct the basis for employment decisions affecting the employee; or decisions affecting a person's eligibility for services.
• Creating an intimidating, hostile, or offensive working environment.

The New Hampshire Department of Health and Human Services (NHDHHS) has adopted an internal complaint procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the US Department of Health and Human Services regulations (45 C.F.R. Parts 80, 84, 86 and 91) implementing Title VII of the Civil Rights Act of 1964 (42 USC. S2000d et. seq.), Section 504 of the Rehabilitation Act of 1973, as amended (29 USC. S794), Title IX of the Education Amendments of 1972 (20 USC. S1681), and the Age Discrimination Act of 1975 (42 USC. S6101 et. Seq.) or prohibited by the non-discrimination provisions of the applicable Federal block grant statutes (42 USC. SS300w-7, 300x57 and 708).

Civil Rights Policy and Complaint Procedure

In order to avail him/herself of the complaint procedure under this policy, any person who believes s/he has been the victim or unlawful discrimination must report the alleged act(s) to the Department of Health and Human Services' Civil Rights Officer, or to Human Resources as soon as possible.

• A complaint should identify the name, work site, phone number and extension of the person filing it, and briefly describe the alleged action prohibited by policy, statute or regulation in question.
• The Civil Rights Officer or designee will conduct an investigation of a complaint, according to policy.
• A written decision determining the validity of the complaint will be issued, as soon as possible. Upon the substantiation of a complaint against an employee, disciplinary action may be taken in accordance with the Rules of the Division of Personnel.
• Retaliation of any kind against anyone who is involved in an allegation brought to the attention of the Department under this policy is strictly prohibited and may result in disciplinary action in accordance with the Rules of the Division of Personnel.
• Supervisors who receive reports of inappropriate behavior are urged to contact Human Resources for directional information to determine whether or not to utilize an informal process to change behaviors prior to the behaviors rising to the level of a complaint.
• Complainants and others who witness acts of unlawful discrimination are strongly encouraged to promptly report such incidents to their supervisor, to Human Resources or Civil Rights Officer.
• The Department of Health and Human Services will provide education and information to all departmental employees about unlawful discrimination in the workplace, its cost and consequences, and the Department's policy and complaint procedure.

Non-Discrimination Policy

The New Hampshire Department of Health and Human Services, does not discriminate against people because of their age, sex, race, creed, color, marital status, familial status, physical or mental disability, religion, national origin, sexual orientation or political affiliation or belief. There will be no discrimination in accepting or providing services, or the admission or access to, or treatment or employment in, any of the Department's programs or activities.

The Ombudsman is responsible for coordinating the civil rights compliance efforts of the Department, component offices and divisions to follow state and federal rules against discrimination.

For more information, or to learn how to make a discrimination complaint, contact:

Office of the Ombudsman

NH Department of Health and Human Services

129 Pleasant Street

Concord, NH 03301

(800) 852-3345, ext. 6941 (toll-free in NH)

(603) 271-6941 (voice)

TDD Access: Relay NH (800) 735-2964

Email at Ombudsman@dhhs.nh.gov

The New Hampshire Department of Health and Human Services is subject to Title VI of the Civil Rights Act of 1964 (42 USC., Section 2000d et seq., and Section 2000e et. seq.); Section 504 of the Rehabilitation Act of 1973, as amended (29 USC., Section 794); Title IX of the Education Amendments of 1972 (20 USC., Section 1681); the Age Discrimination Act of 1975 (42 USC., Section 6101 et. seq.); NH RSA 354-A; and certain federal block grant statutes, including, but not limited to 42 USC., Sections 300w-7, 300x-57, and 708, or any other provision through which the Department receives federal financial participation in its programs. These laws prohibit discrimination on the basis of age, sex, race, creed, color, marital status, familial status, physical or mental disability, religion, national origin, sexual orientation or political affiliation or belief in federally assisted and state funded activities. The US Department of Health and Human Services' regulations under Title VI, Section 504, Title IX and the Age Discrimination Act are found at 45 C.F.R., Parts 80, 84, 86, and 91, respectively. The New Hampshire Department of Health and Human Services is further subject to the Americans with Disabilities Act of 1990, as amended (42 USC., Section 12101,et. seq.) and its implementing regulations at 28 C.F.R., Part 35, and the Genetic Information Non Discrimination Act (USC., Section 2000-1).