Office Of Civil Rights Research Articles

Introduction to the JAOCS oleogels virtual issue: Past and present

Journal of the American Oil Chemists' SocietyVolume 100, Issue 2 p. 93-93 Editorial Introduction to the JAOCS oleogels virtual issue: Past and present James A. Kenar, Corresponding Author James A. Kenar Editor-in-Chief (2016–2021) [email protected] U.S. Department of Agriculture, Agricultural Research Service, National Center for Agricultural Utilization Research, Functional Food Research Unit, Peoria, Illinois, USA Correspondence James A. Kenar, USDA/ARS/NCAUR, 1815 N. University St., Peoria, IL 61604, USA. Email: [email protected] Silvana Martini, Department of Nutrition, Dietetics and Food Sciences, Utah State University, 750 North 1200 East 8700 Old Main Hill, Logan, UT 84322-8700, USA. Email: [email protected]Search for more papers by this authorSilvana Martini, Corresponding Author Silvana Martini Editor-in-Chief [email protected] Department of Nutrition, Dietetics and Food Sciences, Utah State University, Logan, Utah, USA Correspondence James A. Kenar, USDA/ARS/NCAUR, 1815 N. University St., Peoria, IL 61604, USA. Email: [email protected] Silvana Martini, Department of Nutrition, Dietetics and Food Sciences, Utah State University, 750 North 1200 East 8700 Old Main Hill, Logan, UT 84322-8700, USA. Email: [email protected]Search for more papers by this author James A. Kenar, Corresponding Author James A. Kenar Editor-in-Chief (2016–2021) [email protected] U.S. Department of Agriculture, Agricultural Research Service, National Center for Agricultural Utilization Research, Functional Food Research Unit, Peoria, Illinois, USA Correspondence James A. Kenar, USDA/ARS/NCAUR, 1815 N. University St., Peoria, IL 61604, USA. Email: [email protected] Silvana Martini, Department of Nutrition, Dietetics and Food Sciences, Utah State University, 750 North 1200 East 8700 Old Main Hill, Logan, UT 84322-8700, USA. Email: [email protected]Search for more papers by this authorSilvana Martini, Corresponding Author Silvana Martini Editor-in-Chief [email protected] Department of Nutrition, Dietetics and Food Sciences, Utah State University, Logan, Utah, USA Correspondence James A. Kenar, USDA/ARS/NCAUR, 1815 N. University St., Peoria, IL 61604, USA. Email: [email protected] Silvana Martini, Department of Nutrition, Dietetics and Food Sciences, Utah State University, 750 North 1200 East 8700 Old Main Hill, Logan, UT 84322-8700, USA. Email: [email protected]Search for more papers by this author First published: 23 January 2023 https://doi.org/10.1002/aocs.12653 The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance program (not all prohibited bases apply to all programs). Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, DC 20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer. Read the full textAboutPDF ToolsRequest permissionExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL Share a linkShare onFacebookTwitterLinkedInRedditWechat No abstract is available for this article. Volume100, Issue2February 2023Pages 93-93 This article also appears in:JAOCS Virtual Issue: Oleogels, Past and Present RelatedInformation

The changing landscape of fundamental alteration determinations

Section 504 of the Rehabilitation Act and the Americans with Disabilities Act both exclude from otherwise required accommodations those that would fundamentally alter a course or program. Both courts and the Office for Civil Rights defer to academic judgments of universities that deny a requested accommodation as a fundamental alteration — provided universities engage in an academic process to make that determination. Two major court decisions, Wynne v. Tufts, 976 F.2d 791 (1st Cir. 1992) and Guckenberger v. Boston University, 8 F.Supp.2d 82 (D. Mass. 1998), established the framework for fundamental alteration determinations.

Exploratory Descriptive Analysis of Smart Speaker Utilization in the Emergency Department During the COVID-19 Pandemic

BackgroundIn March 2020, the U.S. Department of Health and Human Services Office for Civil Rights stated that they would use discretion when enforcing the Health Insurance Portability and Accountability Act regarding remote communication technologies that promoted telehealth delivery during the COVID-19 pandemic. This was in an effort to protect patients, clinicians, and staff. More recently, smart speakers—voice-activated, hands-free devices—are being proposed as productivity tools within hospitals. ObjectiveWe aimed to characterize the novel use of smart speakers in the emergency department (ED). MethodsA retrospective observational study of Amazon Echo Show® utilization from May 2020 to October 2020 in a large academic Northeast health system ED. Voice commands and queries were classified as either patient care–related or non-patient care–related, and then further subcategorized to explore the content of given commands. ResultsOf 1232 commands analyzed, 200 (16.23%) were determined to be patient care–related. Of these commands, 155 (77.5%) were clinical in nature (i.e., “drop in on triage”) and 23 (11.5%) were environment-enhancing commands (i.e., “play calming sounds”). Among non-patient care–related commands, 644 (62.4%) were for entertainment. Among all commands, 804 (65.3%) were during night-shift hours, which was statistically significant (p < 0.001). ConclusionsSmart speakers showed notable engagement, primarily being used for patient communication and entertainment. Future studies should examine content of patient care conversations using these devices, effects on frontline staff wellbeing, productivity, patient satisfaction, and even explore opportunities for “smart” hospital rooms.

