FEMA IS-21: Civil Rights and FEMA Disaster Assistance Course Summary

• Identify the purpose of the FEMA Civil Rights program and the protections it offers.
• Identify strategies to ensure the civil rights of FEMA customers.

[Beverly Powell, Equal Rights Officer] It means that if I am in a wheelchair and I go to a Disaster Recovery Center, I’m able to get into the center.

[Narrator] Civil rights can be as simple as relating to disaster survivors in an empathetic and fair manner.

[Martelle Chapital-Smith, Equal Rights Officer] The first step is to actually put yourself in the survivor’s place and to really look and see how would you like to be treated.

[Beverly Powell, Equal Rights Officer] It means that if I need temporary housing, the temporary housing that FEMA is assisting and providing, that that housing is accessible to me so that I can take a shower. It means that we’re able to communicate in the language that person speaks. It means that if I’m visually impaired, the materials are available either in a recorded fashion or in Braille, and that someone is able to help me navigate in that Recovery Center.

[Narrator] And finally, civil rights means ensuring that our programmatic decisions afford equal opportunities and services for all members of a community.

Civil rights are central to who we are as a Nation. And we all play an important role in protecting these precious rights.

• Identify civil rights laws and their requirements.
• Recognize instances of discrimination.

• Civil Rights Act of 1964, as amended
• Fair Housing Act of 1968
• Age Discrimination Act of 1975
• Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended
• Rehabilitation Act of 1973
• Americans with Disabilities Act (ADA) of 1990
• ADA Amendments Act of 2008
• Post-Katrina Emergency Management Reform Act of 2006

We’ll take a brief look at each of these laws and the protections they provide.

• Race.
• Color.
• National origin.

Simple justice requires that public funds, to which all taxpayers of all races [colors, and national origins] contribute, not be spent in any fashion which encourages, entrenches, subsidizes or results in racial [color, or national origin] discrimination.

If a recipient of Federal assistance is found to have discriminated and voluntary compliance cannot be achieved, the Federal agency providing the assistance should either initiate fund termination proceedings or refer the matter to the Department of Justice for appropriate legal action.

Aggrieved individuals may file administrative complaints with the Federal agency that provides funds to a recipient, or the individuals may file suit for appropriate relief in Federal court.

Title VI itself prohibits intentional discrimination. However, most funding agencies have regulations implementing Title VI that prohibit recipient practices that have the effect of discrimination on the basis of race, color, or national origin.

The provisions cover all types of housing (regardless of type of funding) intended as a short- or long-term residence, including the following types that are often used to house persons displaced by disasters:

• Shelters that house persons for more than a few days
• Transitional housing facilities
• Nursing homes
• Manufactured housing

For example, an evacuation plan that does not provide for elderly evacuees (many of whom live alone, do not drive, and may not know how to access mass transportation used to assist in evacuation) would be unacceptable.

The Stafford Act applies to:

• FEMA services and operations.
• Personnel carrying out Federal assistance functions.
• Other bodies participating in relief operations, including all private relief organizations, contractors, and volunteers.

• Effectively communicate with people who have communication disabilities including hearing, vision, or cognitive disabilities.
• Meet accessibility standards in new construction and altered facilities.
• Make changes to policies, practices, procedures, and structures as a reasonable accommodation for individuals with disabilities unless doing so would require a fundamental alteration of the program or constitute an undue financial and administrative burden.

Federal financial assistance is defined very broadly. For example, a private nonprofit organization that receives a Federal contract to provide services is covered by Section 504, as is an organization that receives free or subsidized use of Federal property, or is provided staff paid by a Federal agency.

An accessible information technology system is one that can be operated in a variety of ways and does not rely on a single sense or ability of the user.

Requirements include meeting specified architectural standards and ensuring effective communication with people who have hearing, vision, or speech disabilities.

The ADA Amendments Act of 2008 broadened the definition of disabilities.

