Civil Rights Training Midwest Region Minnesota WIC 2019

Why Do Civil Rights Requirements Apply? WIC is a Federally funded program WIC benefits & a portion of administrative costs are funded by the Federal government. To receive Federal financial assistance, an agency needs to sign assurances promising to comply with Federal civil rights requirements The State can impose additional requirements.

What are the Civil Rights Requirements for WIC? Do not discriminate based on race, color, national origin, age, sex, or disability -- protected classes. Conduct annual training for front line workers & supervisors. Provide public notification which includes displaying “…and Justice for All” poster & conducting outreach to under represented communities.

What are the Civil Rights Requirements for WIC? Collect and report data on race and ethnicity. Accommodate people with disabilities. Provide services in other languages for people with limited English proficiency (LEP). Cooperate with Federal and State reviewers and investigators by answering questions honestly and providing requested documents.

What are the Civil Rights Requirements for WIC? Understand complaint procedures and know where to refer people who want to file a civil rights complaint. Provide equal opportunity for faith- and community-based organizations to participate as appropriate. Promptly resolve noncompliance issues. Resolve conflicts & provide good customer service.

Sources of these Requirements Title VI Civil Rights Act of 1964 – Race, color, national origin Title IX of Education Amend’t of 1972 – Sex Section 504 of Rehab. 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 & regulations – race, color, national origin, sex, age, and disability

More sources…. USDA regulations: 7 CFR 15 et seq. 7 CFR 16 et. seq. (faith based) 7 CFR 246, WIC FNS Handbook 113-1 including Appendix D link: https://fns-prod.azureedge.net/sites/default/files/113-1.pdf http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=%2Findex.tpl

What is Discrimination? Discrimination is the act of illegally 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 their perceived or actual protected bases.

Discrimination Types Disparate treatment – intentional Disparate impact – intentional or unintentional – might be a policy or practice that impacts disproportionately on a group Retaliation for prior civil rights activity – applies to applicant/beneficiary and his/her family, known associates, and anyone who cooperated in a civil rights investigation including agency employees.

Discrimination Examples - Segregated seating in waiting areas or in accommodations such as washrooms. - Differences in waiting times based on protected class. - Facilities that are not accessible to people w/ disabilities including mobility, sight, hearing, and other conditions. - Requiring a person with limited English proficiency to bring an interpreter.

Discrimination Examples - Failing to advise a person w/ limited English proficiency that an interpreter will be provided by the Agency at no cost to the applicant or beneficiary. - Treating people disrespectfully based on membership in a protected class. - Locating an office in an area that is not accessible to people in certain minority groups due to lack of public transportation or other factors.

Discrimination Examples - Providing a different level of benefits based on membership in a protected class. - Requesting extra verification or documentation from people based on membership in a protected class.

Situation #1 The WIC program wants to make some changes to breast feeding promotion and sets up a community advisory panel to help make suggestions. What are the civil rights implications?

Not Discrimination - Limiting benefits to children under age five is not age discrimination. - Limiting certain benefits to pregnant and lactating women is not sex discrimination. WHY??? Congress can decide to provide programs that further societal goals by benefitting certain groups of people.

Training All who work with FNS funded programs must be trained. First line workers (including volunteers) & supervisors must receive annual training. Flexibilities in how training is provided.

Training Topics - Collection & use of data; - Effective public notification systems; - Complaint procedures; - Compliance review techniques; - Resolution of noncompliance; - Reasonable accommodation of people with disabilities; - Language assistance; - Conflict resolution; and - Customer service.

Situation #2 A WIC agency decides to provide computer based training on civil rights to its front line workers. Is this allowable? What are some other alternatives?

Data Collection Q: Why do local Health Departments have to collect data on ethnicity & race? A: Agencies are expected to analyze the data to determine where there might be disparities and under representation.

Data Collection Q: What data need to be collected? A: Everyone needs to identify: - whether as Hispanic/Latino or not Hispanic/Latino; and - as many of the 5 racial categories as are applicable.

Data Collection Q: What are the 5 racial categories? A: American Indian or Alaskan Native Asian Black or African American Native Hawaiian, Other Pacific Islander White

Data Collection Q: What if someone refuses to provide this information? A: Explain that it is a Federal requirement, and that if they choose not to answer, WIC staff will code for them based on the perceived race and ethnicity of the applicant or beneficiary. The rationale is that since discrimination is often based on perception, the perception of the person making the determination would probably be shared with others.

