C HILD A ND A DULT C ARE F OOD P ROGRAM C IVIL R IGHTS R EQUIREMENTS Civil Rights Compliance and Enforcement - Nutrition Programs and Activities - FNS Instruction Revised 11/8/2005

USDA’s Civil Rights Goals  Equality  Empowerment  Access  Dignity DISCRIMINATION X

CACFP C IVIL R IGHTS R EQUIREMENTS T OPIC : C IVIL R IGHTS W HERE CAN YOU FIND ALL OF THE CIVIL RIGHTS REQUIREMENTS FOR USDA NUTRITION PROGRAMS ? a)The CACFP regulations (7 CFR § 226) b)FNS Instruction 796-2, rev. 3 c)FNS Instruction d)DCMR Title 4 FNS Instruction 113-1: Civil Rights Compliance and Enforcement – Nutrition Programs and Activities

T OPIC : USDA P ROTECTED C LASSES W HICH OF THE FOLLOWING IS TRUE REGARDING RELIGIOUS AND FAITH - BASED ORGANIZATIONS ? a)They cannot use USDA funding for evangelization or proselytization b)They cannot display religious symbols in program space c)They are protected from discrimination as a USDA protected class d)They may limit program participation to members of their faith e)All of the above CACFP C IVIL R IGHTS R EQUIREMENTS

T OPIC : USDA P ROTECTED C LASSES H OW MANY PROTECTED CLASSES HAS USDA ESTABLISHED FOR THE C HILD AND A DULT C ARE F OOD P ROGRAM ? a)4 b)5 c)6 d)8 Six protected classes: RACE, COLOR, NATIONAL ORIGIN, SEX, AGE & DISABILITY CACFP C IVIL R IGHTS R EQUIREMENTS

T OPIC : C IVIL R IGHTS L AWS W HICH OF THE FOLLOWING LAWS DOES NOT PROVIDE THE BASIS FOR THE USDA PROTECTED CLASSES ? a)The Civil Rights Act of 1964 b)The Gender Equality Act of 1968 c)The Education Amendments of 1972 d)The Rehabilitation Act of 1973 e)The Americans with Disabilities Act of 1990 CACFP C IVIL R IGHTS R EQUIREMENTS

T OPIC : C IVIL R IGHTS L AWS W HICH OF THE FOLLOWING LAWS DOES NOT PROVIDE THE BASIS FOR THE USDA PROTECTED CLASSES ? a)The Civil Rights Act of 1964 – Race, color, national origin, sex b)The Gender Equality Act of 1968 – Not a real law c)The Education Amendments of 1972 – Sex d)The Rehabilitation Act of 1973 – Disability e)The Americans with Disabilities Act of 1990 – Disability Also: Age Discrimination Act of 1975 (age) CACFP C IVIL R IGHTS R EQUIREMENTS

T OPIC : DC P ROTECTED C LASSES H OW MANY PROTECTED CLASSES HAS THE D ISTRICT OF C OLUMBIA ESTABLISHED ? a)9 b)11 c)12 d)14 CACFP C IVIL R IGHTS R EQUIREMENTS

DC Protected Classes  Marital status  Personal appearance  Sexual orientation  Gender identity or expression  Family responsibilities  Familial status  Source of income  Place of residence or business  Genetic information  Matriculation  Political affiliation

CACFP C IVIL R IGHTS R EQUIREMENTS T OPIC : T YPES OF D ISCRIMINATION W HICH OF THE FOLLOWING IS NOT A TYPE OF DISCRIMINATION ? a)Not accommodating someone in a protected class b)Treating people in a protected class differently from others c)Excluding participants outside of your program’s scope d)Retaliating against someone for filing a civil rights complaint

CACFP C IVIL R IGHTS R EQUIREMENTS T OPIC : T YPES OF D ISCRIMINATION W HICH OF THE FOLLOWING IS NOT A TYPE OF DISCRIMINATION ? a)Not accommodating someone in a protected class b)Treating people in a protected class differently from others c)Excluding participants outside of your program’s scope d)Retaliating against someone for filing a civil rights complaint T OPIC : T YPES OF D ISCRIMINATION W HICH OF THE FOLLOWING IS NOT A TYPE OF DISCRIMINATION ? a)Unintentional discrimination – disparate impact b)Intentional discrimination – disparate treatment c)Not discrimination d)Intentional discrimination – retaliation / reprisal

CACFP C IVIL R IGHTS R EQUIREMENTS T OPIC : A SSURANCES W HAT ARE ORGANIZATIONS REQUIRED TO ASSURE IN ORDER TO RECEIVE USDA FUNDS ? a)That they will not discriminate against protected classes b)That they will follow all applicable laws, regulations, policies, guidance, and instructions c)That they will maintain civil rights data and documentation d)That they will allow civil rights compliance reviews e)All of the above

CACFP C IVIL R IGHTS R EQUIREMENTS T OPIC : A NNUAL T RAINING N ORMA ’ S H OUSE OF L OVE CDC HELD C IVIL R IGHTS TRAINING FOR FRONTLINE STAFF ON A UGUST 3 RD. O N O CTOBER 5 TH, A NEW TEACHER NAMED T INA BEGINS WORKING AT THE CENTER. W HEN SHOULD T INA RECEIVE HER FIRST TRAINING ON C IVIL R IGHTS ? a)Within three months b)Next year at the center’s annual civil rights training c)When the State Agency has time to train her d)During her new staff member orientation All frontline staff must receive civil rights training initially and annually thereafter.