Is the employment of school resource officers in high schools associated with Black girls’ discipline outcomes?

ABSTRACT In recent years, the media has highlighted the disrespectful and sometimes violent manner in which SROs respond to Black girls’ behaviors. Few studies question how SROs in schools might influence traditional school discipline outcomes such as suspensions for a double minoritized group (race and gender) such as Black girls. Leaning on the Black feminist framework of Intersectionality and QuantCrit and using the most recent data from the Office of Civil Rights (2017–2018) the present study examined if there was an association between a SRO’s employment in a school and Black girls’ risk of receiving an in-school or out-of-school suspension. The findings indicate that for Black girls, their exposure to an SRO was greatest at urban schools and schools with a racially/ethnically diverse student demographic, and the presence of an SRO was associated with an increase in out-of-school and in-school suspensions for Black girls.

Heed OCR's guidance to prevent discrimination related to pregnancy

Following a general uptick in complaints of pregnancy‐related discrimination submitted to the Office for Civil Rights, a new resource clarifies the legal responsibilities of colleges and universities in this area. The recently published document provides guidance for avoiding discrimination involving pregnancy and related conditions under Title IX (bit.ly/3TsbJHm).

Part 2 update: NPRM raises many concerns

Last week, the Department of Health and Human Services (HHS) released its plan for revamping 42 CFR Part 2, the confidentiality regulation protecting alcohol and drug use treatment records (see “HHS issues NPRM on 42 CFR Part 2,” ADAW, Dec. 5; https://onlinelibrary.wiley.com/doi/full/10.1002/adaw.33628). The HHS Office for Civil Rights (OCR) and the Substance Abuse and Mental Health Services Administration issued the Notice of Proposed Rulemaking (NPRM) officially last week; we covered it based on the draft. There were no significant changes between the draft and the final. Both significantly weaken privacy protections.

HHS issues NPRM on 42 CFR Part 2

It's not only the Substance Abuse and Mental Health Services Administration (SAMHSA) anymore that has jurisdiction over 42 CFR Part 2 — the confidentiality regulation protecting treatment information for substance use disorder (SUD) patients. It's the Office for Civil Rights (OCR) at the Department of Health and Human Services (HHS), SAMHSA's parent agency, that is in charge.

Heed OCR's guidance to prevent discrimination related to pregnancy

Following a general uptick in complaints of pregnancy‐related discrimination submitted to the Office for Civil Rights, a new resource clarifies the legal responsibilities of colleges and universities in this area. The recently published document provides guidance for avoiding discrimination involving pregnancy and related conditions under Title IX (bit.ly/3TsbJHm).

K–12 Civil Rights Complaints: A Nationwide Analysis

Very little is known about the complaint investigation process in the Office for Civil Rights, despite its scope and reach. We examine key parameters (number and types of complaints received, types of resolutions, average time of resolution) of civil rights complaints nationwide over a 20-year period (1999–2019). We find that 10%–40% of all districts receive at least one discrimination-related complaint each year. We also find that complaints are filed at significantly higher rates in large districts and districts with a high percentage of Black students, even after controlling for other structural factors, such as average socioeconomic status and locale.

Post-Pandemic Telehealth: An Unhealthy Privacy Prescription

The COVID-19 pandemic catapulted the use of telehealth services across the United States (US). In response to the public health emergency, the Office for Civil Rights (OCR) at the US Department for Health and Human Services (HHS) issued a notice relaxing privacy and security safeguards outlined in the Health Insurance Portability and Accountability Act (HIPAA). During the past two years, several novel legal issues have arisen due to these lenient standards. The US government has not adequately considered standardizing rules for remote telehealth consultations and regulating the flow of sensitive patient data in a post-COVID world. This article addresses key legal issues associated with telehealth services while recommending national standards to mitigate physician liability while prioritizing patient care.

Googling Patients

Googling Patients

OCR annual report outlines key activities

For a review of the Office for Civil Rights’ key actions and interests over the past year, review the agency's annual report, Safeguarding Students’ Civil Rights, Promoting Educational Excellence.

