Part 303 - PROHIBITIONS AGAINST DISCRIMINATION

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Statutory Authority: 
Constitution, Art. XVII, Section 2; Social Services Law, SectionSection 17, 20, 34; L. 1971, ch. 110, Section 83

Section 303.1 - Social services district policy.

Section 303.1 Social services district policy. (a) No social services district or official shall establish or apply any policy or practice which would have the effect of discriminating against an individual because of race, color, national origin, age, sex, religion or handicap. This prohibition shall apply to all aid, care, services, benefits or privileges provided directly, or indirectly by other agencies, organizations or institutions participating under contractual or other arrangements.

(b) In the provision of public assistance, child welfare services, other care and services, no social services district or any member of its staff shall, on the basis of race, color, national origin, age, sex, religion or handicap:

(1) deny an individual any aid, care, services, other benefits or privileges provided by the district;

(2) provide any aid, care, services, other benefits or privileges to an individual which are different, or are provided in a different manner, from that provided to others;

(3) subject an individual to segregation or separate treatment in any matter related to his receipt of any aid, care, services, other benefits or privileges;

(4) restrict an individual in any way in the enjoyment of any advantage or privilege enjoyed by others receiving any aid, care, services, other benefits or privileges;

(5) treat an individual differently from others in determining whether he satisfies any eligibility or other requirement or condition which individuals must meet in order to receive any aid, care, services, other benefits or privileges;

(6) deny any individual an opportunity to participate in a program through the provision of services or otherwise or afford him an opportunity to do so which is different from that afforded others under the program (including the opportunity to participate in the program as an employee where the primary objective of the program is to provide employment, including a program under which the employment is provided to reduce unemployment);

(7) make distinction in relation to use of physical facilities, intake and application procedures, caseload assignments, determination of the amount and type of aid, care, services and other benefits under the program and use thereof.

(c) No social services district or official shall establish any employment policy or practice which would have the effect of discriminating against an individual because of race, color, national origin, age, sex, religion or handicap.

 

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Section 303.2 - Utilization of other organizations.

303.2 Utilization of other organizations. No social services district shall utilize, purchase or otherwise obtain assistance, care or services from any organization, institution or facility which discriminates on the basis of race, color, national origin, age, sex, religion or handicap, as set forth in section 303.1 of this Part or otherwise, nor shall it participate in any program that so discriminates.

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Section 303.3 - Participants in community work and training programs.

303.3 Participants in community work and training programs. In the operation of community work and training programs and in its participation in any program under the Economic Opportunity Act, no social services district shall permit any discrimination on the basis of race, color, national origin, age, sex, religion or handicap, in the selection of participants for the program, assignment or reassignment to projects, promotions, demotions, rates and form of compensation, separate use of facilities or other treatment of participants.

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Section 303.4 - Volunteers and other nonemployees of social services districts.

303.4 Volunteers and other nonemployees of social services districts. No social services district shall permit discrimination on the basis of race, color, national origin, age, sex, religion or handicap, in any program of public assistance, care or service by a nonemployee, such as a volunteer, consultant, observer, trainee, participant in an institute or member of an advisory group.

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Section 303.5 - Compliance with Civil Rights Act of 1964 (as amended in 1972)

303.5 Compliance with Civil Rights Act of 1964 (as amended in 1972) and Rehabilitation Act of 1973. Applicants for or recipients of public assistance and care may not be placed in or referred to a public, private nonprofit or private proprietary facility which discriminates on the basis of race, color, national origin, age, sex, religion or handicap contrary to the requirements of titles VI and VII of the Civil Rights Act of 1964, the Rehabilitation Act of 1973, or violates either section 40 of the Civil Rights Law of the State of New York or section 296 of the Executive Law of the State of New York, nor may services be provided which would be supportive of such facility or vendor payments made thereto.

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Section 303.6 - Protection of recipients from unlawful discrimination.

303.6 Protection of recipients from unlawful discrimination. (a) When a social services official or any member of his staff reports instances of discrimination against a recipient of public assistance and care based on age and employment, or race, color, national origin, age, sex, religion or handicap in the fields of employment, housing or public accommodation, which comes to his attention, he shall use the prescribed form.

(b) There shall be displayed in each local social services department and in each of its branch offices an informational poster of the State Commission for Human Rights. Staff of each local department shall be informed of their responsibilities to report instances of discrimination to the Commission for Human Rights.

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Section 303.7 - Persons with AIDS or infected with HIV.

303.7 Persons with AIDS or infected with HIV. For purposes of this Part, the term handicap includes being diagnosed as having AIDS, testing positive for HIV infection, or being perceived as susceptible to AIDS or HIV infection. Such persons must be protected from discrimination in accordance with all applicable provisions of this Part.

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