administrative protections

1. Administrative
Protections

2. Objectives for
Week 2
 Differentiate Civil Rights from Civil Liberties
 Define Administrative Law
 Differentiate Administrative law from Civil/Criminal
Law
 Statutory Protections and rights
 TitleVII
 Title IX
 HIPAA
 Privacy Act
 Fair Housing Act
 Freedom of Information Act
 Whistleblower Protection Act

3. Watch this
video first
Here is the link:
https://www.youtub
e.com/watch?v=WI0
1oMUM0Ek

4. What is
Administrative
Law?
 Administrative law involves laws and legal principles
governing the administration and regulation of government
agencies (both Federal and State).
 Agencies are delegated power by Congress (or in the case of
a state agency, the state legislature), to act as agencies
responsible for carrying out certain prerogative of the
Congress.
 Administrative agencies derive their powers by way of the
U.S. Constitution, Article I, Section 8, known as the
“Necessary and Proper Clause,” which grants Congress
power to make all laws necessary to carry out the powers
specified in the Constitution.

5. What is
Administrative
Law?
 Government agencies work on a broad variety of
issues, but can generally be classified as:
 Developmental
 Promoting social welfare
 Regulating economic activities
 Protecting health and safety
 (Mashaw, Merrill, & Shane, 1998)

6. What is
Administrative
Law?
 What are some examples of these types of government
agencies?
 Developmental
 Department of Education, Housing and Urban
Development
 Promoting social welfare
 Department of Health and Human Services; Social
Security Administration
 Regulating economic activities
 Securities and Exchange Commission; Department
of theTreasury
 Protecting health and safety
 Homeland Security; Department of the Army

7. What is
Administrative
Law?
 SocialWorkers must be aware of what type of agency
(federal, state, local or private) they are working with
as well as understand the overlap that often occurs
within them
 For example, a state agency may provide a social
service but it may be mostly funded by a federal grant,
which means they will have to meet Federal
government requisites and follow their rules in order to
provide the service
 Agencies are responsible for creating and establishing
their own governing policies and procedures.
 Regulations or rules are the laws that govern how an
agency acts, what it is able to do, and how it resolves
problems

8. What is
Administrative
Law?
 When a client is denied benefits, access or an otherwise
available service, agencies normally conduct what is
called an impartial review or fair hearing
 These reviews and hearings fall under the
Constitutional protections afforded by the Due Process
Clause of the U.S. Constitution

9. What are some
differences/
similarities
between
administrative
hearings and
judicial (civil or
criminal) ones?
 Administrative hearings are not conducted in a judicial
setting or a courtroom within the legal system
 Administrative hearings do not result with a deprivation of
liberty (i.e., nobody goes to jail/prison)
 Administrative hearings may or may not grant a right to an
attorney to represent you
 Both require Procedural Due Process to be determine to be
fair and impartial
 Admin hearings will include an often limited right to appeal
a decision as opposed to various levels of appeals as in the
judicial system

10. What are some
differences/
similarities
between
administrative
hearings and
judicial (civil or
criminal) ones?
 A case may begin as an administrative matter but then
crossover and be pursued as a civil matter in court
 If that happens, parties become plaintiff (suer) and a
respondent (suee)
 A judge or an appellate panel of judges may decide the
outcome
 The decision of the court trumps the administrative decision

11. Here is a
crossover
example
 In response to an 80% drop in raisin prices during the Great
Depression,Congress passed the Agricultural Marketing
Agreement Act of 1937, which allowed the Department of
Agriculture to issue marketing orders. In this example of
administrative law in action, the U.S. Department of Agriculture
(“USDA”) promptly issued an order to raisin farmers requiring
them to withhold a portion of their annual harvests from the
market, which would result in higher prices.
 The USDA gave the RaisinAdministrative Committee the
authority to determine amount of raisins that would be held in
reserve by the government, and the amount that could be sold on
the open market.The committee was composed of raisin industry
members appointed by the Secretary ofAgriculture.The
Committee reserved more than 30% of all of the raisins grown in
the U.S., selling them on non-competitive markets, for such
purposes as rewarding foreign governments, or increasing U.S.
exports. If there are raisins left after these sales, the Committee
can give them back to growers who agree to cut back their
production the following year.

12. Here is a
crossover
example
 Marvin Horne, a California raisin grower, did not agree with giving his
raisins to the committee. In order to get around the fact that the
Committee collects their raisin quota from distributors, rather than
from the farmers, Horne restructured his farming operations to act as
both grower and distributor. He then claimed that the reserve
requirements set by law did not apply to him.The Committee sent its
trucks to Horne’s farm anyway, but he refused to let them onto his
property. Horne was fined the value of the raisins, plus a fine, which
amounted to nearly $700,000.
 Horne responded by filing a federal lawsuit against the Commission,
claiming that the raisin reserve violated theTakings Clause of the Fifth
Amendment to the U.S. Constitution, which states: ” … nor shall
private property be taken for public use, without just compensation.”
 The District Court judge did not agree with Horne, and granted a
summary judgment (a decision) in favor of the USDA. Horne appealed
the decision, but the Ninth Circuit Appellate Court affirmed the lower
court’s decision, though it stated that the Circuit Court had no
authority to hear the case as it was a question of constitutionality.

