Compliance With Civil Rights Laws Improves Access

A USDA Civil Rights PriorityThe Food Distribution Program

on Indian Reservations

Civil Rights Compliance

Civil Rights Authorities●Title VI of the Civil Rights of 1964

race, color, and national origin

●Civil Rights Restoration Act of 1987 clarifies the scope of the Civil Rights Act of 1964

●Sections 504 & 508 of the Rehabilitation Act of 1973 and Americans w/ Disabilities Act disability

●Title IX of the Education Amendments of 1972 sex

●Age Discrimination Act of 1975age

Civil Rights Authorities●28 CFR Part 42: Nondiscrimination in Federally

Assisted Programs

●FNS Civil Rights Instruction113-1

●Executive Order 13166 - addresses/improves access requirements for persons with Limited English Proficiency (LEP)

●USDA Departmental Regulation 4330-2 – prohibits discrimination in programs and activities receiving Federal financial assistance from USDA.

The Heart of Title VI of The Civil Rights ACT of 1964

NO Person in the United States shall:

on the grounds of race, color, or national

origin be excluded from participation in,

be denied the benefits of, or be subjected

to discrimination under any program or

activity receiving Federal financial

assistance.42 U.S.C. s 2000d

Civil Rights and DiscriminationCivil Rights

Nonpolitical RightsRights of personal liberty guaranteed by the 13th

and 14th Amendments

Discrimination

●Different treatment which makes a distinction of one person or a group of persons from others; either

intentionally, by neglect, or by the actions or lack of actions based on…

The Eight Protected Classes

RACECOLORNATIONAL ORIGINAGESEXDISABILITYRELIGIONPOLITICAL BELIEFS

*

                                       

    

Areas of Civil Rights Compliance

Public Notification SystemCivil Rights Assurance Data CollectionTrainingCompliance ReviewsCivil Rights ComplaintsServing Clients with DisabilitiesLimited English ProficiencyConflict ResolutionCustomer Service

Assurances

Prior to receiving Federal funding each entity must enter into a contractual Federal/State agreement which contains a Civil Rights Assurance provision.

The Agreement specifically provides assurance to the Food and Nutrition Service (FNS) that the agency legally agrees to administer FNS program services, benefits and activities in accordance with all civil rights laws, regulations, instructions, policies and guidance related to nondiscrimination in program delivery……………

Data Collection and Reporting“…State agencies, local agencies, and other sub recipients are required to obtain data by race and ethnic category on potentially-eligible populations, applicants, and participants in their program service area…Systems for collecting actual racial and ethnic data must be established and maintained for all programs.”

Data Collection and Reporting●Purpose: To determine how effectively FNS programs are

reaching potentially eligible persons and beneficiaries

●As a means of monitoring civil rights compliance, state agencies shall establish a system for the collection of racial/ethnic data of each person applying for and receiving benefits.

●Applicants shall be assured that the information is required for and used for statistical purposes only and has no effect on eligibility criteria.

●The data should be collected at the point of application.

Two Question Format1. Ethnicity

●Hispanic or Latino●Not Hispanic or Latino

2. Race (one or more of the following)●American Indian or Alaskan Native●Asian●Black or African American●Native Hawaiian or Other Pacific Islander●White

Public NotificationAll FNS financially assisted programs must include a

Public Notification System.

The purpose of the system is to inform applicants, participant, and potentially eligible persons of:

the programs availability, program rights, and responsibilities, the policy for nondiscrimination, and the procedure to

file a complaint.

Public Notification SystemProgram Availability

Inform applicants, participants, and potentially eligible persons of

their program rights and responsibilities and the steps necessary for

participation.

Complaint Information

Advise applicants and participants at the service delivery point of

their right to file a complaint, how to file a complaint, and the

complaint procedures.

Nondiscrimination Statement

All information materials and sources, including Web sites, used by

FNS, State agencies, CACFP sponsors, or other sub recipients to

inform the public about FNS programs must contain a

nondiscrimination statement. The statement is not required to be

included on every page of the program Web site. At a minimum,

the nondiscrimination statement or a link to it must be included on

the home page of the program information.

The Elements of Public NotificationPublish the program through written or media

announcement. Include the location of the program, hours of

operation, and where to apply.Include the nondiscrimination statement and how

to file a complaint.Inform customers of new products, and changes

in the program.Prominently display the USDA nondiscrimination

“And Justice for All” poster.

Public Notification Tips Using pamphlets, or tri-fold materials; if it is to small to

permit the full statement to be included, the material at a minimum must include the statement in print size no smaller than the text, that “USDA is an equal opportunity provider and employer”.

