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

USDA Protected Classes  Race  Color  National Origin  Age  Sex  Disability

Faith & Community Based Organizations Religion is not a protected class however religious discrimination is not allowed.

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 : C IVIL R IGHTS W HAT IS THE NAME OF USDA’ S C IVIL R IGHTS I NSTRUCTION WHICH ESTABLISHED COMPLIANCE AND ENFORCEMENT AGAINST DISCRIMINATION IN N UTRITION P ROGRAMS AND A CTIVITIES ? I T IS CALLED THE USDA I NSTRUCTION 113-1, C IVIL R IGHTS C OMPLIANCE AND E NFORCEMENT – N UTRITION P ROGRAMS AND A CTIVITIES.

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) 6 C) 8 B) 6 – RACE, COLOR, NATIONAL ORIGIN, SEX, AGE & DISABILITY

CACFP C IVIL R IGHTS R EQUIREMENTS T OPIC : F AITH & C OMMUNITY B ASED O RGANIZATIONS A RE YOU ALLOWED TO DISCRIMINATE BASED ON RELIGION ? NONO EVEN THOUGH RELIGION IS NOT CONSIDERED A PROTECTED CLASS, USDA DOES NOT ALLOW RELIGIOUS DISCRIMINATION.

CACFP C IVIL R IGHTS R EQUIREMENTS

Types of Discrimination  Unintentional  Disparate Impact  Intentional  Disparate Treatment  Reprisal/Retaliation

CACFP C IVIL R IGHTS R EQUIREMENTS

USDA’s Discrimination Prevention Methods A SSURANCES = A PROMISE THAT THE PROGRAM WILL BE OFFERED TO ALL WITHOUT DISCRIMINATION.

A NNUAL T RAINING A LL STAFF HAVE CIVIL RIGHTS RESPONSIBILITIES. USDA’s Discrimination Prevention Methods

CACFP C IVIL R IGHTS R EQUIREMENTS

T OPIC : A SSURANCES W HEN AN ORGANIZATION ACCEPTS FEDERAL FUNDS, THE ORGANIZATION IS REQUIRED TO COMPLY WITH CIVIL RIGHTS IN MOST ASPECTS OF PROGRAM OPERATIONS. T RUE OR F ALSE FALSE T HE ORGANIZATION IS REQUIRED TO COMPLY WITH CIVIL RIGHTS IN ALL ASPECTS OF PROGRAM OPERATIONS.

CACFP C IVIL R IGHTS R EQUIREMENTS T OPIC : A NNUAL T RAINING N ORMA ’ S H OUSE OF L OVE CDC SCHEDULED AND HELD IT ’ S C IVIL R IGHTS TRAINING FOR FRONTLINE STAFF ON S EPTEMBER 13 TH. O N D ECEMBER 20 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) NEXT YEAR AT THEIR ANNUAL CIVIL RIGHTS TRAINING B) WHEN THE S TATE A GENCY HAS TIME TO TRAIN HER C) IT SHOULD BE A PART OF HER NEW STAFF MEMBER ORIENTATION

CACFP C IVIL R IGHTS R EQUIREMENTS

D ATA C OLLECTION & A NALYSIS USDA’s Discrimination Prevention Methods  R ACE  E THNICITY  A CTUAL COUNT  E LIGIBLE POPULATION E LIGIBLE POPULATION

P UBLIC N OTIFICATION O UTREACH & C OMMUNICATION USDA’s Discrimination Prevention Methods

R EASONABLE A CCOMMODATIONS E NSURE ACCESS FOR PEOPLE WITH DISABILITIES USDA’s Discrimination Prevention Methods

L ANGUAGE A SSISTANCE S ERVICES MUST BE PROVIDED, BUT THERE IS FLEXIBILITY IN WHEN & HOW THEY ARE PROVIDED. USDA’s Discrimination Prevention Methods

CACFP C IVIL R IGHTS R EQUIREMENTS

T OPIC : D ATA C OLLECTION VISUAL IDENTIFICATION IS THE FIRST CHOICE METHOD FOR GATHERING RACE AND ETHNICITY INFORMATION FROM YOUR PARTICIPANTS. T RUE OR F ALSE FALSE T HE FIRST CHOICE IS WRITTEN SELF - IDENTIFICATION. T HE SECOND CHOICE IS VISUAL IDENTIFICATION.

CACFP C IVIL R IGHTS R EQUIREMENTS T OPIC : R EASONABLE A CCOMMODATIONS S UBSTITUTIONS ARE REQUIRED FOR DISABLED INDIVIDUALS AND MUST BE DOCUMENTED BY A LICENSED PHYSICIAN. T RUE OR F ALSE T RUE A N ORGANIZATION MUST MAKE THE APPROPRIATE FOOD SUBSTITUTIONS IF THE INDIVIDUAL ’ S PHYSICIAN HAS DOCUMENTED THAT THE INDIVIDUAL IS DISABLED AND THE ACCOMMODATION DOES NOT PRESENT UNDUE FINANCIAL BURDEN.

CACFP C IVIL R IGHTS R EQUIREMENTS T OPIC : R EASONABLE A CCOMMODATIONS S UBSTITUTIONS ARE PERMITTED FOR MEDICAL OR OTHER SPECIAL DIETARY NEEDS AND MUST BE DOCUMENTED BY A MEDICAL AUTHORITY. T RUE OR F ALSE T RUE A MEDICAL AUTHORITY CAN DOCUMENT THAT THE INDIVIDUAL HAS SPECIAL DIETARY NEEDS AND THOSE NEEDS MAY BE ACCOMMODATED BY THE ORGANIZATION.