• Physical impairment: Includes disorders of the sense organs (talking, hearing, etc.), motor functions, and body systems such as respiratory, cardiovascular, musculoskeletal, reproductive, digestive, genito-urinary, hemic, lymphatic, skin, neurological, and endocrine systems.
• Mental impairment: Includes most psychological disorders and disorders such as organic brain syndrome, learning disabilities, and emotional or mental illness. It specifically excludes various sexual behavior disorders, compulsive gambling, pyromania, and disorders due to current use of illegal drugs.
• Major life activities: Include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, breathing, learning, reading, concentrating, thinking, communicating, and working. Major life activities also include the operation of major bodily functions, such as the immune system and normal cell growth, which covers persons with HIV or cancer.
• Substantially limits: The severity and duration of an impairment determines whether it substantially limits a major life activity. Impairment must last for several months and significantly restrict a major life activity, but an impairment that is episodic or in remission is still a disability if it would substantially limit a major life activity when active. Similarly, an impairment is still regarded as a disability even if the individual uses medication, equipment, learned adaptive behaviors, or other mitigating measures to lessen the effects of the impairment.

The Equal Employment Opportunity Commission (EEOC) has adopted the provisions of the ADA as guiding principles of the Rehabilitation Act.

Any television public announcement that is produced or funded in whole or in part by the Federal Government must be closed captioned.

• Denied a service or benefit,
• Denied access to or participation in a service or program although found eligible, or
• Provided a different service, or the service is provided in a different manner.

Unintentional discrimination can occur when a rule or policy appears harmless but has a disproportionate adverse impact on members of a protected group. It does not matter if there is no intent to discriminate.

Such treatment can result in a violation even if the original complaint filed by the person is found to be groundless.

• A FEMA contractor makes racially insensitive remarks or attempts to sexually harass an applicant seeking assistance.
• A national voluntary agency provides better supplies to the majority population than to minorities.
• FEMA contractors complete visits to the majority part of town before going to the minority part.
• Only minorities are housed in mobile home parks.
• A disabled person is placed in temporary housing that is not equipped for his or her needs.
• Temporary housing locations are poorly located, inadequately policed, etc.
• A Disaster Recovery Center (DRC) is located in an area where certain racial or ethnic groups do not feel comfortable or safe.
• A DRC is located in a building that is inaccessible by persons with physical disabilities.
• A facility cannot be accessed by public transportation.
• Information about assistance is not available in a language spoken by large numbers of residents.
• Local officials use Public Assistance funds to repair damage in majority areas but ignore needed repairs in the minority community.
• Local officials administer Hazard Mitigation Grant Program funds to provide benefits to the majority community but ignore or undervalue the minority community.
• Members of a minority community must travel many miles to reach a food and water distribution site.
• A State attempts to apply different standards for assistance to Indian tribes than to the majority population.
• A call processing center does not provide a telecommunications alternative such as TTY for hearing-impaired applicants.
• A person who has complained in the past about discrimination is labeled a troublemaker and refused service.
• During recovery following an earthquake, companies are hired to help with debris removal and road repair. Minority-owned companies are excluded.

No person shall be denied the benefits of, be deprived of participation in, or be discriminated against in any program or activity conducted by or receiving financial assistance from FEMA on the grounds of:

• Personnel involved in distribution of supplies, processing of applications, and other relief and assistance activities.
• Programmatic guidelines, procedures, or other directives.
• Entities receiving Federal financial assistance from FEMA, including State, tribal, and local governments; educational institutions; and any organization of any type obtaining benefits through the Infrastructure or Mitigation Programs.
• Local boards and their participating charitable organizations receiving aid from the Emergency Food and Shelter Program.

• FEMA’s Civil Rights Program
• FEMA’s Civil Rights Policy
• FEMA’s Disability Policy

• Identify civil rights laws and their requirements.
• Recognize instances of discrimination.

• Explain how interactions relate to protecting civil rights.
• Identify strategies for protecting civil rights by:
  • Ensuring access to information.
  • Removing physical barriers.
  • Making fair and equitable decisions.

Protecting civil rights begins with the way we treat people before, during, and after a disaster. Every interaction should help open doors and promote equal access to FEMA programs and assistance.

Protecting civil rights also means that each person has equal access to information regardless of factors such as a disability or limited English proficiency, and involves removing physical barriers that could prevent access to meetings or facilities.