Provide information and other materials such as applications, eligibility criteria, and procedures for delivery of benefits in languages other than English, as needed.

Vital Documents and NDSPROGRAM MATERIAL

Must use full statement

Can use short statement

Do not need to include statement

Application X    Notice of Eligibility X    Notice of Denial X    Notice of Adverse Action X    Notice of Expiration of Certification

X    

Notification of Disqualification

X    

Notice of Right to Request a Fair Hearing

X    

Notification of Hearing X    Notification of Hearing Decision

X    

Demand Letters (for a claim)

If the claim results in an adverse action such as a reduction in benefits, monetary repayment etc.

X    

Outreach Brochures X X  Calendars     XRecipe Cards     XEvent Flyers

It depends on the information being conveyed and if it includes USDA, FNS or FDPIR.

X X  

USDA Nondiscrimination Statement“The U.S. Department of Agriculture (USDA) prohibits discrimination against its customers,

employees, and applicants for employment on the bases of race, color, national origin, age,

disability, sex, gender identity, religion, reprisal, and where applicable, political beliefs, marital

status, familial or parental status, sexual orientation, or all or part of an individual's income is

derived from any public assistance program, or protected genetic information in employment

or in any program or activity conducted or funded by the Department. (Not all prohibited

bases will apply to all programs and/or employment activities.)

If you wish to file a Civil Rights program complaint of discrimination, complete the

USDA Program Discrimination Complaint Form (PDF), found online at

http://www.ascr.usda.gov/complaint_filing_cust.html or at any USDA office, or call (866) 632-

9992 to request the form. You may also write a letter containing all of the information

requested in the form. Send your completed complaint form or letter to us by mail at U.S.

Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue, S.W.,

Washington, D.C. 20250-9410, by fax (202) 690-7442 or email at program.intake@usda.gov.

Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal

Relay Service at (800) 877-8339; or (800) 845-6136 (Spanish).  

USDA is an equal opportunity provider and employer.”

Complaint Filing Any person or representative alleging discrimination based on

a prohibited basis or class have a right to file a complaint within 180 days of the alleged discriminatory action. Only the Secretary of Agriculture may extend this time under special circumstances.

Verbal complaints must be written

up by the person hearing the allegation

and forwarded to the Secretary’s office

of Adjudication within 5-days of receipt. USDA/FNS has the responsibility to process the complaint

within 90-days of it’s receipt. All complaints must be accepted rather it is verbal, written or

anonymous.

Serving Clients with Disabilities A recipient shall operate each FNS assisted program or activity so

that the program or activity, when viewed in its entirety, it is readily accessible to and usable by qualified disabled persons.

A Reasonable Accommodation must be provided to persons known to have mental or physical limitations upon request.

Persons should be referred to as a disabled individual or an individual with a disability.

A major life activity can include but not limited to; performing manual tasks, caring for ones self, walking, talking, hearing. Speaking, breathing, learning and working.

Part 253.2 Definition of Disabled Member Receives Supplemental Security Income, or disability or blindness

payments.

Receives federally- or State-administered supplemental benefits.

Receives disability retirement benefits from a government agency.

A veteran with a service-connected or non-service connected disability rated by the Veterans Administration.

Is a veteran considered by the VA to be in need of regular aide and attendance or permanently housebound (includes spouse).

Is a surviving spouse of a veteran and considered in need of regular aide and attendance or permanently housebound.

Elderly member who is sixty years of age or older.

Limited English Proficiency (LEP)Executive Order 13166 requires that under Title VI

and federal agency regulations that every recipient of Federal funds take reasonable steps to provide LEP individuals with meaningful access to their program and activities.

The State agency shall develop estimates of the numbers of low-income single language households by using the Census Bureau’s Current Population Report: Population Estimates and projections, data from the Bureau of Indian Affairs or other reliable sources to determine the need for bilingual services.

Limited English Proficiency (LEP)Factors to consider in addressing LEP:

Number or proportion of LEP persons served or encountered in the eligible population.

Frequency with which LEP individuals come in contact with the program.

Nature and importance of the program, activity, or service provided by the program.

Resources available to the recipient and costs.

Limited English Proficiency (LEP)If Applicable the State Agency must publicize language

services free of charge to applicants and participants who are unable to speak, read, or write the English language to ensure timely processing of the application and certification of households.

The distributing agency shall provide outreach materials, application forms and associated documents in languages other than English when either an estimated 100 or more low income households or the majority of low-income households on or near the reservation are a single language minority.

LEP and Population Data SourcesUS Census Data

http://www.census.gov/2010census/data/

American Community Survey

http://www.census.gov/acs/

Migration Policy Institute’s National Center on Immigrant Integration Policy

national, state-, and county-level data

Conflict Resolution and Customer Service

Bad customer service can create barriers to accessing the program.