CACFP C IVIL R IGHTS R EQUIREMENTS T OPIC : D ATA C OLLECTION W HICH IS TRUE ABOUT ANNUAL CIVIL RIGHTS DATA COLLECTION ? a)USDA uses the data to direct the integration of programs b)The State Agency requires institutions to report March data c)Institutions report data on actual participants and the eligible population d)Institutions must require participants to identify their race and ethnicity for the annual report

CACFP C IVIL R IGHTS R EQUIREMENTS T OPIC : R EASONABLE A CCOMMODATIONS W HEN ARE MEAL SUBSTITUTIONS REQUIRED ? a)When a licensed physician indicates that the participant has a disability and the accommodation does not present undue financial burden b)When a recognized medical authority states that the participant has a special dietary need c)When a recognized medical authority indicates that the participant has a disability, regardless of cost d)When the parent requests a substitution

CACFP C IVIL R IGHTS R EQUIREMENTS T OPIC : R EASONABLE A CCOMMODATIONS W HAT SHOULD YOU DO IF YOU CANNOT ACCOMMODATE A PARTICIPANT WITH A DISABILITY ? a)Hire additional staff who know how to care for the participant b)Terminate the participant immediately c)Work with the family and State Agency to identify a provider equipped to care for the participant d)Request additional funding from the State Agency to accommodate the participant.

CACFP C IVIL R IGHTS R EQUIREMENTS T OPIC : P UBLIC N OTIFICATION P UBLIC NOTIFICATION HAS THREE ELEMENTS. W HICH OF THE FOLLOWING IS NOT ONE OF THE THREE ? a)Description of program availability b)Information on filing a complaint of discrimination c)A statement of non-discrimination d)Data reporting

CACFP C IVIL R IGHTS R EQUIREMENTS T OPIC : P UBLIC N OTIFICATION W HICH OF THE FOLLOWING IS THE APPROPRIATE ABBREVIATED NON - DISCRIMINATION STATEMENT ? a)“This institution is an equal opportunity provider.” b)“This institution does not discriminate.” c)“This institution provides meals to all regardless of race, color, national origin, sex, age, or disability.” d)“USDA is an equal opportunity provider.”

CACFP C IVIL R IGHTS R EQUIREMENTS T OPIC : L ANGUAGE A SSISTANCE W HAT FACTORS SHOULD YOU CONSIDER WHEN DETERMINING THE NECESSARY LEVEL OF LANGUAGE ASSISTANCE TO OFFER ? a)The number and proportion of LEP persons served or encountered in eligible populations b)The frequency of LEP persons’ contact with your program c)The nature and importance of your program or service d)Your available resources and the costs of providing assistance e)All of the above

CACFP C IVIL R IGHTS R EQUIREMENTS T OPIC : C ONFLICT R ESOLUTION H OW CAN YOU HELP TO RESOLVE CONFLICTS ? a)Fire staff members who create conflict b)Stay out of the issue and let others resolve the problem on their own c)Have a written policy for dealing with problem behaviors d)Keep a good lawyer on speed dial.

CACFP C IVIL R IGHTS R EQUIREMENTS T OPIC : C USTOMER S ERVICE W HICH OF THE FOLLOWING IS NOT GOOD CUSTOMER SERVICE ? a)Treating others the way you want to be treated b)Making sure you get the last word c)Being patient and polite d)Explaining the policies and the consequences of noncompliance

CACFP C IVIL R IGHTS R EQUIREMENTS T OPIC : C OMPLAINT P ROCEDURES W HICH STATEMENT IS CORRECT ? a)Complaints must specifically relate to a protected class b)Complaints of discrimination can be verbal or written c)Institutions and State Agencies are required to have complaint forms available d)Institutions and State Agencies should immediately notify USDA of potential civil rights issues e)Individuals have 90 days to file a complaint from the date of the incident

CACFP C IVIL R IGHTS R EQUIREMENTS T OPIC : C OMPLIANCE R EVIEWS W HO CONDUCTS COMPLIANCE REVIEWS ? a)USDA Office of the Assistant Secretary for Civil Rights b)USDA Regional Offices c)State Agencies d)Participating Institutions e)All of the above USDA OASCR  Regional Offices  State Agencies  Participating Institutions  Sites

CACFP C IVIL R IGHTS R EQUIREMENTS T OPIC : C OMPLIANCE R EVIEWS W HICH OF THE FOLLOWING IS NOT A TYPE OF COMPLIANCE REVIEW ? a)Pre-Award b)Post-Award c)Investigative d)Special

CACFP C IVIL R IGHTS R EQUIREMENTS T OPIC : R ESOLUTION OF NONCOMPLIANCE W HICH OF THE FOLLOWING ACTIONS IS THE FIRST STEP IN RESOLVING NONCOMPLIANCE ? a)Getting an assurance from the institution that they will comply with civil rights requirements in the future b)Request a corrective action plan to achieve voluntary compliance c)Terminating the institution from the CACFP d)Initiating legal action against the institution

T IE B REAKER H OW MANY RACIAL CATEGORIES HAS USDA ESTABLISHED, AND WHAT ARE THEY ?

T IE B REAKER : A NSWER USDA has established six (6) protected classes:  Race  Color  National Origin  Sex  Age  Disability