13. Here is a
crossover
example
 Horne took his case to the U.S. Supreme Court.The Court ruled
that the raisin reserve requirement amounted to taking, as
provided by the Fifth Amendment, as the government physically
seized the growers’ raisins.As a result of the ruling, Horne was
due just compensation for his raisins, which is the market value of
the raisins at the time they were, or would have been, seized. In
this case, the Committee had already determined the value of the
raisins when it fined Horne.
 Want to know more? Listen here:This California Raisin Grower
Just Got His Day InThe Sun

14. Due Process
Clause of the
5th and 14th
Amendments
 WATCH this video on Due Process

15. Due Process
Clause of the
5th and 14th
Amendments
 5th Amendment states that no one shall be "deprived of
life, liberty or property without due process of law“ at
the Federal level of government.
 The 14th Amendment adds the same protections to U.S.
citizens at the state level
 Both clauses carry with them a promised assurance
that all levels of American government must operate
within the law ("legally") and provide fair procedures to
all citizens

16. Requirements
of Due Process
for impartiality
 An unbiased tribunal (neutral party reviewer)
 Notice of the proposed action and the grounds for the review
 A chance to present reasons why the proposed action should
not be taken
 The right to present evidence, including the right to call
witnesses
 The right to know opposing evidence
 The right to question adverse witnesses
 A decision based exclusively on the evidence presented
 Opportunity to be represented by counsel
 Requirement that the tribunal prepare a record of the
evidence presented
 Requirement that the tribunal prepare written findings of fact
and reasons for its decision.

17. What are some
protections granted by
law?
TitleVII of the Civil
Rights Act of 1964
Title IX of the
Education
Amendments of
1972
HIPAA
Privacy Act
TX Public
Information Act
Freedom of
Information Act
Whistleblower Act

18. TitleVII of the
Civil RightsAct
of 1964
 TitleVII of the Civil Rights Act of 1964 prohibits
employers from discriminating against employees on
the basis of sex, race, color, national origin and religion
(also known as protected classes).
 It generally applies to employers with 15 or more
employees, including federal, state and local
governments.
 TitleVII also applies to private and public colleges and
universities, employment agencies, and labor
organizations.

19. TitleVII of the
Civil RightsAct
of 1964
 TitleVII forbids discrimination in any aspect of
employment, including
 Hiring and firing
 Compensation, assignment or classification of
employees
 Transfer, promotion, layoff or recall
 Job advertisements
 Recruitment
 Testing
 Use of company facilities
 Training and apprenticeship programs
 Fringe benefits
 Pay, retirement plans and disability leave
 Other terms and conditions of employment

20. TitleVII of the
Civil RightsAct
of 1964
Disparate
Treatment
Exists when similarly
situated individuals are
treated differently
because of their
membership in a
protected class.
Adverse
Impact
Exists when a facially
neutral employment
policy/practice
disproportionately
impacts members of a
protected class.

21. TitleVII of the
Civil RightsAct
of 1964 –
Disparate
Treatment
 Complainant must initially establish a case by showing
that:
o He/she is a member of a protected class.
o He/she suffered some adverse action.
o A similarly situated individual outside of his/her class
was treated more favorably.
 The burden of proof is on the employer to articulate a
legitimate, non-discriminatory reason for taking the action
 Intent to discriminate is proven by three types of
evidence: direct, circumstantial (comparative), and
statistical.

22. TitleVII of the
Civil RightsAct
of 1964 –
Adverse
Impact
 The burden shifts to the agency to provide a business
justification for the challenged policy/practice.
 After management meets its burden, the complainant may
prevail by providing an alternative practice that would
accomplish the same business objective with a less
adverse impact on the protected class.
 Discriminatory motive is not required.
 Examples of policies that may adversely impact some
groups: Educational requirements, tests, height and
weight requirements, subjective standards for hiring,
promotions, and assignments.

23. TitleVII of the
Civil RightsAct
of 1964
TitleVII has been interpreted to prohibit sexual harassment:
•Harassment on the basis of sex that has the purpose or
effect of substantially interfering with a person’s work
performance or creating an intimidating, hostile, or offensive
work environment
•Employers have an affirmative duty to maintain
workplaces free of sexual harassment and intimidation

24. Title IX of the
Education
Amendments
of 1972
 Title IX of the Education Amendments of 1972 protects
people from discrimination based on sex in education
programs or activities that receive Federal financial
assistance.
 Title IX states that:
No person in the United States shall, on the basis of sex,
be excluded from participation in, be denied the benefits
of, or be subjected to discrimination under any education
program or activity receiving Federal financial assistance.
 The U.S. Department of Education’s Office forCivil
Rights (OCR) enforcesTitle IX.

