Civil Rights Reporter Journal of the Texas Workforce Commission Civil Rights Division Bryan Snoddy - Division Director Equal Employment & Fair Housing 02 ISSUE JANUARY 2021 Texas Workforce Commisson Commissioners Bryan Daniel - Chairman and Commissioner Representing the Public Julian Alvarez - Commissioner Representing Labor Aaron Demerson - Commissioner Representing Employers Mission Statement The mission of the Civil Rights Division is to reduce discrimination in employment and housing through education and enforcement. Vision The vision of the Civil Rights Division is to help create an environment in which the people of the State of Texas may pursue and enjoy the benefits of employment and housing that are free from discrimination. Avoid Eviction and Foreclosure Options for Texans Financially Impacted by COVID-19 By: Ellena Rodriguez, OCR Manager The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) provides a mortgage payment forbearance option for all Texas borrowers who, either directly or indirectly, suffer a financial hardship due to the novel coronavirus (COVID-19) national emergency. Resources for Texas borrowers with loans insured or guaranteed by the Federal Housing Administration (FHA), the Department of Veteran Affairs (VA), or USDA/Rural Housing Service (RHS) are eligible for CARES Act Mortgage Payment Forbearance. Texans who are struggling financially because of COVID-19 should call their mortgage servicer –the company or bank to which they make their monthly mortgage payments. Texas borrowers needing assistance must engage (email/text messages/ fax/teleconferencing/websites/web-portal, etc.) with their mortgage provider to obtain an initial COVID-19 forbearance on or before February 28, 2021. A forbearance is a temporary postponement or reduction of mortgage payments. It is not a payment forgiveness. Under the CARES Act, Texas borrowers are entitled to an initial forbearance or deferral period of up to 180 days, upon a borrower’s request. A Texas borrower can, at any time, shorten the forbearance and resume repayment of the loan. Your repayment option will vary based on which type of loan you have: Federal Housing Administration (FHA) Mortgages - FHA does not require lump sum repayment at the end of the forbearance. FHA has developed the COVID-19 Standalone Partial Claim to assist with repayment. If you were current or less than 30 days delinquent as of March 1, 2020, you may be entitled to this option. A
Transcript
Civil Rights ReporterJournal of the Texas Workforce Commission Civil Rights Division
Bryan Snoddy - Division Director
Equal Employment& Fair Housing
02I S S U E
JANUARY2021
Texas Workforce Commisson CommissionersBryan Daniel - Chairman and Commissioner Representing the PublicJulian Alvarez - Commissioner Representing LaborAaron Demerson - Commissioner Representing Employers
Mission StatementThe mission of the Civil Rights
Division is to reduce discriminationin employment and housing through
education and enforcement.
VisionThe vision of the Civil Rights Division is to help create anenvironment in which the people of the State of Texasmay pursue and enjoy the benefits of employment and housing that are free from discrimination.
Avoid Eviction and ForeclosureOptions for Texans Financially Impacted by COVID-19By: Ellena Rodriguez, OCR Manager
The Coronavirus Aid, Relief, andEconomic Security Act (CARESAct) provides a mortgage paymentforbearance option for all Texasborrowers who, either directly orindirectly, suffer a financial hardshipdue to the novel coronavirus(COVID-19) national emergency.
Resources for Texas borrowers with loans insured orguaranteed by the Federal Housing Administration(FHA), the Department of Veteran Affairs (VA), orUSDA/Rural Housing Service (RHS) are eligible forCARES Act Mortgage Payment Forbearance.
Texans who are struggling financially because ofCOVID-19 should call their mortgage servicer –thecompany or bank to which they make their monthlymortgage payments. Texas borrowers needingassistance must engage (email/text messages/fax/teleconferencing/websites/web-portal, etc.)
with their mortgage provider to obtain an initial COVID-19 forbearance on or before February 28,2021. A forbearance is a temporary postponement or reduction of mortgage payments. It is not a payment forgiveness.
