USDA Civil Rights and Special Nutrition Programs

Training Objectives

• Demonstrate knowledge of Civil Rights requirements for Special Nutrition Programs

• Develop and implement policies and procedures to ensure compliance with all USDA requirements

• Ensure that benefits of Special Nutrition Programs are made available to all eligible participants in a non-discriminatory manner

Discrimination Defined• Different treatment which makes a

distinction of one person or group of persons from others• Intentionally;• By neglect; or• By the actions or lack of actions based on

the protected class

“The Four D’s” Discrimination occurs when an individual or

group of individuals are:• Delayed benefits or services• Denied benefits or services• Treated Differently than others to their

disadvantage• Given Disparate treatment

Examples of Discrimination• Refusing a participant’s enrollment based on

disability• Failing to provide reasonable

accommodations to disabled individuals• Serving meals at a time, place, or manner

that is discriminatory• Selectively distributing applications• Failing to provide the same eligibility criteria

to all participants

Protected Classes• Race• Color• National Origin• Age• Sex • Disability

Components of Civil Rights CompliancePublic Notification SystemOutreach and EducationCivil Rights Complaint ProceduresData CollectionReasonable AccommodationsTechnical Assistance and TrainingCustomer ServiceConflict Resolution

Public Notification: Components• Program availability• Each agency or other sub-recipient must

take action to inform potentially eligible persons of their program rights.

• Complaint information• Applicants and participants must be

advised at the service delivery point of their right to file a complaint, and the complaint process.

• Non discrimination statement• Institutions must communicate the non-

discrimination statement

Public Notification: Methods • Outreach--Inform potentially eligible

applicants about the program• Provide information in alternative formats

available for those with disabilities, i.e. Spanish

• Include non discrimination statement on all informational material provided to the public

• Convey equal opportunity message in all pictures that are used to provide program information

• Prominently display the “And Justice for All” poster, and, for programs serving children), the “Building for the Future” poster

Non-Discrimination Statement Institutions are required to use the following

language on all informational materials: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 if 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, 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 and wish to file either an EEO or program complaint please contact USDA through the Federal Relay Service at (800) 877-8339 or (800) 845-6136 (in Spanish).

Persons with disabilities who wish to file a program complaint, please see information above on how to contact us by mail directly or by email. If you require alternative means of communication for program information (e.g., Braille, large print, audiotape, etc.) please contact USDA's TARGET Center at (202) 720-2600 (voice and TDD).

USDA is an equal opportunity provider and employer.

Non-Discrimination Statement If the material or document is too small

to permit the full statement to be included (one 8 ½ x 11 page front and back or less), the material MUST, at a minimum, include the following:

“This institution is an equal opportunity provider and

employer.”

Examples of Informational Materials

•Enrollment Forms •Menus

•Employee Handbooks •Newsletters

•Brochures •Flyers

•Parent/Student Handbooks •Websites

•Print or Broadcast Advertisements

Outreach and Education• Reach as many potential children as possible.• Ensure program access.• Identify and pay particular attention to

under-represented groups.• Include the required nondiscrimination

statement on all appropriate special nutrition program and agency publications, web sites, posters, and informational materials.

• When using graphics, reflect diversity and inclusion.

Complaint Procedures• Sponsors are required to develop and

implement a written Civil Rights Complaint Procedure for handling any discrimination complaint that may be received.

• If the complaint form if returned to Sponsor, Sponsor must forward the form to the USDA within 3 working days.

Civil Rights

Complaint Form

completed

Complaint documented

in Civil Rights

Complaint Log

Complaint received

by sponsor

Recognizing a Civil Rights Complaint A complaint of unequal treatment may be:• Verbal• In writing• Observed

Submitting a Complaint• A Civil Rights Complaint Form must be

readily available at all sites.• Sponsors must make every effort to assist a

complainant and make reasonable accommodation for complainants with a disability.