Good customer Service is Effectively communicating with customers, Responding to their needs, Valuing their worth, and Instilling excellence through courtesy, Confidence, and Enthusiasm.

Using effective conflict resolution is a fast way to resolve disputes between employee’s customers and or vendors.

The process should be fair, neutral, and productive.

TrainingAll staff involved in all levels of the administration

of FNS programs must receive training in order to understand civil rights laws, regulations, procedures and directives to assist them in performing good customer service and avoiding Complaints.

●Each FDPIR director has the responsibility to ensure that all frontline staff, warehousemen, receptionist and any person working and interacting with clients are trained on civil rights requirements on an annual basis.

Compliance Reviews “Are you Prepared?”

A Civil Rights Compliance review is performed specifically to determine whether the state agency is in compliance with all civil rights requirements, instructions, policies and regulations and guidance:

Public Notification policiesNondiscrimination statement usagePosting of the “And Justice for All” posterData collection counts and policiesComplaint processingTraining records Analysis of denied applications

Special Reviews

A special compliance review is normally unscheduled when a report of noncompliance is received by USDA when:Statistical data indicates that a particular group is not

participating in, or benefiting from the program to an extent indicated by the population potentially eligible.

●Systemic complaints of discrimination have developed that require follow-up.

●Complaints of rude and discourteous treatment directed towards a certain group.

Prohibited Practices● Requesting that a disabled person pick up their food instrument.

● Selecting members of planning, meetings, and advisory bodies in such a way as to exclude persons from membership or participation on the basis of race, color, national origin, age, sex, disability or religion.

Treating and individual differently from others in determining whether the person satisfies any admission, enrollment, quota, eligibility, Tribal membership, or other requirement or condition which individuals must meet to be provided the service or benefit provided under an FNS program.

● Failure to provide meaningful access to a customer because of their inability to speak and understand the English language.

Things To Think AboutDid I do all I could to meet the needs of my customers

today?Did I treat my co-workers with dignity and respect today?Of all the things you wear, your expression is the most

important.Treat your employees well and they will do a good job in

return. Keep your workplace free of harassment including sexual,

and everybody will be happy.Take the time to listen to others concerns, you may need

their ear someday.

Things You Should Do Eat Healthy and take good care of yourself so that you can take care of others. Be kind to others, Practice random acts of kindness. Practice everything you learned in Kindergarten. Never stop learning. Remember that most of us will never do great things, but

we can do small things in a great way. Most importantly choose to live well and……

“CHOOSE MY PLATE”MYPLATE.GOV

Choose My Plate Dietary Guidelines

The Dietary Guidelines for Americans are jointly issued and updated every 5 years by the Department of Agriculture (USDA) and the Department of Health and Human Services (HHS).

They provide authoritative advice for Americans ages 2 and older about consuming fewer calories, making informed food choices, and being physically active to attain and maintain a healthy weight, reduce risk of chronic disease, and promote overall health.

What is a "Healthy Diet"? The Dietary Guidelines for Americans describe a healthy diet as one that:

Emphasizes fruits, vegetables, whole grains, and fat-free or low-fat milk and milk products; Includes lean meats, poultry, fish, beans, eggs, and nuts; and Is low in saturated fats, trans fats, cholesterol, salt (sodium), and added sugars.

The recommendations in the Dietary Guidelines and in MyPlate are for the general public over 2 years of age. MyPlate is not a therapeutic diet for any specific health condition. Individuals with a chronic health condition should consult with a health care provider to determine what dietary pattern is appropriate for them.

MyPlate helps individuals use the Dietary Guidelines to: Make smart choices from every food group. Find balance between food and physical activity. Get the most nutrition out of calories. Stay within daily calorie needs.

Questions?

Civil Rights ContactsNational Director: David C. Youngblood

David.youngblood@fns.usda.gov

Civil Rights National Office Crystal Tolar (Compliance Chief) 703-305-2213Crystal.Tolar@fns.usda.gov

Midwest Regional Office, Tamara Earley (director) 312-353-6657

Tamara.Early.@fns.usda.gov Mountain Plains Regional Office, Evelyn McGregor (director)303-

844-0307

Evelyn.McGregor@fns.usda.gov Northeast Regional Office, Steve Miliano (director) 617-565-6464 Southeast Regional Office, Gail Hoffman (director) 404-562-7033

Gail.Hoffman@fns.usda.gov Southwest Regional Office, Suong Vong (director), 214-290-9837

Suong.vong@fns.usda.gov Western Regional Office, Joe Torres (director) 415-705-1322

Joe.Torres@fns.usda.gov