Under the CARES Act, Texas borrowers are entitledto an initial forbearance or deferral period of up to 180days, upon a borrower’s request. A Texas borrowercan, at any time, shorten the forbearance and resumerepayment of the loan.
Your repayment option will vary based on whichtype of loan you have:
Federal Housing Administration (FHA) Mortgages -FHA does not require lump sum repayment at the endof the forbearance. FHA has developed the COVID-19Standalone Partial Claim to assist with repayment. Ifyou were current or less than 30 days delinquent asof March 1, 2020, you may be entitled to this option. A
partial claim is a zero interest, nofee, junior lien on your property thatwill become payable when you sellyour home, pay off your mortgageor your mortgage otherwiseterminates. If you do not qualify forthe COVID-19 Standalone PartialClaim, FHA offers other tools to helpyou repay the missed paymentsover time. For more information onFederal Housing AdministrationMortgages: email
answers@hud.
gov, call 1-800-CALL-FHA (1-800-225-5342), or visit www.hud.gov.
Veterans Affairs (VA) Mortgages– Servicers of VA loans cannotrequire borrowers to make a lumpsum payment immediately aftera borrower exits a CARES Actforbearance. VA has a suite ofloss mitigation options that canassist veteran borrowers who mustrepay amounts that were subjectto a forbearance. In addition, VA iscontinuing to evaluate other optionsto further assist borrowers affectedby COVID-19. For additionalinformation, please visit VA’swebsite at
VA Home Loans , whereyou can find a list of frequentlyasked CARES Act questions. Inaddition, you may call (877) 827-3702 to contact a VA Regional LoanCenter.
USDA/Rural Housing Service(RHS) Guaranteed LoanMortgages - RHS does notrequire a lump sum payment at theend of the forbearance. Lendersshould work with the borrowersto determine if they can resume
making regular payments and,if so, either offer an affordablerepayment plan or term extensionto defer any missed payments tothe end of the loan. If the borroweris unable to resume makingregular payments, the lendershould evaluate the borrower forall available loss mitigation optionsoutlined in Handbook-1-3555. Formore information on servicingRural Housing Guaranteed LoanMortgages, email
sfhglpservicing@
usda.gov. For all other general inquiries on policy, email [email protected] or visit ourwebsite at
www.rd.usda.gov/
programs-services/single-family-housing-guaranteed-loan-program.Visit USDA Rural Development’scoronavirus website for more
information on forbearance forUSDA guaranteed loans.
ALL homeowner’s (including thosewith FHA, VA and USDA loans)can use the Consumer FinancialProtections Bureau’s (CFPB)
“Find a Counselor” tool to findcounseling agencies approved bythe Department of Housing andUrban Development (HUD) inyour area. Online counseling isavailable. Texans may also call the
HOPE Hotline, open 24 hours a day,7 days a week, at (888) 995-HOPE(4673). For more finance-relatedinformation visit CFPB’s
coronavirus
website for mortgage relief options, tips to keep up on your finances, and more.
What if I don’t have agovernment-backed loan?CFPB’s website has informationand links on mortgage relief optionsthat can help you determine if otherrelief is available (for example, ifyour loan is owned by Fannie Maeor Freddie Mac).
Renters
Roughly 6 million Texans, about onein five, rent their homes. The mostimportant source of information isyour rental agreement, whether itis written or oral. Many state andfederal laws are in place to ensurethat rental housing residents andproperty owners are treated fairly.Recognizing that COVID-19 mayhave impacted renters acrossthe state, the
Texas Apartment Association (TAA) offers resourcesfor Renters (
English, Spanish)
and a list of local organizationsthat may provide short-term rentalassistance, eviction relief, homelessshelters and services.
Everyone who lives in the GreatState of Texas is protected fromdiscrimination in housing be itselling, renting, financing or lending,appraising, and insuring housing.Fair housing means you may freelychoose a place to call home withoutregard to your race, color, nationalorigin, religion, sex, disability orfamilial status.
