The Emergency Food Assistance Program (TEFAP) 2019 CIVIL RIGHTS TRAINING The Emergency Food Assistance Program (TEFAP)

Agenda Civil Rights and discrimination Effective public notification systems Written notification for religious organizations Requirements for language assistance Reasonable accommodation of persons with disabilities Complaints procedures Resolution of non-compliance Customer service and conflict resolution We will be covering the definition of civil rights and the laws and regulations as well as the areas of compliance we must adhere to. We will also discuss customer service and conflict resolution suggestions.

Civil Rights The rights of personal liberty guaranteed to U.S. citizens by the 13th and 14th Amendments of the Constitution and Acts of Congress Goals of civil rights Equal and consistent treatment for all Knowledge of rights and responsibilities Eliminate illegal barriers Provide an atmosphere of dignity and respect Goals of Civil Rights: Equal and consistent treatment for all applicants Knowledge of rights and responsibilities Eliminate illegal barriers that prevent or deter people from receiving food Provide an atmosphere of dignity and respect for all

What is Discrimination? 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 their protected classes.

Six (6) Protected Classes Age Color Disability National origin Race Sex Classes that are not protected under TEFAP: religion, political beliefs, marital status, familial status, sexual orientation, genetic information, income derived from public assistance. However, you still cannot discriminate under these categories, per the member agency agreement.

Types of Discrimination Differential Treatment Refusing service, providing different service, or using different eligibility criteria for certain applicants Disparate Impact Discrimination that is not intentional, but has that effect Reprisal/Retaliation Negative treatment of someone because they filed a complaint Applicants or participants allege different treatment based on the protected classes. Intentional – read slide Unintentional – Refers to policies, practices, rules or other systems that appear neutral but result in a disproportionate impact on protected groups 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. Also, a form of intentional discrimination. In order to reduce the risk of a civil rights discrimination complaint, ask yourself the following questions each time an applicant comes to your program: Am I treating this person in the same manner that I treat all others? Have I given this person the opportunity to clarify all relevant factors/inconsistencies? Have I told this person exactly what information I need for the intake process?

Nondiscrimination 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. (Not all prohibited bases apply to all programs.) 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: U.S. Department of Agriculture 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. This institution is an equal opportunity provider

Nondiscrimination Statement All public information related to TEFAP must contain the nondiscrimination statement. Long version vs. short version “This institution is an equal opportunity provider.” Must be in font size no smaller than font size used in rest of publication. May not be used in place of long statement on clients’ rights documents.

And Justice for All Poster Must be posted where eligibility forms are completed and/or where food or meals are being distributed Should be visible for all to see

Public Notification Public notification (also called “Outreach”) is a part of Civil Rights compliance. It informs potential clients of program availability, rights and complaint procedures Special efforts should be made to reach underserved groups who may qualify using a variety of formats and languages.

Public Notification and Outreach Methods Press releases – newspaper, TV station, online Signs – outside your facility, visible to anyone passing by, listed serving times Advertisements – newspaper, social media and TV Flyers – clinics, schools, libraries, public assistance offices, etc.

What Would You Do? There is a small Polish community in your service area that may benefit from TEFAP. Your organization wants to create a flyer in Polish to distribute. You have paid a translator, created and printed a flyer, but realized that you forgot the non-discrimination statement. Is it still okay to distribute the flyer?

Written Notification for Faith-Based TEFAP Agencies Policy #FD-138: Written Notice and Referral Requirements for participants receiving TEFAP benefits from religious organizations Faith-based or religious organizations that receive USDA foods or administrative funds for TEFAP must give written notice in the manner prescribed by policy memorandum number FD-138 to all beneficiaries and prospective beneficiaries of the right to be referred to an alternate provider when available.

Beneficiary Protections: Written Notice Religious organizations providing TEFAP services can comply with the federal regulations and meet the requirements for this guidance by posting a written notification which includes a complete list of beneficiary protections as described at the distribution locations in a prominent place visible to all participants and prospective participants. Recommend posting this next to your And Justice for All poster.

