Transcript Civil Rights Compliance Training The Emergency Food

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Document Resources
Goal of Civil Rights Training
Civil Rights
Equal Opportunity for Religious Organizations
Public Notification System
Compliance Reviews
Civil Rights Complaints
Assurances
Limited English Proficiency (LEP)
Civil Rights Training
Data Collection and Reporting
Conflict Resolution
Quiz
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7 CFR Part 250
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7 CFR Part 251
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7 CFR Part 247
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FNS Instruction 113-1(revised 11/08/2005
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To Ensure: Equal, fair and respectful
treatment of all applicants and beneficiaries.
Eliminate illegal barriers (whether intentional
or unintentional) that prevent or deter people
from receiving benefits.
Knowledge of rights and responsibilities.
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Federal Departments – USDA/FNS Civil Rights Division (CRD)
provides leadership and comprehensive protection against
discrimination in FNS employment practices and delivery of
programs to the public.
State Agencies – AR Department of Human Services. Provides
mandatory training and comprehensive protection against
discrimination in employment practices and delivery of programs
to the public.
Recipient Agencies – Food Banks, CAP agencies, Pantries, Soup
Kitchens, or other contractors. Provide mandatory training to all
staff and volunteers associated with the distribution of USDA
foods. Provide complaint procedures and information to
complainants so they can make complaints independently of the
State agency or Local agency if desired. Refers complaints to
State Agency or USDA.
Discrimination is defined as the act of
distinguishing one person or group of
persons from others, either intentionally, by
neglect, or by the effect of actions or lack of
actions based on the protected classes.
In other words, treating someone different
because of their protected class whether
intentional or not.
There are six (6) protected classes for TEFAP
and CSFP:
Race
 Color
 National Origin
 Age
 Sex
 Disability
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Title VI of the Civil Rights Act of 1964 – Covers Race,
Color and National Origin
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Title IX of the Education Amendments of 1972 – Sex
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Section 504 of the Rehabilitation Act of 1973 –
Disability
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Age Discrimination Act of 1975 – Age
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Executive Order 13166 – Limited English Proficiency
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Public Notification System
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Data Collection (Required CSFP Only)
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Training
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Civil Rights Compliance Reviews
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Civil Rights Complaints
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Civil Rights Assurances
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Limited English Proficiency
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Disability Accommodations
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Equal Opportunity for Religious Organizations
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No organization that receives direct assistance from
USDA can discriminate against a client or potential
client on the basis of religion or religious belief.
Faith-based groups retain their independence to
carry out their mission, as long as USDA funds or
activities do not support worship, religious
instruction or proselytization.
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Faith-based sites can use space in their facilities
without removing religious art or symbols.
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Note: Faith-based and Community organizations are
essential to administering USDA programs.
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Civil Rights regulations serve to ensure the
elimination of unwanted barriers to
participation of Faith-based and Communitybased organizations.
No Faith-based or Community-based
organization will be discriminated against in
USDA funded programs.
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Religious Proselytization: “to convert or
attempt to convert a person to a religion,
belief, faith and/or cause.”
◦ Cannot put religious flyers in food packages.
◦ Cannot require clients to attend any class or service
in order to receive food.
The purpose of the public notification system
is to inform applicants, participants and
potentially eligible persons of the program
availability, program rights and
responsibilities, the nondiscrimination policy,
and the procedures for filing a complaint.
Note: USDA requires that all agencies follow
public notification requirements. This is so
everyone knows the rules, requirements, and
understand the Program’s benefits and services
are to be delivered without regard to protected
classes (race, color, national origin, age,
disability, sex).
Here are some of the ways they suggest you
make the public and clients aware of your
services and their rights.
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Three elements of Public Notification:
o Program Availability
o Complaint Information
(And Justice for All Poster) Please note that the address information on
the “And Justice for All” poster is incorrect and that the correct
information is provided.
o Nondiscrimination Statement
(“And Justice for All Poster” and all written materials and sources
including websites) All informational material used by the State and
local agencies, or other sub recipients to inform the public about FNS
programs must contain a nondiscrimination statement. It’s not required
to place the statement on every page of a website, including the
statement on the homepage is sufficient. Refer to page 13 of the FNS
Instruction 113 for full disclosure.