If you believe you may have beendiscriminated against while tryingto buy, finance or rent a home or apartment in Texas, we encourageyou to contact us.
Please click the link to learn, How-submit-housing-discrimination-complaint. Texans may submita housing discrimination throughthe
Housing Discrimination Inquiry Form online portal. Remember, youmust submit your complaint withinone year (365 calendar days) fromthe date of the discrimination.
For more information or to schedulea Fair Housing presentation ortraining, we’d love to hear from you.Drop us a line at (512) 463-2642or better yet send us an email at:
[FORM] DECLARATION UNDER PENALTY OF PERJURY FOR THE CENTERS FOR DISEASE CONTROL AND PREVENTION’S TEMPORARY HALT IN EVICTIONS TO PREVENT FURTHER SPREAD OF COVID-19
HELP for RENTERS
Texas Apartment Association (TAA)
Housing Crisis Center (Dallasbased)
Texas Tenants’ Union (Dallasbased)
Texas Rio Grande Legal Aid (Southwest Texas)
LoneStar Legal Aid (Houston based)
Legal Aid of Northwest Texas (northern and western Texas)
A portion of the work that provided the basis for this publication was supported by funding undera Cooperative Agreement with the U.S. Department of Housing and Urban Development. The
substance and finding of the work are dedicated to the public. The author and publisher aresolely responsible for the accuracy of the statements and interpretations contained in this
publication. Such interpretations do no necessarily reflect the views of the Government.
www.texasworkforce.org
By: Bryan Snoddy, Civil Rights Division DirectorDirector’s Corner
Page 4January 2021
The Necessity of InnovationOver the past year and half, youmay have heard from CRD staff orme about the necessity of changeand the power of innovation. Haveyou ever stopped to consider why Ifocus so intently upon change andinnovation? If you have ever felt thatit would just be easier to do nothing
or as little as possible, allow me to let you in on a littlesecret. It is Not.
The necessity of change can be described in a shortrecap from a lecture I heard some time ago. First, it wasnoted that nothing in life is stagnant. Heraclitus, a Greekphilosopher, has been quoted as saying “change is theonly constant in life.” Consider how the Grand Canyonwas formed or the sprouting growth and return of plantsto the earth. Nature provides a helpful visual reminderthat change is inevitable. More germane to our presentcircumstance, the speaker stated, “There are two typesof businesses. There is the stagecoach business andthe train business, and if you want to stay in business,you had better always be in the latter.”
Now, obviously, the speaker didn’t literally meantrains were the only way to move, but he was usingthe historical transition of modes of transportationto describe how quickly a way of life or work couldbecome irrelevant. More fundamentally, the speakerwas describing a mindset of adaptation necessary toremain relevant today and into the future.
Today, we enjoy the transition from paper documents,U.S. mail (for many) and land-line voice telephones(for most of the planet) to ubiquitous interactive videoconferencing, expansive use of DocuSign and smart
forms, and the reimagining what the office of the futurewill be. We have even begun to use artificial intelligencein our TWC Chat Box to more rapidly answer questionsthan it would be possible for even double or triple thenumber of TWC employees to handle.
This is a brave new world. Next, we should anticipaterapidly approaching the day that we will routinelywork alongside machines and robots throughaugmented reality.
