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Civil Rights Training

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American Indian or Alaskan Native. ... All complaints alleging discrimination in general must be processed within 90 days of receipt ... – PowerPoint PPT presentation

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Title: Civil Rights Training


1
Civil Rights Training
  • Presented by the Texas Department of Agriculture

2
Title Change
  • 113-1 All previous 113 series instructions are
    merged into a single instruction
  • Clearer explanation of roles responsibilities
  • Removes ambiguity regarding complaints of
    discrimination
  • No longer titled
  • Policy on Nondiscrimination
  • Now called Civil Rights Compliance and
    EnforcementNutrition Programs Activities

3
Purpose Statement
  • Race, Color, National Origin, Age, Sex,
    Handicap were removed from the purpose statement.
  • It is now an all encompassing phrase
  • Enforcement of the prohibition against
    discrimination in all FNS nutrition programs and
    activities, whether Federally funded in whole or
    not

4
Purpose Statement continued
  • The purpose of this Instruction is to establish
    and convey policy provide guidance direction
    to the USDA FN Service and its recipients and
    customers, and ensure compliance with and
    enforcement of the prohibition against
    discrimination in all FNS nutrition programs
    activities, whether federally funded in whole or
    not

5
Authority
  • Title VI of the Civil Rights Act of 1964
  • Prohibits discrimination based on race, color,
    and national origin
  • In programs receiving federal funding
  • implementing USDA regulation
  • 7 CFR Part 15, Subpart A and Subpart C

6
Authority
  • Americans with Disabilities Act
  • Title IX of the Education Amendments of 1972
  • Sex
  • Section 504 of the Rehabilitation Act of 1973
  • Disability
  • Age Discrimination Act of 1975
  • PRWORA and DOJ Memorandum, 1999
  • Civil Rights Restoration Act of 1987
  • Food Stamp Act of 1977, amended
  • Enforcement of Civil Rights of 1964, national
    origin discrimination against persons w/ limited
    English proficiency
  • USDA Dept Reg 4330-2
  • USDA Reg 7 CFR Part 16, Equal Opp for Religious
    Organizations

7
USDA Policy
  • USDA prohibits discrimination in all programs
    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
    info, political beliefs, reprisal, or income.

8
USDA Policy continued
  • Sexual orientation, marital or family status,
    parental status, and genetic info are not
    protected in FNS programs

9
Question?
  • What are the 6 FNS nutritional assistance
    programs protected bases?

10
Answer
  • Age
  • Color
  • Disability
  • National Origin
  • Race
  • Sex

11
Applicability
  • FNS-113-1 is applicable to all programs
    activities of a recipient (state agency, local
    agency or other subrecipient of Federal financial
    assistance, whether those pgrms are federally
    funded in whole or not
  • Has not changed

12
Definitions
  • Multiple definitions were added or reworded to
    provide a clearer understanding of their meaning
    application

13
Responsibilities
  • USDAs office of Civil Rights
  • Development, implementation, coordination,
    enforcement of the depts civil rights
  • FNS Administrator
  • Implementing civil rights pgrm that ensures
    nondiscrimination compliance in all FNS pgrms
    activities
  • Regional Administrators
  • Direction, leadership, resources to ensure
    implementation of regional civil rights
    compliance pgrm
  • Regional Civil Rights Directors
  • Technical operational asst, direction
    leadership in implementing civil rights. Also
    facilitate complaints.

14
Limited English Proficiency (LEP)
  • State agencies, local agencies, or other
    subreceipients that fail to provide services to
    LEP persons, applicants, or participants, or deny
    access may be discriminating on the basis of
    national origin

15
LEP continuedPrimary Factors To Consider
  • of proportion of LEP persons in the eligible
    service population
  • The greater the , the higher the need
  • Frequency of contact in the pgrms
  • Can do outreach
  • Importance of the service provided by the pgrm
  • Resources available to the recipient/costs

16
LEP School Districts
  • Must make materials available in the appropriate
    language
  • www.squaremeals.org
  • www.fns.usda.gov/cnd

17
Equal Opportunity for Religious Organizations
  • USDA identifies these organizations as partners
    in providing nutrition assistance to needy
    individuals
  • Prohibits discrimination based on
  • Religion, religious beliefs, or religious
    character

18
Districts Religious Organizations
  • Districts are encouraged to include them in the
    public release and applicable civil right
    requirements.

19
Public Notification
20
Public Notification
  • Purpose
  • Inform applicants, participants, and potential
    eligibles of

21
Public Notification continued
  • Program Availability
  • Texas requires the public announcement to be sent
    to the media each school year
  • Complaint Information
  • Applicants participants must be advised at the
    service delivery point of their right to file a
    complaint, how to file a complaint, and the
    complaint procedures
  • Public Announcement
  • Complaint Procedure
  • Nondiscrimination Statement
  • All information materials sources (websites),
    used by state agencies, local agencies, or
    subrecipients to inform the public about the
    programs must contain a nondiscrimination
    statement.

22
Nondiscrimination Statement
  • In accordance with Federal law and the U.S.
    Department of Agriculture policy, this
    institution does not discriminate on the basis of
    race, color, national origin, sex, age, or
    disability. To file a complaint of
    discrimination, write USDA, Director, Office of
    Civil Rights, 1400 Independence Avenue, SW,
    Washington, D.C. 20250-9410 or call (800)
    795-3272 or (202) 720-6382 (TTY). USDA is an
    equal opportunity provider and employer.