Situation #3 Someone has a Puerto Rican mother and a Polish father and would like to code both “Hispanic or Latino” and “Not Hispanic or Latino.” Is this allowed and why?

Public Notification The purpose of public notification is to insure that people understand: - program availability, - program rights & responsibilities, - the policy of nondiscrimination, & - the procedure for filing a complaint.

Public Notification Components of public notification: - Outreach - Displaying “And Justice for All…” poster - Including nondiscrimination statement (NDS) on all materials that mention WIC or any other program funded by USDA. - Providing information in other languages and by means accessible to people with disabilities. - Insuring that photos & graphics reflect diversity.

Situation #4 How would you go about ordering new non-discrimination posters? Should you wait until a review to provide new ones if old ones have been taken down or have been defaced? What information do local clinics have about ordering new posters?

Situation #5 There are people living in your community who may be eligible for WIC, but they are not participating. What are some reasons this might be happening? How could you find out why they are not participating? What might be done to increase participation?

Public Notification - NDS - Use correct one! There are different NDS depending on which laws, regulations, & directives apply. - Protected classes in WIC are race, color, national origin, age, sex, and disability. - Short version of NDS “This institution is an equal opportunity provider” may be used on noncritical documents and where long version does not fit. Be sure ti use proper font size - no smaller than other font size on the document). - Refer to FNS-113-1, pg 13-15 & WIC regulations 246.8(b).

Situation #6 Where does the USDA non-discrimination statement need to be included? What are the main differences between the long and short versions and when is one preferable as opposed to the other?

Situation #7 Do newspapers need to print the nondiscrimination statement in stories that they run about the WIC program? Why or why not?

Complaint Procedures - Despite following the rules & your best customer service, some people may feel that they have been subjected to discrimination. - Everyone has the right to file a discrimination complaint. - All staff need to know what to do if someone wants to file a complaint.

Complaint Procedures Be aware of the bases on which complaints may be filed: race, color, national origin, age, sex, & disability. - Never discourage groups/individuals from filing complaints or from voicing allegations of discrimination. - Know where to file a complaint: USDA - Offer complaint form: MOM Exhibit 1-P - FNS Instruction 113-1 outlines complaint investigation procedures.

Complaint Procedures Or fax: (202) 690-7442 USDA Director, To file a complaint, complainants may write to: USDA Director, Office of Adjudication 1400 Independence Ave SW Washington, D.C. 20250-9410 Or fax: (202) 690-7442 Or email: program.intake.usda.gov Or call: (866)632-9992 Federal Relay Service (800) 877-8339; or (800) 845- 6136 (Espanol) 

Complaint Procedures All agencies with 15 or more employees must have procedures for dealing with complaints alleging discrimination based on disability and sex. Regs: 7 CFR 15b.6 & 7 CFR 246.8(b) cover this requirement.

Situation #8 An applicant who is denied WIC benefits, alleges discrimination and wants to file a complaint. You know that discrimination was not a factor in the decision. What should you do?

Situation #9 A WIC manager is very angry that the person in the previous situation filed a discrimination complaint, took up a lot of her time and made her look bad. She tells her co-workers to watch out for this “troublemaker.” The next time the person visits, she encounters “attitude” from employees. What are the civil rights violations described here?

Situation #10 A person who is not eligible for, nor has ever applied for WIC, wants to file a civil rights complaint about disability access at a WIC site. Since the person has no connection to the program, what should you tell that person?

Compliance Reviews - The State & Federal gov’ts are required to conduct reviews to determine compliance w/ civil rights laws, regulations and requirements. - Types of reviews: pre-award, post- award and special compliance reviews. - To receive Federal financial assistance, entities must cooperate w/ reviewers & provide requested doc’s.

Resolution of Noncompliance Corrective Actions: - Cease inappropriate actions - Institute appropriate procedures Failure or refusal can result in loss of federal assistance from all federal sources!

Situation #11 The U.S. Department of Health and Human Services conducts a compliance review of MN Dept of Health and finds discrimination in child immunization programs. The State refuses to correct the problems and USDHHS initiates action to terminate funding. What implications does this have for WIC?