Fortunately, we should not be afraid in terms of losingour jobs or human contact as no computer is everlikely to replace or replicate our ability and innateunderstanding of feeling, our ability to quantify andqualify the intangible or our capacity to innovate. Sure,this does mean that our work will become less routine– after all, our best work is not dedicated to replicatingmachines, but what lies in front of us is an opportunityto change and to adapt in ways that make our livesmore meaningful. In the near future, we can and shouldexpect changes in what is our work, how we work andwhere we work. It will even change how we work witheach other and how we enhance our skills. But changein the future is nothing to fear – while the failure toinnovate will be.We can’t stay inthe stagecoachbusiness ifwish to remainrelevant andresponsive toan expandingand an excitingnew day. Photo courtesy of Getty Images
This is the basic premise behinda recent case I was assignedto work as a Texas WorkforceCommission Civil Rights DivisionHousing Investigator. Its soundspreposterous, but I believe we willhear it more and more in theseunique times. People are ditching
their large houses for even larger expanses andsmaller accommodations. To be more specific, theage of RVs and trailer driven tiny homes is among us.People will drive to an area they think is interesting,find a sign that says, “RV Park” and pull in withminimal thought to the rules being thrust upon them.Welcome to the privately-owned Recreational Vehicle(RV) Park.
I found that there is a thread of parks open to thepublic that hide under the guise of private propertysigns. The business model operates as a privateproperty owner that rents out storage space to RVsand does not accommodate mobile homes or hardstructure buildings, so they believe they are exemptfrom Federal Housing Administration (FHA) rules.Problems arise when the RV owners begin to residelong term in the affordably priced econoboxes.The term we like to use for these entry-level dreamcontainers is “dwelling.”
Let me expand. Dwelling means any building,structure, or portion thereof which is occupied as, ordesigned or intended for occupancy as, a residenceby one or more families, and any vacant land whichis offered for sale or lease for the construction orlocation thereon of any such building, structureor portion thereof per 42 U.S. Code § 3602(b).
Furthermore, I would like to draw attention to 42 U.S.Code §3602(e) which defines the term “to Rent” as: tolease, to sublease, to let and otherwise to grant for aconsideration the right to occupy premises not ownedby the occupant. These parks attempt to argue thatthey do not offer dwellings, and are not subject to thesame terms as homes, trailer parks, etc. The thingis, they do. I deduced They are vacant land whichis offered for lease for the location thereon of anystructure or portion thereof which is occupied asa residence.
RV parks that offer water, electricity, septicconnections and more create an environment thatattracts and maintains a pool of customers who canbe sustained for an indefinite period. Some parks willeven arrange automatic bank drafts to pay for the“parking and storage” rental fees. Now when haveyou ever set up an automatic draft for a one-timepurchase? Heck, they even offer discounts for doingso. Sounds like incentivizing long-term stays to me.The lease agreements, policies and rules are cleverlyworded to reflect their status as a “park and store” typefacility. The truth of the matter is their customers seetheir tiny rented spot as their new residence. As such,they should be protected by FHA and TX Codes andmonitored for abusive and overly restrictive rulesand regulations.
So, if you get told, “no kids and no pets” because theywant to maintain a certain type of environment for theirguest, you should reply with, “No problem,” and callthe Texas Workforce Commission Civil Rights Division.We will work diligently to correct their policies, traintheir staff and direct their owners down a moreinclusive and civil path.
Hot Topics
Page 6Civil Rights Reporter
Hot Topics
January 2021
Civil Rights Division Continues to Serve TexasBy: Ellena Rodriguez, OCR Manager and Jeffrey Riddle, Trainer
The Civil Rights Division wants youto know that we are continuing towork diligently in the enforcementof Texas’s employment non-discrimination laws during thispublic health crisis. The CivilRights Division (CRD) closedits physical offices to the publicand implemented division-wideexpanded telework. Currently,our work continues remotely toreceive and investigate complaintsof discrimination and our efforts toeducate Texans about their role andresponsibilities continues.
Our process to file a complaint hasnot changed due to the current
pandemic. No one from El Pasoor Midland has to travel to Austinto make their complaint. To beginthe process of filing a chargeof discrimination, employeesand applicants are encouragedto download the
Employment
Discrimination Complaint Form (pdf), complete it, and return it to [email protected]. Afterthis, one of our intake specialistswill schedule an intake appointmentby telephone. When you submitan employment discriminationcomplaint with the CRD, it isautomatically submitted with theEqual Employment OpportunityCommission (EEOC), our federal
partner, through a work shareagreement. You do not need tosubmit with both CRD and theEEOC.