Finally, protecting civil rights means that we make equitable programmatic decisions by considering the fairness of our decisions and potential impacts on all community members.

This lesson will provide strategies you can use to protect civil rights through interaction, information, access, and fair decisions.

Protecting civil rights means ensuring that your decisions and actions afford equal opportunity and access to everyone—regardless of disability, limited English proficiency, age, economic status, or other protected status.

It means taking the time to think: will my actions open doors of opportunity, or am I unwittingly excluding someone from the programs and benefits FEMA has to offer?

By treating each person fairly and with respect, you demonstrate FEMA’s commitment to providing programs, services, and benefits to every eligible person fairly and without discrimination.

If he or she perceives fair and respectful treatment, then that is the reality. If the person is left with a negative impression, that too is the person’s reality—regardless of whether it appears valid to you.

It is often helpful to ask yourself, “How would I view this situation, and how would I feel about it?”

Avoid making assumptions or prejudging people on the basis of a group with which they may be identified.

Don’t let the fact that a person is of a certain race, national origin, age, sex, or other “category” influence how you view the person’s situation or circumstances.

Treat each individual responsibly, professionally, and with respect.

To learn more about cultural diversity, you may wish to take FEMA IS-20 – Diversity Awareness Course.

By showing empathy—seeing the situation from another’s point of view and acknowledging the other person’s feelings—you may be able to:

• Reduce defensiveness and build trust.
• Help the person calm down, shed some of the stress and frustration, begin to think more clearly, and be more receptive to outside input.
• Encourage the surfacing of information you need to assist them.

Show that you are listening through body language (uncrossing your arms, leaning forward, smiling) and nonverbal encouragement (nodding, facial expression). On the phone, put warmth in your voice and use verbal encouragement (“uh-huh,” “I see”).

Try to appreciate the individual’s feelings. Recognize that whatever emotion the person is feeling, it is very real to him or her, regardless of whether you understand it or agree with it.

Let the individual talk about the situation, and avoid interrupting as much as possible. While you may not be able to devote unlimited time to each individual, allowing a few minutes for the person to talk can go a long way toward easing some of the person’s frustration and will convey that FEMA cares.

Paraphrase and inquire. Try paraphrasing what the person has said to indicate that you are listening and understand. Ask questions to learn more, and periodically summarize.

• Who you are and what your role is.
• What you are doing (or are unable to do), and what they should do.
• Where they can obtain needed resources.
• When they can expect further action, and any deadlines they need to be aware of.
• Why certain actions are necessary.
• How to obtain assistance, and what specific steps they need to take.

The first step in ensuring access to information is to take a broad view of both the information and the audience.

• Printed materials—booklets, handouts, forms, and other items.
• Signs at public events, Disaster Recovery Centers, and other facilities.
• Audio or spoken information, including:
  • In-person and telephone communication.
  • Radio broadcasts.
  • Public address system announcements.
  • Oral presentations at public meetings.
• Visual displays, such as slide presentations or information booths.
• Online information.
• Mixed media, such as television broadcasts.

This part of the lesson will provide some simple strategies for making information accessible for people who:

• Have limited English proficiency.
• Are blind or have a visual impairment.
• Are deaf or have a hearing impairment.
• Cannot comprehend complex materials.

• Number and proportion of LEP persons in the eligible population.
• Frequency of LEP persons’ contact with the program.
• Nature and importance of the program, activity, or service (disaster and emergency preparedness should always be a priority focus for language access efforts).
• Available resources.

Select this link to access Executive Order 13166.

• Recovery Times and other materials produced in multiple languages.
• Interpreters and multilingual staff to communicate with individuals whose English is limited.
• Translators to help field offices produce materials in other languages.
• Multilingual media interviews.
• FEMA Web resources in many different languages.

As an individual, how can you build upon those efforts?

• Find out about the community: Learn what languages are spoken, their prevalence, and the locations of any ethnic concentrations so that you can be prepared.
• I Speak cards: Always have I Speak cards on hand to help non-English-speaking individuals identify their language so that an interpreter can be provided.

Select this link to access I Speak cards.