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Publicize TEFAP and CSFP to all, including
underserved populations and the entities that
service them;
Provide information in alternative formats,
including web-based information,
brochures/publications, media outlets for
persons with disabilities (example: Braille)
and for Limited English Proficiency (example:
Spanish)
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Use the nondiscrimination statement on all applicable publications:
In accordance with Federal law and U.S. Department of Agriculture policy, this
institution is prohibited from discriminating on the basis of race, color, national
origin, sex, age or disability.
To file a complaint of discrimination, write USDA, Director, Office of Adjudication,
1400 Independence Ave., SW, Washington, DC, 20250-9410 or call toll free (866)
632-9992 (Voice). Individuals who are hearing impaired or have speech
disabilities may contact USDA through the Federal Relay Service at (800) 8778339; or (800) 845-6136 (Spanish). USDA is an equal opportunity provider and
employer.
(in Spanish)
De acuerdo con la ley federal y las políticas del Departamento de Agricultura de
los EE.UU. (USDA, sigla en inglés), se le prohibe a esta institución que discrimine
por razón de raza, color, origen, sexo, edad, o discapacidad.
Para presentar una queja sobre discriminación, escriba a USDA, Director, Office of
Adjudication, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410, o
llame gratis al (866) 632-9992 (voz). Personas con discapacidad auditiva o del
habla pueden contactar con USDA por medio del Servicio Federal de Relevo
(Federal Relay Service) al (800) 845-6136 (español) o (800) 877-8339 (inglés).
Note: The full nondiscrimination statement
changes frequently. Therefore, before
printing new material contact FNS or the State
Agency.
FNS provides the nondiscrimination statement
in various other languages on their website.
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This is how it should be utilized:
If the material is too small to permit the full statement to be
included, the material will at a minimum include the statement,
in print size no smaller than the text of the document or
publication that “This institution is an equal opportunity
provider.”
A nondiscrimination statement is not required to be imprinted on
items such as cups, buttons, magnets, and pens that identify the
program, when the size or configuration makes it impractical. In
addition, recognizing that Internet, radio, and television public
service announcements are generally short in duration, the
nondiscrimination statement does not have to be read in its
entirety. Rather, a statement such as “The [program name] is an
equal opportunity provider” is sufficient to meet the
nondiscrimination requirement.
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Display the most current version of the “And Justice for All”
Poster in a prominent location for clients to read. The State
will order posters from FNS to supply agencies. Agencies
must contact the State for posters. Photocopies of posters
are not allowed.
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Pre-Approval/Pre-Award Compliance Reviews are
a desk or on-site review of specific civil rights
information submitted by a program applicant
agency in the application for Federal assistance.
Federal assistance cannot be made available until
a Pre-Award Compliance Review is completed
and the agency applying for Federal assistance is
determined to be in compliance with civil rights
requirements.
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Documentation of efforts that have been, or
will be made to inform minority and
grassroots organizations about TEFAP/CSFP.
Documentation may include copies of letters,
lists of organizations or persons contacted;
or media if used.
An estimate of the racial/ethnic makeup of
the applicant agency’s service delivery area.
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Nondiscrimination statement on applicant
agency’s admissions requirement.
The names of other Federal agencies
providing assistance to the applicant
organization and whether the applicant has
ever been found to be in non-compliance by
those Federal agencies.
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This is a desk or on-site civil rights review
conducted after an organization has been
authorized to receive Federal financial assistance.
AR DHS shall conduct routine civil rights reviews
during regular on-site reviews.
Targeted civil rights reviews will be conducted by
AR DHS when there are indications of possible
civil rights violations.
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Do potentially eligible persons have an equal opportunity to participate?
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Do policies and practices ensure equal treatment for services and
benefits regardless of their protected class(es)?
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Is USDA’s “And Justice For All” (11” x 17”) poster prominently displayed
where it can be seen by applicants, participants and visitors?
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Have regular civil rights training, commodity distribution policies and
complaint procedures been provided to persons dispensing USDA foods?
