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OKDHS Home > Library > Policy > OAC 340 > Chapter 1. Function and Structure of the Department > 11. Civil Rights and Nondiscrimation on Basis of Race, Color, National Origin, Sex, Age, Religion or Disability > 12. Complaint policy and procedures
340:1-11-12. Complaint policy and procedures
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Revised 5-11-01


(a) Any persons who believe they, or any specific class of persons, have been subjected to discrimination in a Department program subject to Title VI, Title VII, ADA, or Section 504 may make a complaint of discrimination in person, by representation, by telephone, or by written communications.   • 1  

The complainant has a right to file a complaint of the alleged discriminatory action(s) with the Department, FNS, or with DHHS-OCR.    • 2

(b) For Food Stamp Program or service delivery complaints see OAC 340:1-11-20.
(c) The complainant has the right to file an employment complaint of alleged discriminatory action(s) with any or all of the entities listed in (1) - (4) of this subsection.  The complainant may file with:

  • (1) the Department of Human Services; if the complaint is filed directly with the Department, either the State Office or any local county office, or facility, representatives of that office or facility explain both the federal and state complaint systems and advise the complainant of his or her right to file in either, or both, systems;
  • (2) the Human Rights Commission within 180 days;
  • (3) the Equal Employment Opportunity Commission within 300 days; or
  • (4) the Oklahoma Merit Protection Commission within 20 calendar days of the discriminatory action.

(d) The time for filing may be extended by the responsible OCR official.
(e) Any person who expresses an interest in filing a complaint may do so without fear of retaliation, intimidation, coercion, or threats.
(f) No person is adversely affected because they made a complaint, testified, assisted, or participated in any manner in an investigation, review, proceeding, or hearing under this policy.
(g) The Department must conduct a prompt and thorough investigation of the complaint.  The OCR, administrator determines whether or not discrimination did in fact occur.  If discrimination occurred, the Department takes all necessary action to correct the discriminatory practice(s).  The complainant is advised, in a timely fashion, of the findings of the Department regarding his or her complaint and advised of the right to appeal to DHHS-OCR, FNS, or the Director if not satisfied with the Department's decision.  Records are maintained which show the nature of the complaint, the details of the investigation, and the actions taken by the Department.
(h) In those cases where the complaint is filed initially with DHHS-OCR, that office may proceed to investigate the complaint utilizing its own resources, or it may request the Department to conduct the investigation.  In either instance, the identity of complainants is kept confidential, except to the extent necessary for the conduct of any investigation, hearing, or judicial proceeding.

INSTRUCTIONS TO STAFF 340:1-11-12

  1. If a person makes an allegation in person or through a telephone conversation and refuses or is not inclined to put such allegations in writing, the person who receives the allegation must put the components of the complaint in writing.  Every effort is made to have the complainant provide:

    • (1) name, address, and telephone number or other means of contacting the complainant;
    • (2) the specific location and name of the entity delivering the benefits;
    • (3) the nature of the incident(s) or action(s) that made the complainant feel that discrimination was a factor and an example of the treatment, which is having a disparate effect on the public, applicants, or participants;
    • (4) the basis on which the complainant feels he or she was discriminated against;
    • (5) the names, titles, and business addresses of persons who may have knowledge of the discriminatory action(s); and
    • (6) the date which the alleged discriminatory action(s) occurred, or if continuing, the duration of such action.

  1. The use of any form to file a written complaint is not a prerequisite for the acceptance of any complaint.  However, the complainant is encouraged to complete Form OCR-001  (.pdf, 1pp, 150 KB), (new Form 14CR001E) Discrimination Complaint Form, Client or Vendor; or Form P-19 (.pdf, 1 pp, 131 KB), (new Form 14CR019E)  Discrimination Complaint Form - Employee.
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Last Updated:  9/9/2011
Oklahoma Department of Human Services
Street address: Sequoyah Memorial Office Building, 2400 N. Lincoln Blvd., Oklahoma City, OK 73105
Mailing address: P.O. Box 25352, Oklahoma City, OK 73125
(405) 521-3646
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