Beneficiary Protections: Referrals If a participant objects to the religious character of the organization that provides TEFAP, you must make reasonable efforts to refer the participant to an alternate provider, if available, to which the participant has no objection. The referral must be to an alternate provider, if available, that: Is in reasonable geographic proximity Offers services that are similar in substance and quality Has the capacity to accept additional clients BREAK

Limited English Proficiency (LEP) Who are persons with LEP? Individuals who do not speak English as their primary language and who have a limited ability to read, speak, write, or understand English. TEFAP participants must take reasonable steps to ensure “meaningful” access to their programs and activities by persons with LEP. Failure to provide “meaningful” access could be discrimination on the basis of national origin. All organizations receiving federal assistance have an obligation to reduce language barriers that can preclude meaningful access by LEP persons to important benefits, rights, programs and services.

Accommodation Examples for LEP Bilingual staff and volunteers Written translations (i.e. having Certification of Eligibility forms available in multiple languages) Use telephone interpreter lines – Refugee Health Program (FL Dept. of Health) 850.245.4310 Use technological advances to access translation websites (Google Translate) It’s important to remember that LEP applicants and participants cannot be asked to bring their own interpreters. The law requires that the local entity provide interpreters at no cost to the participants. However, community and advocacy groups are often good sources for free or low-cost language interpreters. If an applicant or participant is accompanied by someone who can translate, you can request to use them; you just cannot require that person provides their own interpreters. Children who are minors should not be used as interpreters. Volunteers may be used, but make sure they understand confidentiality!

Disability Compliance What is the definition of “disability”? A person who has a physical or mental impairment which substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such an impairment. Reasonable accommodations must be made for applicants and participants with disabilities when necessary. Provide the same level of service to applicants and participants in an alternative way.

Reasonable Accommodations Reasonable accommodations that do not cause undue hardship must be provided. A handicap accessible facility considers: Parking lots, entrances, exits, hallways, elevators, service access points, and restrooms

What Are Some Examples? Allowing a participant to designate a proxy or proxies to pick up their food Conducting telephone interviews or home visits for those who are homebound Providing qualified sign language interpreters for persons with hearing disabilities Reader services for blind or visually-impaired clients Allowing service animals at facility (REQUIRED)

Service Vs. Emotional Support Animals Under Title III of the federal ADA and FL Statute 413.08, a service animal has been trained to perform work or tasks for the benefit of the person with the disability. Emotional support animals (aka therapy or comfort animals) have not been trained to perform work or tasks. Under ADA and the State of Florida, only dog or miniature horse can serve as service animals.

How Can I Distinguish Between the Two? You may not ask about an individual’s disability, but you may ask: 1) Do you need the animal because of a disability? 2) What work or tasks has this animal been trained to perform?

Civil Rights Complaints Can be verbal or written Can be made to any staff member at the agency, the food bank, the Florida Department of Agriculture, or USDA Must be based on the six (6) protected classes Other complaints are program complaints Must have specific process and procedures in place for your agency

Program Complaints Program complaints are still very important You must have a process for handling program complaints Examples of program complaints: Not one of the protected classes Food safety/quality issues Customer service issues

Handling Civil Rights Complaints Listen to the person making the complaint Practice good customer service Write it down using the established form Immediately move complaint up to the person in charge

Processing Civil Rights Complaints A complaint is filed directly by client or sent to FDACS by agency If client direct - provide the client with a USDA complaint form or write down all information FDACS notifies USDA Complaint investigation and resolution determined by USDA

Formalize Civil Rights Complaint Process Write down your agency’s civil rights complaint process. Civil Rights Training must take place annually. New employees and/or volunteers should complete training before participating in program activities. You are responsible for making sure your volunteers and staff know your complaint process and have been trained on what was discussed today – especially your intake team.

Customer Service Treat everyone with dignity and respect Make sure that participants receive equal treatment and service “Equal” does not mean “identical” – Example: one participant receives corn, another receives green beans Do not do special favors for anyone that you are not prepared to provide for everyone Disabilities and language needs are not considered special favors, since they are required

Conflict Resolution Post your agency’s policy for unacceptable behavior and conflicts When conflict arises: Remain calm with your posture and tone Listen and be understanding (not judgmental) and don’t interrupt Identify the problem and possible solutions Follow-up with the client Get help, especially if threats are made or if violence is possible

Questions?