CACFP C IVIL R IGHTS R EQUIREMENTS T OPIC : P UBLIC N OTIFICATION T HE FOLLOWING ARE THE THREE ELEMENTS OF A PUBLIC NOTIFICATION. W HICH ONE IS NOT ONE OF THE THREE ? A) P ROGRAM AVAILABILITY B) C OMPLAINT INFORMATION C) N ON - DISCRIMINATION S TATEMENT D) D ATA COLLECTION

CACFP C IVIL R IGHTS R EQUIREMENTS T OPIC : L ANGUAGE A SSISTANCE A LL STATE AGENCIES, LOCAL AGENCIES OR ORGANIZATIONS MUST TAKE REASONABLE STEPS TO PROVIDE MEANINGFUL ACCESS TO THE P ROGRAM. T HIS MEANS ALL ORGANIZATIONS MUST PROVIDE THE SAME LEVEL OF LANGUAGE ASSISTANCE. T RUE OR F ALSE FALSE O RGANIZATIONS MUST CONSIDER 4 FACTORS TO DETERMINE THE LEVEL OF LANGUAGE ASSISTANCE THEY MUST PROVIDE. 1) N UMBER & PROPORTION OF LEP PERSONS SERVED OR ENCOUNTERED IN ELIGIBLE POPULATIONS 2) F REQUENCY OF LEP PERSONS ’ CONTACT WITH THE P ROGRAM 3) N ATURE & IMPORTANCE OF YOUR PROGRAM, ACTIVITY, OR SERVICE 4)R ESOURCES AVAILABLE AND COSTS

CACFP C IVIL R IGHTS R EQUIREMENTS

C ONFLICT R ESOLUTION P OLICY & T RAINING USDA’s Discrimination Prevention Methods

C USTOMER S ERVICE T REAT OTHERS AS YOU WOULD LIKE TO BE TREATED. USDA’s Discrimination Prevention Methods

CACFP C IVIL R IGHTS R EQUIREMENTS

T OPIC : C ONFLICT R ESOLUTION H OW CAN YOU HELP TO RESOLVE CONFLICTS ? A) F IRE STAFF MEMBERS WHO CREATE CONFLICT B) S TAY OUT OF THE ISSUE AND LET OTHERS RESOLVE THE PROBLEM ON THEIR OWN C) H AVE A WRITTEN POLICY FOR DEALING WITH PROBLEM BEHAVIORS D) K EEP A GOOD LAWYER ON SPEED DIAL C) H AVE A WRITTEN POLICY FOR DEALING WITH PROBLEM BEHAVIORS

CACFP C IVIL R IGHTS R EQUIREMENTS T OPIC : C USTOMER S ERVICE W HAT IS MOST IMPORTANT TO REMEMBER ABOUT CUSTOMER SERVICE ? T REAT OTHERS AS YOU WANT TO BE TREATED.

CACFP C IVIL R IGHTS R EQUIREMENTS

C OMPLAINT P ROCEDURES N EVER DISCOURAGE COMPLAINT FILING OR THE VOICING OF DISCRIMINATION ALLEGATIONS. USDA’s Discrimination Identification Methods

C OMPLIANCE R EVIEWS P RE -A WARD, P OST - AWARD & S PECIAL USDA’s Discrimination Identification Methods

R ESOLUTION OF N ONCOMPLIANCE C EASE INAPPROPRIATE ACTIONS USDA’s Discrimination Identification Methods

CACFP C IVIL R IGHTS R EQUIREMENTS

T OPIC : C OMPLAINT P ROCEDURES W HICH STATEMENT IS CORRECT ? A) I NDIVIDUALS HAVE A RIGHT TO FILE A COMPLAINT B) C OMPLAINTS OF DISCRIMINATION CAN BE VERBAL OR WRITTEN C) I F THE COMPLAINT IS VERBAL, BEFORE IT IS FORWARDED ON, AN AGENCY REPRESENTATIVE MUST CONVERT THE INFORMATION INTO A WRITTEN DOCUMENT D) I F THE COMPLAINT IS NOT ABOUT ONE OF THE PROTECTED CLASSES, THE COMPLAINTANT SHOULD BE REFERRED TO THE P ROGRAM DIVISION E) A LL OF THE A BOVE

CACFP C IVIL R IGHTS R EQUIREMENTS T OPIC : C OMPLIANCE R EVIEWS W HO CONDUCTS COMPLIANCE REVIEWS ? A) O NLY USDA NATIONAL HEADQUARTERS B) CACFP R EGIONAL OFFICES, S TATE A GENCIES AND L OCAL AGENCIES C) O NLY S TATE A GENCIES B) CACFP R EGIONAL OFFICES REVIEW S TATE AGENCIES. S TATE AGENCIES REVIEW LOCAL AGENCIES. L OCAL AGENCIES REVIEW THEIR SITES.

CACFP C IVIL R IGHTS R EQUIREMENTS T OPIC : R ESOLUTION OF NONCOMPLIANCE W HICH OF THE FOLLOWING ACTIONS MAY BE TAKEN TO RESOLVE NONCOMPLIANCE ? A) I SSUING A CORRECTIVE ACTION PLAN B) T AKING THE ISSUE TO THE REGIONAL AND FEDERAL O FFICE OF C IVIL R IGHTS C) T ERMINATING THE ORGANIZATION FROM THE CACFP D) A LL OF THE ABOVE

Q UESTIONS ? Michele Sazo Regional Director of Civil Rights/EEO with the U.S. Dept. of Agriculture (USDA), Food and Nutrition Service (FNS) in the Mid-Atlantic Regional Office (MARO) CACFP C IVIL R IGHTS R EQUIREMENTS