CIVIL RIGHTS TRAINING Brought to you by the

Goals of Civil Rights Equal treatment for all applicants and beneficiaries under the law. Knowledge of rights and responsibilities. Elimination of illegal barriers that prevent or deter people from receiving benefits. Dignity and respect for all.

Federal Financial Assistance Triggers Civil Rights Responsibilities Federal financial assistance is anything of value received from the Federal government. This includes the food and other items you receive from the Food Bank.

Civil Rights Laws Discrimination is prohibited on the bases of race, color, national origin, age, sex, and disability by regulation, law and executive order. Title VI—Civil Rights Act of 1964—Race, color, national origin Title IX of the Education Amendments of 1972—Sex Section 504 of the Rehabilitation Act of 1973—Disability Americans with Disabilities Act—Disability Age Discrimination act of 1975—Age Civil Rights Restoration Act of 1987—Race, color, national origin Program statutes and regulations—race, color, national origin, sex, age, and disability

What is a Protected Class? Any person or group of people who have characteristics for which discrimination is prohibited based on law, regulation, or executive order. Protected classes in The Emergency Food Assistance Program (TEFAP) & Commodity Supplemental Food Program (CSFP) are race, color, national origin, age, sex, and disability.

Types of Discrimination Disparate treatment - Someone of a protected class who is treated differently may sue the agency. Disparate impact - Results from action or rule from the complaint about the agency. Reprisal/Retaliation - Negative treatment due to prior civil rights activity by an individual or his/her family or known associates or for cooperating with an investigation – they may sue the agency.

Exceptions Congress can establish a program that is intended for certain groups of people, and it is not discrimination to exclude those who do not meet eligibility requirements. For example, Congress can set age limits, and this is not age discrimination or disability discrimination for those who do not meet the age limits.

Confidentiality Maintain confidentiality: It is not appropriate to talk abut who is receiving benefits and to make remarks about them. Never share information with others regardless of an expression of good intentions. Refer all requests for information to managers. What happens at the site stays at the site. The exception, of course, is any illegal or inappropriate behavior that should be reported to state or federal officials.

Sexual Harassment Sexual harassment is prohibited. Do not engage in or tolerate unwanted or unwelcome sexual behaviors, such as jokes, touching, requests for sexual favors, etc. Report violations to management, state, or federal officials.

2004 “Equal Opportunity for Religious Organizations” Regulations Protect Faith-Based Organizations Faith Based Organizations (FBOs) and Community Based Organizations (SBOs) have equal footing. Prohibits discrimination against an organization on the basis of religion, religious belief or character in the distribution of funds. Clarifies that FBOs can use space in their facilities without removing religious art or symbols.

Law Protects Beneficiaries No organization that receives direct assistance from the USDA can discriminate against a beneficiary or prospective beneficiary on the basis of religion or religious belief. FBOs retain their independence and carry out their mission, as long as USDA funds (or activities) do not support worship, religious instruction or proselytization.

Training All who work with Food and Nutrition Service (FNS) funded programs must be trained. First line workers (including volunteers) and supervisors must receive annual training. There are flexibilities in how training is provided.

Civil Rights Required Training Topics Collection & use of data Effective public notification systems Reasonable accommodation of people with disabilities Language assistance Complaint procedures Compliance review techniques Resolution of non compliance Conflict resolution Customer Service

Collection & Use of Data Data collected about beneficiaries should be kept secure and confidential. Outreach efforts can be targeted.

“And Justice for All” Poster Prominently display the “And Justice for All” poster. This poster serves as a trademark indicating the site provides a USDA program without discrimination based on race, color, national origin, age, sex, or disability. Agencies can download and print from the FNS CR website Printable USDA Civil Rights Poster http://www.fns.usda.gov/cr/justice.htm Preferable to print in 11”x 17” format.

Public Notification Public notification (also called “Outreach”) is a part of Civil Rights compliance. Discrimination based on race, color, national origin, age, sex, and disability is prohibited. Special efforts should be made to reach underserved groups who may qualify for services using appropriate media. Information should be provided in different formats and languages to meet all levels of ability. All materials, including websites, must contain the USDA non-discrimination statement. Convey the message of equal opportunity through photos and graphics in program-related information.

Non-Discrimination Statement “In accordance with Federal law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, disability, and reprisal or retaliation for prior civil rights activity.” Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible State or local Agency that administers the program or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information is available in languages other than English. To file a complaint alleging discrimination, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at http://www.ascr.usda.gov/complaint_filing_cust.html, or at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: Mail: USDA, Director, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410 FAX: (202) 690-7442; or Email: program.intake@usda.gov “USDA is an equal opportunity provider and employer.”

Reasonable Accommodation Ensure Access for People with Disabilities!! Parking lot, entrances & exits, halls, elevators, restrooms, sign language interpreters, Braille signage, service animals. Alternative arrangements for service.

Language Assistance People with Limited English Proficiency (LEP) need to be served in other languages. Outreach in other languages is important. Service must be provided - as well as being flexible in how service is provided.

Shortage of resources does not eliminate this requirement!! Language Assistance How service is provided depends on: Number and proportion of LEP persons served. Frequency of LEP persons’ contact with program. Nature & importance of program. Resources available and costs. Shortage of resources does not eliminate this requirement!!

Language Assistance Children who are minors should not be used as interpreters. Volunteers may be used, but make sure they understand interpreter ethics—particularly confidentiality! See www.lep.gov for more information.

Compliance Investigation Everyone has the right to file a discrimination complaint. All staff and volunteers need to know what to do if someone wants to file a complaint. Be aware of the bases for which complaints may be filed: race, color, national origin, age, sex, and disability. Never discourage anyone from filing a complaint or voicing concerns of discrimination.

Compliance Investigation The State and Federal governments are required to conduct reviews to determine compliance with civil rights laws, regulations and requirements. Cooperation with State and Federal reviewers is required as a condition of receiving Federal financial assistance. There are pre-award, post-award and special compliance reviews.

Compliance Reviews Pre-award, post award, and special. Check for non-discrimination and ensure civil rights requirements are being followed.

Resolution Of Noncompliance Corrective Actions: Cease inappropriate actions. Institute appropriate procedures. Failure/Refusal can result in loss of federal assistance!

Advise people who allege discrimination about how to file a complaint. They may write to: 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). In the Midwest Region they may also write to Regional Director, Civil Rights/EEO, 77 W. Jackson Blvd., FL 20, Chicago, IL 60604-3591 or call (312) 353-3353. Almost all complaints are referred to the Chicago office for investigation and are actually investigated by staff from FNS field offices located in the state where the complaint originated.

Conflict Resolution Try to remain calm. Try to explain the situation. Get help, especially if threats or if violence is possible. Use Alternative Dispute Resolution (ADR) techniques.

“Treat others the way they want to be treated.” Customer Service Platinum Rule “Treat others the way they want to be treated.” Double Platinum rule “Treat others the way they don’t even know they want to be treated”. Anticipate, anticipate, anticipate.  Don’t just meet your customer’s expectations, EXCEED them.

Questions?