Reasonable Accommodations Reasonable accommodations include: - Parking lot, entrances & exits, halls, elevators, rest rooms, sign language interpreters, Braille signage, service animals - Alternative arrangements for service Check ADA guidelines for specifics: www.usdoj.gov/crt/ada/adahom1.htm

Situation #12 The WIC Clinic is located in rented space that does not have a ramp leading to the front door. What should be done?

Language Assistance - People w/ limited English proficiency (LEP) who do not know sufficient English to gain meaningful access to services need to be served in other languages. - National origin discrimination violating Title VI of Civil Rights Act of 1964. - Generally, service must be provided; flexibility in how it is provided.

Language Assistance How service is provided depends on: - number & proportion of LEP persons served or encountered in eligible population; - frequency of LEP persons’ contact w/ program; - nature & importance of program, activity, or service; and - resources available and costs. Shortage of resources does not eliminate requirement, except in cases of extreme hardship.

Language Assistance - Volunteers may be used, but make sure they understand interpreter ethics – particularly confidentiality. - Children should not be used as interpreters. See www.lep.gov for resources & information.

Situation #13 Someone comes to clinic and does not speak English. What should you do? Is there anything special that should be done if the clinic is located in an area with a large single language minority population that might be eligible for program benefits?

Situation #14 A WIC client who has limited English proficiency insists on using her 10 year old daughter as her interpreter. What should the clinic do? Would it make a difference if the child is mature beyond her age?

Conflict Resolution Conflicts are inevitable, so it’s best to be prepared! - Have a written and posted policy for dealing with unacceptable behavior and conflicts - Try to remain calm - Try to explain the situation - Get help, especially if threats/violence is possible - Use alternative dispute resolution (ADR) techniques when appropriate

Situation #15 How might a mediator be helpful in resolving a conflict involving WIC?

Customer Service - Avoid sarcasm. - Be patient & polite. - Avoid sarcasm. - Be empathetic. Understand that people may not know the rules or understand how programs work. They may be uncomfortable asking for help. - Smile when appropriate; make people feel welcome and valued. - Explain policy and let them know you will you must follow the rules. - Don’t be afraid to apologize. - Don’t feel you need to have the last word.

Customer Service - Do not treat people differently based on race, color, national origin, age, sex, or disability. - Do not impose policies that impact disproportionately on certain groups. - Do not retaliate against anyone who complains (or their family/friends) or against employees who cooperate with a civil right investigation.

Customer Service - Treat everyone with dignity & respect, and make people feel welcomed. - Do not do special favors for people that you are not prepared to do for everyone. - Accommodating people with disabilities or who have limited English proficiency is not a favor, but a right.

Situation #16 To provide good customer service by making sure there is an interpreter available, you require all people who have limited English proficiency and need an Estonian interpreter to schedule appointments on Fridays. Does this pose any civil rights problems?

Equal Opportunity for Religious Organizations USDA Regulations at 7 CFR 16 require equal opportunity for Faith Based Organizations (FBOs) and Community Based Organizations (CBOs).

Equal Opportunity for FBOs & CBOs Regulations Protect FBOs - Faith- and Community-Based Organizations have equal footing - Discrimination prohibited 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

Equal Opportunity for FBOs & CBOs Regulations Protect Beneficiaries - No organization that receives direct assistance from USDA can discriminate against a beneficiary or prospective beneficiary on the basis of religion or religious belief - FBOs retain their independence to carry out their mission, as long as USDA funds (or activities) do not support worship, religious instruction or proselytization

Situation #17 You receive a complaint from a well-known atheist who says he was not hired by a federally funded faith-based organization because of his religious views. He asks you to do something. What should you do?

Situation #18 An organization wants to distribute religious literature with the nutrition information and prescriptions given to WIC recipients. Is this allowable under the faith-based rules that prohibit discrimination against religious institutions?

Questions?

Contact Information Candace Wegerson MN WIC Civil Rights Officer Minnesota Department of Health Supplemental Nutrition Programs Phone: 218-302-6186 E-mail: candy.wegerson@state.mn.us www.health.state.mn.us/people/wic/index.html