To other staff and volunteers?
Does the facility publicize that it provides services to all persons without
regard to race, color, national origin, age, sex or disability?
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Is the appropriate nondiscrimination statement included on all
materials that describe TEFAP and CSFP?
Has the agency established a public notification system to inform
minorities and grassroots organizations of TEFAP/CSFP, their
admissions policy and civil rights complaint procedures?
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Is the facility accessible to the disabled?
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Is assistance available for persons that have Limited English
Proficiency?
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Has the organization received any civil rights complaints? If yes,
were they handled properly? Are the organization’s procedures
adequate?
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Right to file a complaint:
Any person alleging discrimination based on race, color,
national origin, age, sex, or disability has a right to file a
complaint within 180 days of the alleged discriminatory
action.
Discrimination Complaints – Allegations include reference to
one or more of the protected classes. Only USDA has the
authority to investigate Civil Rights (discrimination)
complaints.
Program Complaints – Any complaint about the program but
there are no references to the protected classes. The State
or local agencies can investigate these complaints.
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Acceptance of a Complaint:
All civil rights complaints, written or verbal, must be
accepted and forwarded to FNS via written documentation.
See next slide for content of complaint.
Complaints must be sent directly to USDA, Director, Office
of Adjudication, 1400 Independence Ave., SW, Washington,
DC, 20250-9410 or call toll free (866) 632-9992 (Voice).
The Commodity Distribution Unit will forward the
complaint to the USDA/FNS. The State will also provide
complaint forms.
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Name, address and telephone number, or other
means of contacting the complainant;
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Specific location and name of the agency
delivering the service or benefit;
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Nature of the incident or action that led the
complainant to feel discrimination was a factor,
and an example of the method of administration
which is having a disparate effect on the public,
potential eligible persons, applicants, or
participants;
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The protected class(es) on which the complainant
believes discrimination exists;
The names, telephone numbers, titles, and
business or personal addresses of persons who
may have knowledge of the alleged
discriminatory action;
The date(s) during which the alleged
discriminatory actions occurred.
Note: A sample complaint processing form can
be found in FNS Instructions 113-1, Appendix E.
To qualify for Federal financial assistance, an
application must be accompanied by a written
assurance that the entity to receive financial
assistance will be operated in compliance with all
nondiscrimination laws, regulations, instructions,
policies, and guidelines. The Regional Offices will
obtain written assurance of nondiscrimination
compliance from each State agency and will ensure
that State agencies are obtaining assurance from
local agencies or other sub recipients that receive
Federal financial assistance. Retailer and vendor
agreements, though not an indicator of being a
recipient of Federal financial assistance, must also
include an assurance of nondiscrimination.
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Where applicable, a statement of assurance must be
incorporated into the
Retailer/Vendor/Federal/State/local/subrecipient agency
agreement. With the exception of retailers and vendors, the
agreement must state that the entity involved will compile data,
maintain records, and submit reports as required to permit
effective enforcement of nondiscrimination laws, regulations,
policies, instructions, and guidelines. This agreement permits
authorized USDA personnel to review such records, books, and
accounts as needed during hours of program operation to
ascertain compliance. The FNS Regional OCR is responsible for
reviewing, approving, and monitoring FNS/State agency
agreements. State agencies are responsible for monitoring
compliance with the agreements that cover their programs. State
agencies are also responsible for reviewing, approving, and
monitoring local agency and other subrecipient agreements.
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Definition of LEP persons:
Individuals who do not speak English as their
primary language and who have a limited
ability to read, speak, write, or understand
English.
Where a significant number or proportion of the
population eligible to be served needs service or
information in a language other than English in
order to be informed of, or to participate in the
TEFAP/CSFP programs, the recipient agency shall
take reasonable steps to provide information in
appropriate languages to such persons.
Reasonable steps are included in the next slide.
Note: The local agency should make every effort
to effectively communicate with all LEP persons
seeking assistance.
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Reasonable Steps to Ensure LEP persons access to
programs are generally contingent on:
◦ The number or percentage of LEP persons eligible to be
served;
◦ The frequency with which LEP persons come in contact
with the program;
◦ The nature and importance of the information being
communicated whether verbal or written;
◦ The resources available to the recipient agency.