The CRD has a robust outreachand education program in place toreach the people of Texas about thelaws we enforce. While in-persongroup training and conferences areon hold because of the coronaviruspandemic, the CRD continuesto provide information throughour website, social media, TWC
YouTube channel, the Civil Rights Reporter, and the kick-off of our inaugural virtual event series introducing the CRD staff andhelping all Texans understand whatwe do and how we help them whenthey face discrimination.
Education is a win-win for allTexans! The CRD’s OutreachTeam provides a wide variety oftraining programs to help employersunderstand, prevent, and correctdiscrimination in the workplace. Ifyou have specific questions, pleasecontact the Outreach Team at e-mail
No matter the future, we want youto know that we will be here foryou. Thank you from all of us at theCRD for your patience and supportduring these turbulent times. We willcontinue to give you our best andwish you well in this new year.
Our Hair, Our Crown… But Sometimes Not HereBy:Marci Y. Anavitarte-Jordan
African American hairstyles havebeen an ongoing debate recentlyin the news. From a young man inthe Houston area not being ableto participate in his high schoolgraduation ceremony unless hecut his dreadlocks, to an AfricanAmerican female anchor being firedbecause the news director did notfeel her short natural hairstyle wasprofessional enough, to actressGabrielle Union allegedly being fired from “America’s Got Talent”in 2019 because she was told herbraids were ”too Black,” and the listcontinues on. These cases are notunique but an ongoing trend to abigger issue of discrimination basedon someone’s hair.
As recent as 2018, the SupremeCourt refused to hear a casebrought by the Equal EmploymentOpportunity Commission (EEOC)against Catastrophe ManagementSystems regarding this veryissue. Chasity Jones, an AfricanAmerican woman, was interviewedand was offered a position withCatastrophe Management Systemson the condition that she cut herdreadlocks. Chasity Jones refused,and the job offer was rescinded.
The crux of the matter is thathairstyles such as braids, dreadlock,afros, passion twist, bandu knots,tightly coiled hair, and otherprotestive styles that are mainlyexclusive to people of Africandescent should not be a reason
to deny a person a job and beconsidered discriminatory.
Because of no clear guidancefrom the courts, in December2019, United States Senator CoryBooker and Rep. Cedric Richmondintroduced the Create a Respectfuland Open World for Natural Hair(CROWN) Act. This would make aperson being denied a job or beingrequired to change their hairstyle tokeep their job discrimination basedon race or national origin. As of thisdate, seven states have passedThe CROWN Act on their own, and23 other states have introducedlegislation. In Texas, our Civil RightsDivision has worked with Rep. RonReynolds to introduce House Bill(HB) 38 and Sen. Boris Miles to
introduce Senate Bill (SB) 77 for thenext legislative session in January2021. The bills, if passed, wouldmake it illegal for an employer,labor union, employment agencyto adopt or enforce a dress orgrooming policy that discriminatesagainst a hair texture or protectivehairstyle commonly or historicallyassociated with race. In other words,an employer cannot deny, disqualify,or terminate your employment basedon your hairstyle.
In the year 2020, one’s hair styleshould not be a disqualification ordiscussion regarding the individual’sability to perform a job.
Currently, I have Locs but subject tochange because this is my crown!
Photo courtesy of Getty Images
Page 8Civil Rights Reporter
CRD TrainingCRD Training
January 2021
The Civil Rights Division Goes Virtual
In this new age created by theCoronavirus, the Civil RightsDivision (CRD) has been workingon different avenues to provideinformation to the public. Today,social distancing, remote work,and wearing shorts with a businesstop are things that define the newnormal. With those changes (minusthe shorts), we have had to updatethe way we provide outreach toyou, the people of Texas. Gone arethe days of attending conferences,networking in Workforce Solutionscenters, and travelling across thisgreat state to interact with our fellowTexans. Instead, we embraced newplatforms to connect with peopleas most everyone has. A yearago, no one connected daily likewe do today. Daily, we use videoconferencing and meeting apps toconnect both professionally andsocially with friends and family.We embraced these new waysand hosted our first event to reachTexans from all over the state at onetime.