25. Title IX of the
Education
Amendments
of 1972
 Title IX applies to schools that receive federal financial
assistance from the U.S. Department of Education,
including state and local educational agencies.
 These agencies include local school districts, colleges
and universities, as well as charter schools, for-profit
schools, libraries, and museums.Also included are
vocational rehabilitation agencies and education
agencies of 50 states, the District of Columbia, and
territories and possessions of the United States.

26. Title IX of the
Education
Amendments
of 1972
 Title IX protection extends to recruitment, admissions,
and counseling; financial assistance; athletics; sex-
based harassment; treatment of pregnant and
parenting students; discipline; single-sex education;
and employment.
 Also, an educational entity may not retaliate against
any person for opposing an unlawful educational
practice or policy, or made charges, testified or
participated in any complaint action underTitle IX.

28. Health
Information
Portability and
Accountability
Act
(HIPAA)
 Enacted in 1996
 Title I of HIPAA provides continuation and portability of
health insurance coverage which allows employees the
ability to continue their health care benefits when they
are no longer employed.
 Title II: include Administrative Simplification provisions
which govern the privacy, security, and electronic
transfer of health care information.

29. Health
Information
Portability and
Accountability
Act
(HIPAA)
 Covered entities and those who engage in covered
transactions must follow HIPAA
 Clinicians or organizations who engage in electronic
billing or who check eligibility for insurance coverage
using a computer and web based system will fall under
the definition of a “covered entity”
 A covered transaction is any computer-to-computer
transmission of healthcare claims, payment and
remittance, benefit information, or health plan
eligibility information.

30. Health
Information
Portability and
Accountability
Act
(HIPAA)
 HIPAA requires practitioners to have policies in place
that detail sanctions for those who do not comply with
privacy policies and procedures.
 Furthermore, HIPAA requires that one must establish a
process for both clients and employees (if any) to make
complaints regarding policies and procedures. One
may not intimidate, threaten, coerce, discriminate or
retaliate against any client or employee making a
complaint.

31. Health
Information
Portability and
Accountability
Act
(HIPAA)
 While HHS receives the complaint, the Office of Civil
Rights (OCR) is the agency (which is under HHS) that
investigates the complaint.This task was likely to have
been assigned to OCR because they already had an
investigative function and staff.

32. PrivacyAct of
1974
 The Privacy Act of 1974 establishes a code of fair
information practices that governs the collection,
maintenance, use, and dissemination of information
about individuals that is maintained in systems of
records by federal agencies.
 A system of records is a group of records under the
control of an agency from which information is
retrieved by the name of the individual or by some
identifier assigned to the individual.

33. PrivacyAct of
1974
 The Privacy Act prohibits the disclosure of a record
about an individual from a system of records without
the written consent of the individual (unless the
disclosure falls under on of twelve exceptions)
 The Privacy Act also provides individuals the ability to
have access to and amendment of their records, and
provides guidelines for appropriate record-keeping

34. Freedom of
Information
Act of
 What is FOIA?
 Who can make a FOIA request?
 What information is exempted from FOIA?

35. Texas Public
Information
Act
 The Texas Public Information Act is a series of laws
designed to guarantee that the public has access to
public records of government bodies.
 The law covers nearly all documents that are in the
possession of government agencies in the state that
are covered by the law.
 Section 552.002 says that information is public if it "is
collected, assembled, or maintained under a law or
ordinance or in connection with the transaction of
official business" by a governmental body or for a
governmental body, and the governmental body owns
the information or has a right of access to it.
 Any person, not just citizens ofTexas, can request
public information.

36. Fair Housing
Act of
 The Fair HousingAct prohibits discrimination by direct
providers of housing, such as landlords and real estate
companies as well as other entities, such as
municipalities, banks or other lending institutions and
homeowners insurance companies whose
discriminatory practices make housing unavailable to
persons because of race or color, religion, sex, national
origin, familial status, or disability.

37. Whistleblower
ProtectionAct
 TheWhistleblower Protection Act provides protection
against workplace retaliation, which means that an
employer cannot take an adverse action against
workers, such as:
 Firing or laying off
 Blacklisting
 Demoting
 Denying overtime or promotion
 Disciplining
 Denial of benefits
 Failure to hire or rehire
 Intimidation/harassment
 Making threats
 Reassignment affecting prospects for promotion
 Reducing pay or hours

38. References
 Office of Civil Rights (2018).Title IX and Sex
Discrimination. Retrieved from:
https://www2.ed.gov/about/offices/list/ocr/docs/tix_dis
.html
 TitleVII. https://www.aauw.org/what-we-do/legal-
resources/know-your-rights-at-work/title-vii/
 Title IX. https://www.knowyourix.org/college-
resources/title-ix/
 FOIA. https://www.foia.gov/about.html
 Whistleblower Act. https://www.whistleblowers.gov/