Mexican-American Moderates and the Shaping of Federal Education Policy: The Case of the May 25, 1970 Memorandum

During the past several decades, historians have investigated various aspects of the Chicano movement. In most of these studies, the important role that moderate liberal activists have played in promoting significant social change during the same period has been slighted. By moderate liberal activists, I mean those who depended on the federal government to help solve the problems facing the Mexican-American community, trusted mainstream institutions and political leaders to eliminate discrimination, and, most importantly, rejected the politics of protest. Little is known about these individuals. Who were these men and women, and how did they contribute to the struggle for social justice and educational equality?&#x0D; The following study examines the role that some moderate liberal educators played in promoting school reform during the height of the Chicano movement. It focuses on the drafting of the May 25, 1970 memorandum and the role played by Mexican Americans in shaping its development. This memorandum was the first major policy developed by the Office for Civil Rights to deal with the issue of discrimination against linguistically distinct children in the public schools. It clarified the Department of Health, Education, and Welfare’s (HEW) position on the responsibility of local school districts to “provide equal educational opportunity to national origin minority group children deficient in English language skills.” I argue that while Mexican- American moderates did not play a direct role in the formulation of this policy due to their exclusion from federal agencies prior to the 1960s, they did play a crucial role in its enforcement. Their involvement in the implementation of the memorandum was the origins of meaningful Mexican-American participation in the shaping of educational policies at the national level.

Analysis of Insider Threats in the Healthcare Industry: A Text Mining Approach

To address rapidly growing data breach incidents effectively, healthcare providers need to identify various insider and outsider threats, analyze the vulnerabilities of their internal security systems, and develop more appropriate data security measures against the threats. While there have been studies on trends of data breach incidents, there is a lack of research on the analysis of descriptive contents posted on the data breach reporting website of the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR). Hence, this study develops a novel approach to the analysis of descriptive data breach information with the use of text mining and visualization. Insider threats, vulnerabilities, breach incidents, impacts, and responses to the breaches are analyzed for three data breach types.

OCR reiterates that process is key to resolving accommodations requests

The Office for Civil Rights’ widely publicized June 14 Salt Lake Community College determination letter and resolution agreement resolving Section 504 and Title IX complaints arising from a pregnant student's request for severe morning sickness accommodations drives home the importance of process in Section 504 compliance, erecting burdensome obstacles to fundamental alteration determinations.

Current Topics in Health Care Law

Current Topics in Health Care Law

OCR reiterates that process is key to resolving accommodation requests

An earlier column explored the importance of process in Section 504 compliance (see https://bit.ly/3zDZ3WG). The Office for Civil Rights’ widely publicized June 14 Salt Lake Community College determination letter and resolution agreement resolving Section 504 and Title IX complaints arising from a pregnant student's request for severe morning sickness accommodations drives home that point, erecting burdensome obstacles to fundamental alteration determinations.

Use interactive process to determine if accommodations for long COVID create fundamental alterations

Although the worst of the COVID‐19 pandemic appears to be over, its impact on higher education administrators will continue through the effects of long COVID‐19 and through continued fear of illness. Recent guidance from the Office for Civil Rights and the Department of Justice (bit.ly/3IPSbYh) notes that long COVID, an occasional consequence of even mild COVID infections, can be a disability if it substantially limits a major life activity, and therefore can be expected to trigger requests for academic adjustments and reasonable accommodations. The guidance notes that common symptoms associated with long COVID include, but are not limited to, fatigue; difficulty thinking or concentrating, sometimes referred to as brain fog; depression; anxiety; and heart palpitations, all of which may directly interfere with the ability to think and learn.

Use interactive process to determine if accommodations for Long COVID create fundamental alterations

Although the worst of the COVID pandemic appears to be over, its impact on disability services providers will continue through the effects of Long COVID and through continued fear of illness. Recent guidance from the Office for Civil Rights and the Department of Justice (https://bit.ly/3IPSbYh, which I previously discussed here: February 2022, https://bit.ly/3IPSbYh) notes that Long COVID, an occasional consequence of even mild COVID infections, can be a disability if it substantially limits a major life activity, and therefore can be expected to trigger requests for academic adjustments and reasonable accommodations. The guidance notes that common symptoms associated with Long COVID include but are not limited to fatigue; difficulty thinking or concentrating, sometimes referred to as brain fog; depression; anxiety; and heart palpitations, all of which may directly interfere with the ability to think and learn.

Consider emerging law and policy issues on Long COVID and disability

As the extent of Long COVID becomes evident, strategies to address it are needed. The Coelho Center for Disability Law, Policy, and Innovation at Loyola Marymount University's Loyola Law School sponsored a webinar titled “‘Long COVID’ and Disability: A Panel on Emerging Law and Policy Issues.” Assistant Secretary of Labor for Disability Employment Policy Taryn Williams and Director for the Office of Civil Rights in the Department of Health and Human Services Lisa Pino shared perspectives on what their agencies are doing to address Long COVID.