23
Nondiscrimination Statement
  • Not required, but recommended on menus
  • Nor required to be printed on items such as cups,
    buttons, magnets, and pens
  • When the size is impractical
  • State, local, subrecipients must post the
    nondiscrimination stmt in their offices and be
    included in full on all materials produced for
    the public
  • Page 13 of FNS-113-1

24
USDA poster/And Justice For All
  • Districts must prominently display
  • It is currently unknown when the new And Justice
    For All Posters will be distributed by USDA.

25
And Justice For All Poster
  • Pass out copy of poster

26
Assurance
  • Districts will operate in compliance with all
    regulations, laws, guidelines, policies, and
    instructions.
  • Texas includes the Assurance in the original
    application agreement signed by each District.

27
Civil Rights Training
28
Civil Rights Training continued
  • To be done annually
  • Topics
  • Collection use of data
  • Effective public notification systems
  • Complaint procedures
  • Compliance review techniques
  • Resolution of noncompliance
  • Requirements for reasonable accommodations of
    persons w/ disabilities
  • Conflict resolution
  • Customer service

29
Data Collection Reporting
  • State local agencies, and other subrecipients
    are required to obtain data by race ethnic
    category on potential eligibles, applicants, and
    participants in the programs.

30
Data Collecting Reporting continued
  • Systems must ensure data is
  • Collected retained by the service delivery
    point for each pgrm
  • Based on document records maintained for three
    years
  • Access restricted to authorized personnel
  • Submitted as requested to FNS Regional or
    Headquarters Offices

31
Race Ethnic Categories, Two Question Format
  • 1. Ethnicity collected first
  • Hispanic or Latino. Cuban, Mexican, Puerto
    Rican, South or Central American, or other
    Spanish culture or origin, regardless of race.
  • Not Hispanic or Latino
  • 2. Race Mark one or more
  • American Indian or Alaskan Native. Origins of
    North/South America (including Central America
    who maintain tribal affiliation)

32
Race Ethnic Categories, continued
  • Asian. Origins of the Far East, Southeast Asia,
    or Indian subcontinent.
  • Black or African American. Origins of Africa,
    Haitian or Negro.
  • Native Hawaiian or Other Pacific Islander.
    Origins of Hawaii, Guam, Samoa, or other Pacific
    Island.
  • White. Origins of Europe, Middle East, or North
    Africa.

33
Race Ethnic Categories continued
  • Program applicants may not be required to furnish
    race or ethnicity
  • Identification must be voluntary
  • Visual observation will be used when the
    applicant does not self-identify

34
Compliance Reviews
  • TDA conducts review
  • Civil Rights findings during the CRE require a
    corrective action plan that ensures compliance
    with this Instruction

35
Resolution of Noncompliance
  • Districts must submit an acceptable corrective
    action plan
  • Failure to respond or correct the finding may
    result in suspension or termination of financial
    assistance.

36
Complaints of Discrimination
  • Right To File
  • Any person alleging discrimination has the right
    to file a complaint within 180 days of the
    alleged action
  • Acceptance
  • In Texas, written or verbal forward to TDA FN
  • Forms
  • Complaint form in ARM
  • District may develop their own
  • Verbal Complaints
  • The elements of the complaint should be written
    up by the complainant or the person allegations
    are made against

37
Forms
  • Pass out FNS 113-1 Sample Complaint Form
  • Pass out ARM Complaint Form

38
District/CRE Information
  • TDA will ask
  • Have you ever received any written or verbal
    complaints alleging discrimination?
  • If YES, have these complaints been reported to
    the State Agency?
  • What is your policy to handle a complaint of
    discrimination?

39
District/CRE Information continued
  • Public Release
  • Letter to parents, application form, income
    guidelines
  • Copy on file
  • Foreign language translations are available
  • USDA poster displayed in prominent place
  • Correct nondiscrimination stmt on pgrm materials
  • Admission procedures do not restrict enrollment
    by minority persons
  • Incorrectly denied F/R applications are not
    disproportionately composed of minority
    applications
  • Disabled students are provided pgrm benefits

40
District/CRE Information continued
  • No separation based by race, color, sex,
    handicap, age or national origin in
  • Eating periods
  • Seating arrangements
  • Serving lines
  • Eating areas

41
District/CRE Information
  • All discrimination complaints written or verbal
    must be reported to TDA FN division

42
Procedures for Processing Civil Rights Complaints
  • State Agency will
  • Accept acknowledge the compliant
  • Gather facts to support or refute complaints
    allegation (s)
  • Ensure all relevant sources of info are
    investigated
  • Review evaluate the facts
  • Implement corrective action plan, if necessary

43
Procedures for Processing Resolving Complaints
  • All complaints alleging age discrimination must
    be referred to the Federal Mediation
    Conciliation Service within 5 working days after
    receipt
  • All complaints alleging discrimination in general
    must be processed within 90 days of receipt
  • Contact FNS Regional Office

44
  • Questions

45
In The End
  • Memories of our lives, of our works and our deeds
    will continue in others, who believe and act for
    fairness and justice
  • Rosa Parks
  • 1913-2005

46
  • In accordance with Federal law and the U.S.
    Department of Agriculture policy, this
    institution does not discriminate on the basis of
    race, color, national origin, sex, age, or
    disability. To file a complaint of
    discrimination, write USDA, Director, Office of
    Civil Rights, 1400 Independence Avenue, SW,
    Washington, D.C. 20250-9410 or call (800)
    795-3272 or (202) 720-6382 (TTY). USDA is an
    equal opportunity provider and employer.
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