USDA Civil Rights and Child Nutrition Programs Amy Wentz Berner

Civil Rights Coordinator

Understanding Civil Rights in Ten Easy Steps!

#1- What is Civil Rights?

• • Civil Rights Regulations are intended to ensure that benefits of Child Nutrition Programs are made available to all eligible people in a non discriminatory manner. All sponsors receiving federal dollars must implement Civil Rights requirements to be eligible for the program.

#2- What is Discrimination?

• Discrimination is defined as 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 protected classes.

Protected Classes

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

#3- How Do You Recognize a Civil Rights Complaint?

• A Complaint of unequal treatment can be: – Verbal – In Writing – Observed

Civil Rights Complaint

• A potential Civil Rights Complaint may start with a phone call, email, fax or any form of communication where someone feels they, or someone they know, has received unequal treatment in any area of the operation of a Child Nutrition Program.

– Program Administration – Food Service – Employment

•

THE FOUR D’s

Discrimination is when an individual or a group of individuals are: – Delayed receiving benefits or services that others receive – Denied benefits or services that others receive – – Treated Differently than others to their disadvantage Given Disparate treatment- something that does not seem discriminatory, but has a discriminatory impact in practice (evidence that other, similarly-situated individuals not in the protected class received systematically better treatment)

#4- What do you do if you receive a Civil Rights Complaint?

• • • Develop a Procedure Plan – Sponsors are required to develop and implement a procedure to handle any discrimination complaint that may be received (it is suggested the procedure be written).

How Long Do They Have to File?

– Within 180 days of the alleged discriminatory action Where Do They Send the Complaint?

– Directly to USDA, or the Sponsor. The Sponsor must forward all discrimination complaints to the OCN within three working days.

Complaint Procedure

•

A complaint can be investigated locally, resolved locally, and the OCN notified of the resolution.

#5- And Justice For All Poster?

• • “And Justice For All” poster must be placed in a prominent area where participants and potential participants have ready access.

Even though the non discrimination statement was updated in October 2013, the posters HAVE NOT been updated. Please continue using the posters you have on hand.

• •

#6- When do I use the Nondiscrimination Statement?

Long Version

The U.S. Department of Agriculture 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, found online at

http://www.ascr.usda.gov/complaint_filing_cust.html

20250-9410, by fax (202) 690-7442 or email at , 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. and employer.

[email protected]

. 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

Where is the Non-Discrimination Statement Needed?

• • • • • • • • • • Enrollment Forms Menus Employee Handbooks Newsletters Brochures Parent/Student Handbooks Print or broadcast advertisements Flyers Websites THAT MENTION CHILD NUTRITION PROGRAMS!

Non-discrimination Statement Short Version

• Sponsors can use the short version on documents mentioning USDA or the Child Nutrition Program if the document is one page (front and back) or less in length. • “This institution is an equal opportunity employer and provider.”

#7- Who needs to have Civil Rights Information?

•

Civil Rights information needs to be available at

every site!

#8- What does the OCN look for at a Review?

• Common Review Findings – Staff do not recognize a civil rights complaints when asked and/or are not able to verbalize the civil rights complaint procedure to reviewer – “And Justice For All” poster is not visible where parents and the general public can see and read it – Non-discrimination statement is missing from public documents that mention or imply USDA and Child Nutrition Programs

#9- Are there any Resources for us to use?

• USDA Child Nutrition Civil Rights Webpage – http://www.fns.usda.gov/civil-rights • Coming Soon- OCN Child Nutrition Website Civil Rights Link • OCN Civil Rights Coordinator – Amy Wentz Berner, 304-558-3396 • [email protected]

#10- What is a Summary of what a Sponsor must do for Civil Rights?

• • • • • • Offer any Child Nutrition Program in a Non Discriminatory Manner Train staff annually on Civil Rights and complete the training form Have a procedure for receiving and processing complaints Prominently display the “And Justice For All” poster Place non-discrimination statement on all printed materials available to the public which mention USDA and/or Child Nutrition Program meals and snacks Offer meals to all students in the school

Questions?

Amy Wentz Berner [email protected]

304-558-3396