Agencies that fail to provide services to LEP
persons and applicants, or deny them access
to TEFAP and CSFP could be discriminating on
the basis of national origin in violation of
Title VI.
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AR DHS Commodity Distribution Unit will
assist agencies to obtain information in other
languages.
Currently, the Commodity Distribution Unit
has the following in Spanish:
◦ “And Justice for All” poster contains both English
and Spanish. (Both languages on the same poster).
◦ TEFAP applications.
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It is your obligation to offer qualified
interpreters, but make sure they understand
interpreter ethics, particularly confidentiality.
Children should not be used as interpreters.
Should a potential client with LEP use their
own interpreter instead of the assistance of
the agencies interpreter, the potential client
must sign a waiver understanding that an
interpreter was offered for their use but
chose to use a source of their own.
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Waiver Forms: A waiver form must be used
when an LEP client wishes to use someone
other than and agency furnished interpreter.
The form must be completed prior to
explanation of program benefits and prior to
the completion of applications. Forms must
be signed by the client and filed with the
application. A sample waiver form is
available through the Commodity Distribution
Unit.
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Interpreters:
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Volunteers may be used, but make sure they are qualified and understand interpreter ethics
– particularly confidentiality. The volunteer is expected to recognize LEP clients, be able to
identify the language and how to offer the services of an interpreter (a language
identification handout is available as part of this training along with resources for
interpreters). Volunteers must also be able to document LEP needs for future needs of the
client. Staff and volunteers should make a notation on the clients application card as to the
need for LEP material. This information should be submitted to the local agency and
Commodity Distribution Unit in order to assist with future needs. Documentation should be
kept on file at the distributing agency site for future reference for a minimum of three (3)
Federal Fiscal years plus the current year.
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Children and other family members should not be used as interpreters.
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Translations are in writing and include signage, applications, handouts, schedules for
distributions. Translations are to be used along with any written or communicated material
to the client.
In other words, if you have LEP clients or potential clients in your area, whatever you do to
administer the program in English should also be done in the appropriate LEP language.
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See www.lep.gov for resources and information.
Staff and volunteers involved in the distribution of USDA foods
through the TEFAP and/or CSFP should ask themselves the
following:
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Is my treatment of this person using good customer service
skills?
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Have I given this person the opportunity to clarify all relevant
factors or inconsistencies?
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Have I explained to this person exactly what information I need
to make a determination on the application?
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Have I provided the person with the information he or she needs
to make necessary decisions and to successfully participate?
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The AR DHS Commodity Distribution Unit will
provide mandatory annual training to all food
banks and Community Action Agencies (CAP
agencies).
Food Banks and CAP agencies are responsible
for training staff, volunteers and their
contracted agencies on an annual basis.
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Staff and volunteers should know what to do if they receive a complaint.
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Staff and volunteers should understand that it is the basic right of the individual to
file a complaint.
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Accessibility for Limited English Proficiency (LEP) clients.
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Accessibility for clients with disabilities.
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CSFP Agencies should train on how to collect racial/ethnic data.
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Public notification.
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Assurances
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Rights of the client at the time of application process including the complain
process.
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Have a written and posted policy for dealing with
unacceptable behavior, conflicts and complaints. Make
sure the policy addresses how to determine when it is
necessary to seek assistance.
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Describe how you inform applicants/participants of their
responsibility to proper behavior.
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Remain calm.
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Explain the situation – is it policy, a program requirement,
etc.
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Get help, especially if threats or if violence is possible.
Corrective Actions:
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Immediately cease inappropriate actions.
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Institute appropriate procedures.
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Train all staff and volunteers on appropriate application of
procedures and policies.
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Monitor and evaluate.
FAILURE/REFUSAL CAN RESULT IN LOSS OF FEDERAL
ASSISTANCE FROM ALL FEDERAL SOURCES!
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The archdiocese runs a number of different
programs. It accepts Federal funding and
USDA foods to run TEFAP. But it also
operates food pantries that are stocked
entirely by parish donations without Federal
USDA foods or other funding. Do the
pantries have to adhere to Federal civil rights
rules also?