• Interpreters: Whenever possible, speak to the person in their own language. If you are not multilingual, arrange for an interpreter to help you communicate.
• Language assistance by phone: Obtain language assistance by calling the FEMA Hotline. Select this link for information on language assistance available through the Hotline.
• Translation: Have printed materials translated into multiple languages, according to community demographics.
• Community partnerships: Develop relationships with community organizations that may be able to identify information needs of their constituencies, provide interpreters, and assist with translation.

TIP: Consider providing language assistance even when you think an individual’s English is “probably good enough.” It is easy to overestimate a person’s English language skills, particularly if he or she seems to understand you.

Listen to or read the FEMA staff member’s story. After the story, a question will follow concerning how she can protect the disaster survivor’s civil rights.

“Our community relations team was working with local residents, informing people of available programs and explaining registration procedures. We went into an area that was primarily Chinese, and we thought we were pretty well prepared, armed with fliers in Mandarin and an interpreter who spoke several Chinese dialects.

Everything was going fine until we came across a small neighborhood where we couldn’t communicate at all. The people seemed to speak an Asian language, but they appeared confused by the fliers and they didn’t understand any of the dialects spoken by the interpreter.”

• Alternate formats for print materials: Have printed information produced in alternate formats, such as large print and audio recordings.
• High-contrast signs: When creating signs for events, facilities, or other purposes, use high-contrast colors and large lettering.
• Readers: Provide personnel who can serve as readers. For example, if visual aids will be used in a presentation at a public meeting, someone could sit with a visually impaired participant and read or describe the information on the visuals.
• Accessible online media: Ensure that electronic information will be usable by a person without sight by complying with accessibility standards. 

• Sign language interpreters: A sign language interpreter should be provided at all public meetings, press conferences, and other events where information will be presented orally. Interpreters are also needed at facilities such as Disaster Recovery Centers and shelters.
• Printed transcripts or talking points: When giving a public presentation, provide copies of transcripts or talking points that can be given to hearing-impaired members of the audience.
• Closed captioning: Ensure that public service announcements for television, educational videos, and similar audio materials are closed captioned.
• Accessible online media: Ensure that electronic information will be usable by a person without hearing—for example, by including transcripts of any audio elements.

• Simplicity: Create short, simple communication scripts, and have them repeated frequently.
• Visual devices: Use picture boards, easily recognizable symbols, color coding, or other visual devices to present or enhance information.
• Partnership: Work with advocacy groups (for example, a community organization that works with senior citizens or people with developmental disabilities) to distribute audience-appropriate information.

• Partner with the media: Consider partnering with media outlets (private television/radio stations and print media, ethnic and foreign language media) to deliver important information to non-English speakers in the community.
• Partner with organizations: Distribute information packets to local organizations that work with special populations such as disability advocacy groups, senior centers, ethnic organizations, neighborhood groups, and faith-based organizations.
• Reach into neighborhoods: Post information in gathering places such as places of worship, ethnic shopping centers, public buildings, and neighborhood recreation centers that are frequented by large numbers of people.

• Events, such as public meetings.
• Distribution points for food, water, and other supplies.
• Disaster Recovery Centers.
• Shelters.
• Transportation equipment for evacuation.
• Temporary housing.

Be sure to consider the needs of:

• People with physical disabilities who use assistive equipment such as wheelchairs, scooters, crutches, or walkers.
• Individuals with communication and sensory (visual, hearing, speech) disabilities.
• Persons who are elderly or frail or who have other conditions that limit their mobility or stamina.
• People who use specialized equipment such as oxygen tanks or dialysis equipment, or who have a service animal.

• Are parking areas free of gravel, ruts, mud, steep grades, curbstones, stairs, or other obstructions?
• Are there well-marked, close-by handicapped parking spaces?
• Are the building approach and entrance accessible by wheelchair (including a ramp if necessary)?
• Do parking areas, approaches, and entrances need special attention during particular types of weather to maintain accessibility? (For instance, during icy or snowy conditions, such areas may need plowing, shoveling, salting, and/or sanding.)