What started as an early conceptto hold a town hall event, in whichwe would provide informationand resources related to COVID,became something more. Werealized that first, we needed tofocus on letting Texans knowwho we are and what it is wedo for them. Many who sufferdiscrimination do so in silence and
By CRD Outreach
do not know there is somewherethey can turn for help. The CivilRights Division takes complaintsand provides training concerningdiscrimination and violations in bothemployment and in housing. If youhave been turned away from a jobbecause you were “too old” or toldyou would not fit in well with thatneighborhood because it was notfor “your kind of people,” you havefaced discrimination. This is whatwe needed to get out to the public,so we changed our first virtual eventto meet this need.
Our Event
In our first ever live event, DirectorBryan Snoddy opened with themission and vision of the divisionand what you can expect from usin the future. He highlighted thatthe people on staff delivered thesame, if not more, services workingremotely throughout 2020 withapproximately 1,000 employmentcases investigated and resolved,roughly 300 Fair Housing mattersinvestigated and resolved, areduction in investigation length byup to 50%, and a reduction in thebacklog by 25%.
Housing Manager Patrick Williamsprovided a review of federal andTexas Fair Housing laws, thehousing complaint process, andCOVID-19 resources for housing
providers, consumers and otherstakeholders. Employment ManagerJames Fowler talked to theemployment complaint process,provided extensive technicalassistance and resources, andexplained how to reduce litigationloopholes and maintain compliancewith state and federal laws. Weclosed with Outreach, Compliance& Resolutions Manager EllenaRodriguez who shared the team’scommitment to providing trainingand outreach to employers,employees, housing providers,housing consumers, and otherstakeholders.
We believe that discrimination canbe averted if everyone knows theirrights and responsibilities. Forthose that were not able to attendthe event, do not fret, you can viewthe video on the Texas WorkforceCommission’s YouTube page
Civil Rights Division Live Event.
Much of the Civil Rights Division’ssuccess has been due tothe enduring dedication andcommitment of staff, guidance of ourfederal partners, support of TexasWorkforce Commission (TWC)leadership and people like you.You have shaped and supportedprogram innovation, strengthenedour ties to the greater community,and laid a strong foundation forthe Civil Rights Division’s future.
With the experience of our firstevent under our belt and buckle,we want to continue to inform youof our different areas, objectives,and what we do for you. Everycouple of months we will introducedifferent people and aspects ofthe division so all Texans, whetheryou are an employee, employer,landlord, property manager, oranyone who rents or buys a home,can understand what discriminationis and what you can do to help usensure everyone is treated withdignity and respect. We, of the CivilRights division, look forward tointroducing ourselves to you.
Thank y’all for joining us on this newadventure and we look forward tointeracting with you in this new year.
The TWC’s Civil Rights Divisionis continuing its “What We Dofor Texans” virtual event serieson February 11, 2021. The CivilRights Division has existed in itscurrent form since 2015 and servesTexans by reducing discriminationin employment and housing througheducation and enforcement of stateand federal laws. Everyone deservesto live and work without fear ofharassment and discrimination. Thislive event is free for all audiences.
www.texasworkforce.org Copies of this publication (01/2021) have been distributed in compliance with theState Depository Law, and are available for public use through the Texas State Publication
Depository Program at the Texas State Library and other state depository libraries.
For more information or to subscribe to this newsletter, please visit: [email protected] Opportunity Employer/ Program Auxiliary aids and services are available upon request to individuals with disabilities.
