USDA Civil Rights and Special Nutrition Programs

Training Objectives Demonstrate knowledge of Civil Rights requirements for Special Nutrition Programs Develop and implement policies and procedures to ensure compliance with all USDA requirements Ensure that benefits of Special Nutrition Programs are made available to all eligible participants in a non- discriminatory manner

Discrimination Defined Different treatment which makes a distinction of one person or group of persons from others Intentionally; By neglect; or By the actions or lack of actions based on the protected class

“The Four D’s”

Examples of Discrimination Refusing a participant’s enrollment based on disability Failing to provide reasonable accommodations to disabled individuals Serving meals at a time, place, or manner that is discriminatory Selectively distributing applications Failing to provide the same eligibility criteria to all participants

Protected Classes Race Color National Origin Age Sex Disability

Components of Civil Rights Compliance  Public Notification System  Outreach and Education  Civil Rights Complaint Procedures  Data Collection  Reasonable Accommodations  Technical Assistance and Training  Customer Service  Conflict Resolution

Public Notification: Components Program availability Each agency or other sub-recipient must take action to inform potentially eligible persons of their program rights. Complaint information Applicants and participants must be advised at the service delivery point of their right to file a complaint, and the complaint process. Non discrimination statement Institutions must communicate the non- discrimination statement

Public Notification: Methods Outreach--Inform potentially eligible applicants about the program Provide information in alternative formats available for those with disabilities, i.e. Spanish Include non discrimination statement on all informational material provided to the public Convey equal opportunity message in all pictures that are used to provide program information Prominently display the “And Justice for All” poster, and, for programs serving children), the “Building for the Future” poster

Non-Discrimination Statement Institutions are required to use the following language on all informational materials: The U.S. Department of Agriculture (USDA) 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 if 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 or at any USDA office, or call (866) 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 , by fax (202) or at Individuals who are deaf, hard of hearing, or have speech disabilities and wish to file either an EEO or program complaint please contact USDA through the Federal Relay Service at (800) or (800) (in Spanish). Persons with disabilities who wish to file a program complaint, please see information above on how to contact us by mail directly or by . If you require alternative means of communication for program information (e.g., Braille, large print, audiotape, etc.) please contact USDA's TARGET Center at (202) (voice and TDD). USDA is an equal opportunity provider and employer.

Non-Discrimination Statement If the material or document is too small to permit the full statement to be included (one 8 ½ x 11 page front and back or less), the material MUST, at a minimum, include the following: “This institution is an equal opportunity provider and employer.”

Examples of Informational Materials Enrollment Forms Menus Employee HandbooksNewsletters BrochuresFlyers Parent/Student HandbooksWebsites Print or Broadcast Advertisements

Outreach and Education Reach as many potential children as possible. Ensure program access. Identify and pay particular attention to under- represented groups. Include the required nondiscrimination statement on all appropriate special nutrition program and agency publications, web sites, posters, and informational materials. When using graphics, reflect diversity and inclusion.

Complaint Procedures Sponsors are required to develop and implement a written Civil Rights Complaint Procedure for handling any discrimination complaint that may be received. If the complaint form if returned to Sponsor, Sponsor must forward the form to the USDA within 3 working days. Civil Rights Complaint Form completed Complaint documented in Civil Rights Complaint Log Complaint received by sponsor

Recognizing a Civil Rights Complaint A complaint of unequal treatment may be: Verbal In writing Observed

Submitting a Complaint A Civil Rights Complaint Form must be readily available at all sites. Sponsors must make every effort to assist a complainant and make reasonable accommodation for complainants with a disability.

Submitting a Complaint To file a complaint of discrimination: Write: U.S. Director Office on Adjudication 1400 Independence Avenue SW Washington, DC Call: (800) or (202)

Deadline for Filing a Complaint A complaint can be filed within 180 days of the alleged discriminatory action. A waiver of the 180 day filing deadline may be granted for the following reasons: (1) the discriminatory act could not reasonably be expected to be known within the 180-day period; (2) illness or incapacitation; (3) the same complaint was filed with another Federal, state, or local agency; and (4) any other basis determined by the Director of the Office of Adjudication.

Civil Rights Complaint Log All complaints must be documented in the Civil Rights Complaint Log. Log must be dated and kept current for 3 years + the current year, even if no complaints have been received. If no complaints have been received, sponsors should document “no complaints received” in the Log at the end of the fiscal year.

Racial and Ethnic Data Reporting Ethnic and racial data is used to determine how effectively your program is reaching potentially eligible children and where outreach may be needed. Sponsors are required to collect racial and ethnic data annually and maintain the data on file.

Collecting and Reporting Data Establish a system to collect ethnic and racial data on participants annually It is optional for participants to provide sponsors information, but it is a requirement for sponsors to collect it annually. Data collectors may not second guess, change, or challenge a self-declaration of ethnicity and race made by a participant unless such declarations are blatantly false

How and What Data to Collect Two Step Process: Step 1: Ethnicity Categories (Specify “mark one”) Hispanic or Latino Non-Hispanic or Non-Latino Step 2: Racial Categories (Specify “mark one or more”) American Indian or Alaskan Native Asian Black or African American Native Hawaiian or other Pacific Islander White

Methods for Determining Ethnic Data Information provided by the participant (preferred) Income Eligibility Statements Enrollment Forms If a participant/family chooses not to provide racial/ethnic information, you may use one of the following two methods: Visual identification by a staff person or sponsor Personal knowledge, records or other documentation the institution possesses that identifies household racial/ethnic data

Reasonable Accommodations: Disability A “person with a disability” means any person who has a physical or mental impairment which substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment.

Reasonable Accommodations: Disability Provide facilities for participants with disabilities Example: accessible parking lots, entrances and exits, halls, elevators, rest rooms, service animals, Braille signage, alternative arrangements for service Provide appropriate information in alternative formats for persons with disabilities Example: Braille program materials, sign language interpreters Provide food substitutions for students with disabilities when documented in writing by a licensed physician

Reasonable Accommodations: Disability All sponsors participating in Special Nutrition Programs are required to provide food substitutions or modifications if: A medical statement is on file that describes the participant’s disability and what foods must be omitted and indicates the substitutions or modifications that the participant needs

Reasonable Accommodations: Limited English Proficiency (LEP) Definition: Individuals who do not speak English as their primary language and have a limited ability to read, speak, write, or understand English. Upon request, make available to the public, participants, and potential participants information about program eligibility, benefits, services, and procedures for filing a complaint, in English and/or in the appropriate translation If needed, the use of alternative means of communication (Braille, large print, audiotape, etc.) is required

Technical Assistance and Training All sponsors and staff who work with the Special Nutrition Program must receive training on all aspects of civil rights compliance annually. Sponsors must retain training records of the people who received civil rights training.

Customer Service All participants must be allowed equal opportunities to participate in Special Nutrition programs regardless of race, color, national origin, sex, age, or disability. All participants must be treated in the same manner (i.e. seating arrangements, serving lines, services and facilities, assignment of eating periods, methods of selection for application approval processes).

Conflict Resolution The USDA recommends using an Alternative Dispute Resolution (ADR) program: ADR Definition: Use of a neutral third party (usually a person acting as a facilitator) to resolve informally a complaint of discrimination through use of various techniques such as fact finding, mediation, peer panels, facilitation, ombudsman support, or conciliation. For more information, go to: sp

A Review: Required Components of Civil Rights Compliance  Public Notification System  Outreach and Education  Civil Rights Complaint Procedures  Data Collection  Reasonable Accommodations  Technical Assistance and Training  Customer Service  Conflict Resolution

Questions?