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Answer: Yes. Acceptance of “Federal
financial assistance” obligates the recipient to
adhere to federal civil rights requirements in
all aspects of its operations. Also, if
discrimination is found and the recipient of
the Federal financial assistance refuses or
fails to correct the problem, Federal
assistance from ALL sources will potentially
cease (i.e. Federal assistance to all programs
will cease.)
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An Asian woman filed a complaint with the
State that the USDA food boxes “looked
shabby”. She also tells you that ever since
the delivery people started coming later in
the day, they are no longer friendly. Is this a
discrimination complaint and if so how
should it be handled?
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Answer: No. Unless she is alleging that the
Asian community receives USDA foods of
inferior quality or that she is being treated
differently because she is a member of a
protected class, this would not be a civil
rights allegation or complaint. While part of
civil rights includes providing good customer
service, failure to do so, unless the
allegations are related to a protected class
does not qualify as a civil rights complaint.
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In order to insure that there are interpreters
available, a food pantry wants to mandate
that all Ukrainian speaking participants be
served on the second Friday of each month.
Is this allowable since the intent is to provide
good service and not to discriminate?
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Answer: No. This would not be allowable
because it is a form of segregation based on
national origin. The pantry needs to
accommodate people whenever they need
assistance. The pantry could advertise days on
which it has interpreters on site, but people who
speak a particular language cannot be required
to come only on certain days.
Should assistance of an interpreter be needed by
the local pantry or distribution site, contact the
local agency or the Commodity Distribution Unit
for available interpreters.
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As part of its meal service, a soup kitchen
wants to require a prayer before the meal. Is
this allowable, and are there any exceptions
or special requirements?
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Answer: No. As a rule, proselytization is prohibited under
the faith based rules. However, a prayer may be said
before a meal but the person conducting the activity must
make it clear that:
◦ The activity is not part of TEFAP and not endorsed by USDA;
◦ Cooperation and participation in the activity is not a condition of
receipt of TEFAP benefits;
◦ The activity is not conducted in a manner that disrupts TEFAP food
distribution or meal service.
◦ You cannot require a participant to stay through the faith based
activity.
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An agency prints informational brochures
about TEFAP and CSFP in another language.
Since the nondiscrimination statement is very
technical and the population is not well
educated, it is felt there is no need to include
it. And, it would also take up too much
space. Is this decision correct? Why or why
not?
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Answer: No. The nondiscrimination statement needs to
be translated and put on the brochure. The shorter
statement could be used if it is in a font size the same as
the rest of the print in the brochure. If the brochure
contains information on rights and responsibilities, the
longer statement should be used.
If the material is too small to permit the full statement to
be included, the material will at a minimum include the
statement, in print size no smaller than the text of the
document or publication that “This institution is an equal
opportunity provider.”
USDA Web reference for other language versions: See
www.lep.gov for resources and information.
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The leader of a charitable organization that
makes large donations to the operations of a
food pantry, requests a list of all Hispanic
participants so that they can be given special
holiday baskets. Does this pose any civil
rights problems and how should you respond
to this request?
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Answer: This poses a number of problems.
First, it would violate the confidentiality
provisions of data collection. Data on ethnicity
and race must be kept confidential and should
not be made available on an individual basis.
Remember: Applicants/clients should not be
treated in a disparate manner or given
advantages based on any of the six (6) protected
classes. Discrimination does not have to be
intentional.
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Someone comes to the food pantry smelling
of alcohol and speaks in a loud voice using
language laced with profanities. You ask a
staff member or security to remove this
person from the premises and the person
accuses you of discrimination and threatens
to complain. What should you do?
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Answer: You are expected to have a policy that
outlines unacceptable behavior and penalties and you
ensure that it is enforced uniformly. You are not
required to tolerate an unsafe situation.
Keep in mind the term “discrimination” is often used.
Unlawful discrimination is specific to allegations
based on race, color, age, sex, and disability if one or
more of these are involved.
You could give the person a copy of the policy and
also provide information on how to file a complaint.
QUESTIONS?