Oregon Health Authority
Chapter 943
Division 5
INDIVIDUAL RIGHTS
943-005-0060
Authority Contractors and Subcontractors
(1) Authority contractors and subcontractors shall:
(a) Comply with all applicable state and federal statutes and rules.
(b) Designate an individual to serve as the Authority contact for tracking and compliance purposes.
(c) Establish non-discrimination and reasonable modifications policies similar to those described in these rules.
(d) Establish written processes for documenting and resolving reports of discrimination, harassment, and requests for reasonable modification.
(e) Provide a copy of their non-discrimination policies and processes to OEI upon request.
(f) Maintain records related to reports of alleged discrimination and harassment substantially similar to the data collection requirements established by these rules and provide them to the Authority upon request.
(g) Retain these records for at least three years.
(2) Authority contractors or subcontractors with 15 or more employees shall designate at least one person to coordinate its efforts to adopt grievance procedures.
(3) The name and contact information of the coordinator shall be communicated to individuals requesting information, or applying for or receiving the benefit of programs, services, or activities in handbooks and other general information materials, including but not limited to appropriate websites and publications.
(4) Contractor and subcontractor grievance procedures shall:
(a) Incorporate appropriate due process standards.
(b) Provide for the prompt and equitable resolution of complaints alleging discrimination or harassment based on protected class.
(5) Authority contractors and subcontractors shall provide timely and meaningful notice to individuals about the:
(a) Contractor’s or subcontractor’s non-discrimination policies and processes;
(b) Individual’s right to file a complaint with the Authority, U.S. Department of Justice (USDOJ), U.S. Department of Health and Human Services Office of Civil Rights (OCR), and the Oregon Bureau of Labor and Industries (BOLI); and
(c) Applicable timelines for reporting complaints of discrimination and harassment with the Authority, USDOJ, OCR and BOLI.
(6) Authority contractors and subcontractors shall include the information required by this rule in handbooks and other general information materials including but not limited to appropriate websites and publications provided to individuals requesting information, or applying for or receiving the benefit of programs, services, or activities.
(7) If the Authority receives a report of discrimination or harassment involving the conduct of an Authority contractor or subcontractor:
(a) The Authority shall inform the Authority contractor or subcontractor of the report.
(b) The Authority contractor or subcontractor shall:
(A) Cooperate with the Authority’s investigative process;
(B) Take prompt and appropriate action consistent with this rule, Authority contracts, and all applicable Authority administrative rules, policies and processes.
(8) Authority contractors who violate these rules may be subject to action including, but not limited to requests to cure, implementation of compliance work plans, contract amendments, or termination and non-renewal of contract.
Statutory/Other Authority: ORS 413.042
Statutes/Other Implemented: ORS 413.042
History:
OHA 3-2014, f. 9-10-14, cert. ef. 1-1-15