MONTANA SFMNP CIVIL RIGHTS TRAINING

ASSURANCES  To qualify for Federal financial assistance, an application must include a written assurance in all agreements between State and local agencies that the program will be operated in a non-discriminatory manner.  USDA is responsible for monitoring State agencies and state agencies are responsible for reviewing, approving, and monitoring subrecipient’s local agency agreements. 2

PUBLIC NOTIFICATION  All materials must contain the non-discrimination statement that no person will be denied program benefits on the grounds of race, color, national origin, age, sex, or disability.  Convey the message of equal opportunity in all photos and other graphics that are used to provide program or program related information. 3

PURPOSE:  All local agencies must comply with USDA regulations on nondiscrimination and the following requirements: 4

NO PERSON CAN BE DENIED BENEFITS BASED ON:  Race  Color  National Origin  Age  Sex  Disability 5

RACIAL – ETHNIC GROUPS  Ethnicity:  Hispanic or Latino  Not Hispanic or Latino  Race:  White  American Indian or Alaskan Native  Black or African American  Asian  Native Hawaiian or other Pacific Islander 6

RACE, COLOR, NATIONAL ORIGIN  Title VI and VII of the Civil Rights Act,

RACIAL AND ETHNIC DATA IS COLLECTED BY EACH LOCAL AGENCY DURING THE APPLICATION PROCESS The State must request this data in case it is needed by the Federal Government. 8

IDENTIFICATION:  RACE refers to a biological subspecies consisting of a more or less distinct population with anatomical traits that distinguish it clearly from other races  ETHNICITY refers to selected cultural or heritage characteristics used to classify people into groups or categories considered to be significantly different from others. 9

RACE VERSUS ETHNICITY  Ethnic groups are not races, since ethnicity can be more precisely defined than race.  Membership in an ethnic group does not relate a person necessarily to a particular territory in the way that nationality does.  Ethnicity can cut across racial categories.  Hispanics may be any combination of Native American, European, African and Asian races. 10

IDENTIFICATION:  Self-identification is the preferred means of obtaining information about an individual’s race and ethnicity  Staff will determine race and ethnicity based on visual observation if the applicant fails to respond. 11

IDENTIFICATION:  You must CLEARLY explain that the information is only for statistical use by USDA and WILL NOT be used for any other purpose  It has NO effect on eligibility 12

RECORDS  Records with racial/ethnic data include such things as participant applications  Records must be kept for 3 years after close-out of the federal fiscal year in which the client was terminated  Safeguards must be maintained that prevent the use of this information for discriminatory purposes 13

NON-DISCRIMINATION STATEMENT Full Statement The U.S. Department of Agriculture 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 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. (Continued) 14

NON-DISCRIMINATION STATEMENT (Continued) 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 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 may contact USDA through the Federal Relay Service at (800) ; or (800) (Spanish). USDA is an equal opportunity provider and employer.” 15

NON-DISCRIMINATION STATEMENT  Found on the SFMNP application form and participant handout  MUST be read to or read by each participant or authorized representative  MUST be signed by participant or authorized representative / proxy 16

EXAMPLES OF DISCRIMINATION:  Exclusion of eligible persons based on race, color, national origin, age, sex, or disability  Inequitable service or allocation of coupons/food based on the above  Issuance of coupons in a place, time, or manner that results in denying or limiting benefits to a specific group 17

EXAMPLES OF DISCRIMINATION CONTINUED :  Segregation of persons in waiting rooms or by the way they are scheduled  Failure to apply the same eligibility criteria to all potentially eligible persons  Certification of potentially eligible persons based solely on race, color, national origin, age, sex, or disability  Maintaining waiting lists based on the above criteria 18

RIGHT TO FILE A COMPLAINT  Any person alleging discrimination on the basis of race, etc. can file a complaint within 180 days of the alleged discriminatory action 19

ALL CIVIL RIGHTS COMPLAINTS WILL BE ACCEPTED:  Written  Oral  Anonymous 20

WHAT TO DO  Notify the SFMNP Coordinator immediately  Provide forms for written complaints OR  Take detailed notes of oral complaints  Complaints must be reported immediately  Send reports to: USDA, 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 may contact USDA through the Federal Relay Service at (800) ; or (800) (Spanish). and to the SFMNP Coordinator. 21

COMPLAINT REQUIREMENTS  Name, address, and telephone number or other means of contacting the person alleging discrimination, (Complainant).  Location and name of the organization or office accused of discrimination practices, (Respondent).  Nature of the incident, action of the program leading the person to allege discrimination.  Reason for the alleged discrimination, including which protected class was allegedly violated (i.e. age, race, color, national origin, sex, disability. ) 22

MORE COMPLAINT REQUIREMENTS  Names, titles, and addresses of persons who may have knowledge of the alleged discriminatory act.  Dates on which the alleged discriminatory act occurred.  Any receipt of a civil rights complaint will be acknowledged, within 5 days of receipt, with an explanation to the complainant of the action planned.  Civil Rights complaints will be forwarded immediately to the address on the Civil Rights “And Justice for All” poster. 23

COMPLIANCE  Programs and farmers will be reviewed for compliance  Compliance reviews will be bi-annual in each area  Reviews will be conducted by State Agency staff 24

NON-COMPLIANCE  Complaints handled according to DPHHS procedures  Sanctions against the program or farmer, including contract cancellation, are possible  Programs and farmers have the right to appeal any sanctions imposed, including disqualification, but not the expiration of the contract 25

LANGUAGE ASSISTANCE  The State and local agency have the responsibility to provide and pay for an interpreter upon request to a hearing impaired applicant.  The State and local agency must assist all limited English proficient applicants in signing up for the program.  Assistance is also required for all sight impaired applicants. 26

REASONABLE ACCOMMODATION FOR PERSONS WITH DISABILITIES  Agencies should ensure access for people with disabilities (e.g. parking lots, entrances and exits, halls, elevators, restrooms, and service animals) or alternative arrangements for service. You do not have to alter your building, but if it is not accessible for a person to come in, then someone may take the paperwork to the client.  Help with completing paperwork (reading the materials, marking signature lines)  The State’s TTY number is (800)

CONFLICT RESOLUTION  Remain calm and explain the situation  Get help, especially if threats are made or if violence is possible  Use alternative dispute resolution (ADR) techniques. More information can be found at: 28

CUSTOMER SERVICE Guidelines to assist you in providing superior service to your clients:  Be patient  Be polite  Avoid sarcasm  Be empathetic  Make people feel welcome and valued – smile when appropriate  Explain policies and let individuals know that there are consequences if policies are not adhered to  Don’t be afraid to apologize  Don’t feel you need to have the last word 29