Submitting a ComplaintTo file a complaint of discrimination:• Write:

U.S. Director Office on Adjudication1400 Independence Avenue SWWashington, DC 20250-9410

• E-mail: program.intake@usda.gov• Call: (800) 632-9992 or (202) 260-1026

Deadline for Filing a Complaint• A complaint can be filed within 180 days of

the alleged discriminatory action.• A waiver of the 180 day filing deadline may

be granted for the following reasons:(1) the discriminatory act could not reasonably be expected to be known within the 180-day period; (2) illness or incapacitation; (3) the same complaint was filed with another Federal, state, or local agency; and (4) any other basis determined by the Director of the Office of Adjudication.

Civil Rights Complaint Log• All complaints must be documented in the

Civil Rights Complaint Log.• Log must be dated and kept current for 3

years + the current year, even if no complaints have been received. • If no complaints have been received,

sponsors should document “no complaints received” in the Log at the end of the fiscal year.

Racial and Ethnic Data Reporting• Ethnic and racial data is used to

determine how effectively your program is reaching potentially eligible children and where outreach may be needed.

• Sponsors are required to collect racial and ethnic data annually and maintain the data on file.

Collecting and Reporting Data• Establish a system to collect ethnic and racial

data on participants annually

• It is optional for participants to provide sponsors information, but it is a requirement for sponsors to collect it annually.

• Data collectors may not second guess, change, or challenge a self-declaration of ethnicity and race made by a participant unless such declarations are blatantly false

How and What Data to CollectTwo Step Process: • Step 1: Ethnicity Categories (Specify “mark

one”)• Hispanic or Latino• Non-Hispanic or Non-Latino

• Step 2: Racial Categories (Specify “mark one or more”)• American Indian or Alaskan Native• Asian• Black or African American• Native Hawaiian or other Pacific Islander• White

Methods for Determining Ethnic Data• Information provided by the participant

(preferred)• Income Eligibility Statements• Enrollment Forms

• If a participant/family chooses not to provide racial/ethnic information, you may use one of the following two methods:• Visual identification by a staff person or

sponsor• Personal knowledge, records or other

documentation the institution possesses that identifies household racial/ethnic data

Reasonable Accommodations: Disability

A “person with a disability” means any person who has a physical or mental impairment which substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment.

Reasonable Accommodations: Disability• Provide facilities for participants with

disabilities• Example: accessible parking lots,

entrances and exits, halls, elevators, rest rooms, service animals, Braille signage, alternative arrangements for service

• Provide appropriate information in alternative formats for persons with disabilities• Example: Braille program materials, sign

language interpreters• Provide food substitutions for students with

disabilities when documented in writing by a licensed physician

Reasonable Accommodations: Disability• All sponsors participating in Special

Nutrition Programs are required to provide food substitutions or modifications if: • A medical statement is on file that

describes the participant’s disability and what foods must be omitted and indicates the substitutions or modifications that the participant needs

Reasonable Accommodations: Limited English Proficiency (LEP)

Definition: Individuals who do not speak English as their primary language and have a limited ability to read, speak, write, or understand English.• Upon request, make available to the public,

participants, and potential participants information about program eligibility, benefits, services, and procedures for filing a complaint, in English and/or in the appropriate translation

• If needed, the use of alternative means of communication (Braille, large print, audiotape, etc.) is required

Technical Assistance and Training• All sponsors and staff who work with the

Special Nutrition Program must receive training on all aspects of civil rights compliance annually.

• Sponsors must retain training records of the people who received civil rights training.

Customer Service• All participants must be allowed equal opportunities to participate in Special Nutrition programs regardless of

race, color, national origin, sex, age, or disability.

• All participants must be treated in the same manner (i.e. seating arrangements, serving lines, services and facilities, assignment of eating periods, methods of selection for application approval processes).

Conflict Resolution The USDA recommends using an Alternative

Dispute Resolution (ADR) program:ADR Definition: Use of a neutral third party (usually a person acting as a facilitator) to resolve informally a complaint of discrimination through use of various techniques such as fact finding, mediation, peer panels, facilitation, ombudsman support, or conciliation.

For more information, go to: http://www.fas.usda.gov/Admin/civilrights/conflictres.asp

A Review: Required Components of Civil Rights Compliance

Public Notification SystemOutreach and EducationCivil Rights Complaint ProceduresData CollectionReasonable AccommodationsTechnical Assistance and TrainingCustomer ServiceConflict Resolution

Questions?