• Can applicant assistance areas, waiting areas, and walkways accommodate wheelchairs and other assistive devices?
• Can persons with disabilities sit down rather than standing in line for extended periods?
• Are there accessible counters and tables?
• Are restrooms accessible and well marked?
• Are there provisions to help persons with visual impairments navigate the facility (e.g., personal assistance)?
• If an event or service area will be located on an upper floor, is there a working elevator?

• Are there provisions for individuals with low visual acuity, such as the following:
  • Braille signs where feasible (e.g., restroom and elevator signs)?
  • Signs with large, high-contrast print?
  • Good lighting?
• Does the communications system accommodate assistive technology for the deaf?
• Can registration telephones be reached by someone in a wheelchair?

• Inclusion: Being consciously inclusive of all groups and all individuals.
• Integration: Ensuring that programs, services, and activities are provided in an integrated setting.
• Fair funding: Making fair decisions related to grants, hiring, and contracting.

Examples of questions that should be addressed during initial planning include:

• Are emergency notification procedures designed to reach those with sensory impairments and persons with limited English proficiency?
• Do evacuation plans accommodate the needs of persons with physical disabilities, the elderly, and those with limited transportation options?
• Are mass care facilities prepared to accommodate individuals, taking into consideration their physical, mental, or cognitive limitations and cultural beliefs and values?
• Is temporary housing equally convenient for minority and majority populations and accessible by public transportation?

• Groups within the community, their size, and location.
• Central meeting points within different areas of the community.
• Transportation resources that serve the various areas.

Knowing this information makes it easier to identify sites that are conveniently located for the groups you have identified.

• Is the venue centrally located?
• Is it within a reasonable distance for all groups, including minorities, ethnic populations, elder housing, and special needs populations?
• Can the location be reached easily by public transportation?

• Notifying community organizations such as minority, ethnic, disability, and other advocacy groups of grant opportunities.
• Advertising hiring and contracting opportunities to minority populations.
• Avoiding unfair contracting practices such as noncompetitive pricing or unreasonable qualification requirements.
• Avoiding unfair hiring practices such as requiring unnecessary experience and excessive bonding.

If you suspect that your supervisor is involved in the violation, you should contact your servicing Equal Rights Advisor (ERAD). You can contact your ERAD with a question at any time.

If an ERAD is not available, call the HQ Office of Equal Rights at (202) 646-3535.

If an issue arises (even if it does not result in an official complaint), it is important to consider whether something in your behavior might have led to the perception of unfair treatment and, if so, how you can improve that perception in the future.

• I avoid generalizing about people based on the group(s) they represent.
• I regularly assess my attitudes, assumptions, biases, stereotypes, and behavior and consciously try to improve.
• I treat every individual with courtesy and respect regardless of their appearance, manner, characteristics, or background.
• I try to understand the situation and empathize with the feelings of the people I interact with.
• When interacting with the public, I try to give thorough explanations that will enable them to make informed decisions.
• When working in the field, I seek to learn the local demographics so that I will be better prepared to meet the needs of the entire community.
• I am aware of strategies I can use to ensure that limited-English-proficient individuals can access information related to my program area.
• I am aware of strategies I can use to ensure that individuals with hearing, visual, or cognitive disabilities can access information related to my program area.
• I understand the importance of ensuring that facilities used for disaster-related programs and activities are accessible by individuals with disabilities.
• I am alert to the possibility of programmatic decisions having unintended consequences that could be (or appear to be) unfair to segments of the population.
• I proactively seek to be inclusive of all segments of the population in the programmatic decisions I am responsible for.
• I examine my decisions and actions to ensure they are made impartially and fairly.
• I know how to recognize discrimination when it occurs and know what to do if I encounter it.

• Caring about the people we serve.
• Being proactive in identifying potential barriers and preventing or resolving them.
• Seeking to uphold standards of fairness and equality.

Job Aids include sources of civil rights information and resources, FEMA’s civil rights and disability policies, and checklists for protecting civil rights and sources of additional civil rights resources.

I Speak Cards can be used to help people identify their language so that interpretive assistance can be obtained.

• Explain how interactions relate to protecting civil rights.
• Identify strategies for protecting civil rights by:
  • Ensuring access to information.
  • Removing physical barriers.
  • Making fair and equitable decisions.