Civil Rights Training For USDA Programs 1 Civil

Civil Rights Training For USDA Programs 1

Civil Rights and USDA Programs Civil Rights are the non-political rights of a citizen and are guaranteed by the 13 th and 14 th Amendments of the U. S. Constitution and Acts of Congress. Organizations that accept financial assistance from the USDA Food and Nutrition Service must be in compliance with Federal civil rights laws, regulations, instructions, and guidance. Organizations that receive such assistance must demonstrate civil rights compliance. This includes the annual training requirement. 2

Goals of Civil Rights Training • Equal treatment for all applicants and beneficiaries. • Provide knowledge of rights and responsibilities. • Elimination of illegal barriers that prevent or deter people from receiving benefits. • Promote dignity and respect for everyone. • All volunteers and program staff who work with program participants must receive annual training. • Methods include formal presentation, staff meeting, online, or one-on-one review of material. 3

Annual Training • Civil Rights training is required by USDA. • In order to be in compliance with Civil Rights laws and regulations, all staff and volunteers must have annual civil rights training. • Training must be documented. • Common ways to document training are: • Meeting agendas that include “Civil Rights Training”. • Participation/Completion certificates for attendees. • Sign-In sheets that show who attended the training. 4

Components of Civil Rights Training • Collection and use of data. • Effective Public Notification Systems. • Complaint Procedures. • Compliance Reviews. • Resolution of Non-Compliance. • Reasonable Accommodation of people with disabilities. • Language Assistance for Limited English Proficiency (LEP) applicants • Conflict Resolution. • Customer Service. 5

Civil Rights Laws and Protected Classes 6

Examples of Types of Discrimination There are three types of discrimination to be aware of when protecting Civil Rights. 1. Disparate treatment (Intentional). 2. Disparate impact (Unintentional). 3. Reprisal/Retaliation. 7

Types of Discrimination Definitions • Disparate Treatment - A person is intentionally discriminated against as a member of a protected class. • Disparate Impact – Actions that appear neutral but have an excessive impact on a protected class group. • Reprisal/Retaliation – Negative treatment of a member of a protected class in response to previous civil rights activity. This includes actions against their family and/or their associates. 8

Types of Discrimination Disparate Treatment (Intentional) This type of discrimination occurs when people make plans or rules that will intentionally treat some groups different than others based on race, color, national origin, age, sex, or disability. Example Members of one religious group are denied service because their beliefs do not match the religious teachings of the organization that is distributing food. 9

Types of Discrimination Disparate Impact (Unintentional) This type of discrimination occurs when an program makes a decision that unfairly affects protected classes in a way that results in receiving less. Example A program manager asks individuals with Limited English Proficiency to wait for food/services because interpreters are not available until late afternoon. This creates a situation where food may be unavailable to a specific group. 10

Types of Discrimination Reprisal/Retaliation This type of discrimination occurs when a person or organization purposely acts so that specific individuals or groups are denied the same opportunities or benefits as other participants in response to a person’s actions, comments, or behaviors. Examples Family and friends of a program participant are mistreated after a civil rights complaint was filed against the program. 11

Eligibility Requirements Are Not a Form of Discrimination Congress can establish a program that is intended for certain groups of people, and it is not discrimination to exclude those who do not meet eligibility requirements. Example Congress can set age limits, and this is not considered age discrimination for those who do not meet the age limits. 12

Collection and Use of Data • All data collected must be kept secure and confidential. • Program regulations require annual reporting of racial and ethnic data. • Participants may self-declare racial/ethnic data. • If a participant refuses to provide data they are to be advised that the information will be collected based on observation. • Outreach efforts can be targeted to groups not adequately represented in program participation. • Maintain all records for three years plus current year. 13

Public Notification • Public notification is a part of Civil Rights compliance. • Some, but not all, programs use an annual “Statewide Media Release”. • Discrimination based on race, color, national origin, age, sex, and disability is prohibited. • Outreach efforts to underserved populations that may be eligible for services should convey the message of equal opportunity using a variety of media sources. 14

Public Notification Page 2 • Information should be provided in different formats and languages. • All materials, including websites, must contain the USDA nondiscrimination statement. • Convey the message of equal opportunity through diverse photos and graphics in program-related information. 15

Non-Discrimination Statement • The “USDA Non-Discrimination Statement” must be included on all materials that mention USDA programs. • Font size can be no smaller than the smallest font and must be readable. • There is a full/standard and short version of the “USDA Non-discrimination statement. ” 16

USDA Non-Discrimination Statement Full/Standard Version • In accordance with Federal law and U. S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, disability, and reprisal or retaliation for prior civil rights activity. (Not all prohibited bases apply to all programs. ) • Persons with disabilities who require alternative means of communication for program information (e. g. , Braille, large print, audiotape, American Sign Language, etc. ) should contact the responsible State or local Agency that administers the program or USDA’s Target Center at (202) 720 -2600 (voice and TTY) or contact USDA through the Federal relay Service at (800) 877 -8339. Additionally, program information is available in languages other than English. • To file a complaint alleging discrimination, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at Link to http: //www. ascr. usda. gov/complaint_filing_cust. html, or at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632 -9992. Submit your completed form or letter to USDA by: mail: U. S. Department of Agriculture Office of the Assistant Secretary for Civil rights 1400 Independence Avenue, SW Washington, DC. 20250 -9410 fax: (202) 690 -7442 or email: program. intake@usda. gov. This institution is an equal opportunity provider. 17

Non-Discrimination Statement Short Version • The “short version” of the non-discrimination statement is, “This institution is an equal opportunity provider. ” • It can be used for brief brochures, buttons, posters, etc. • It must be in font size no smaller than the font size being used in a publication. • It may not be used on clients’ rights documents that require their signature. Remember: The full/standard non-discrimination statement is always used wherever possible. 18

“And Justice for All” Poster • Prominently display the “And Justice For All” poster where participants can see it. • This poster serves as a trademark indicating the site provides a USDA program without discrimination based on race, color, national origin, age, sex, or disability. • The poster may be downloaded and printed from the FNS CR website Link to USDA "And Justice for All" Non-Discrimination Poster http: //www. fns. usda. gov/cr/justice. htm. • The proper size for the “And Justice For All” poster is 11” x 14”. 19

Compliance Reviews • The State and Federal governments are required to conduct reviews to determine compliance with civil rights laws, regulations and requirements. • There a variety of reviews that are part of the regular monitoring for USDA Food Programs. • Cooperation with State and Federal reviewers is required as a condition of receiving Federal financial assistance. 20

Resolution of Noncompliance • Corrective Actions may be assigned as a result of the review process. • Agencies/Sponsors are required to cease inappropriate actions and institute appropriate procedures. • Failure to comply can result in the loss of financial assistance from all Federal sources. 21

Reasonable Accommodation of People With Disabilities • Handicap Accessible Facilities: This should include the parking lot, entrances, exits, hallways, elevators, restrooms, and braille signage. • Assistance available for people with disabilities. • Alternative arrangements available for service. • Sign language interpreters. • Service animals must be permitted to enter facilities. 22

Language Assistance • Language-Based Outreach is important. • The Agency/Sponsor is required to provide services to individuals with Limited English Proficiency (LEP) in order to gain meaningful access to services. • Potential “National Origin” discrimination. • Service must be provided, but there is some flexibility on methods used. • Volunteers may be used as interpreters and must maintain participant confidentiality. Children should not be used as interpreters. • Visit Link to Limited English Proficiency Website http: //www. lep. gov/ for more information. 23

Conflict Resolution • Develop a written and posted policy for dealing with unacceptable behavior and conflicts. • Try to remain calm. • Listen to participant’s concerns. • Try to explain situation. • Get help, especially with threats or violence. • Use alternative dispute resolution (ADR) techniques. 24

Customer Service “Treat others the way they want to be treated (or at least know what that is). ” • Treat everyone with dignity and respect and make people feel welcomed. • Make sure that participants receive equal treatment and service. • Do not do special favors for anyone that you are not prepared to provide for everyone. 25

Customer Service Page 2 • Stay positive • Explain policies and rules. • Do not treat people differently based on race, color, national origin, age, sex, or disability. • Do not impose policies that unfairly impact certain groups. • Do not retaliate against anyone who files a civil rights complaint. 26

Complaints • Everyone has the right to file a civil rights complaint. • All staff and volunteers need to know what to do if someone wants to file a complaint. • Be aware of the bases for which complaints may be filed: race, color, national origin, age, sex, and disability. • Never discourage anyone from filing a complaint or voicing concerns of discrimination. • The process for filing a complaint is described on the “And Justice for All…” poster. Follow the process as described. 27

Civil Rights Complaints for the following programs may be sent to the MDE School Nutrition Programs Office at E-mail Link to mde-shoolnutrition@michigan. gov mdeshoolnutrition@michigan. gov or by calling 517 -373 -3347. • • • The National School Lunch Program (NSLP) The School Breakfast Program (SBP) The Special Milk Program (SMP) The Summer Food Service Program (SFSP) The Summer Camp Special Milk Program (SCSM) The Afterschool Snack Program (ASP) 28