ODJFS - BCR July 2008 FNS Instruction 113-1 Civil Rights Training for Food Stamp Programs and Activities.

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Presentation transcript:

ODJFS - BCR July 2008 FNS Instruction Civil Rights Training for Food Stamp Programs and Activities

ODJFS - BCR July 2008 Purpose Establish and conveys policy Establish and conveys policy Ensures compliance with and enforcement of the prohibition against discrimination in all FNS programs and activities, whether federally funded in whole or not Ensures compliance with and enforcement of the prohibition against discrimination in all FNS programs and activities, whether federally funded in whole or not

ODJFS - BCR July 2008 FNS Changes Certain procedures related to recent regulatory changes Certain procedures related to recent regulatory changes Updates Data Collection Procedures Updates Data Collection Procedures Adds Equal Opportunity for Religious Organizations Adds Equal Opportunity for Religious Organizations Revises Complaint Handling Procedures Revises Complaint Handling Procedures Makes the FNS a Single Reference for Civil Rights Compliance and Enforcement Makes the FNS a Single Reference for Civil Rights Compliance and Enforcement

ODJFS - BCR July New Sections in FNS113-1 Limited English Proficiency (LEP) Limited English Proficiency (LEP) Equal Opportunity for Religious Organizations Equal Opportunity for Religious Organizations Appendices Appendices

ODJFS - BCR July 2008 Authority Title VI of the Civil Rights Act 1964 Title VI of the Civil Rights Act 1964 American with Disability Act American with Disability Act Title IX of the Education Amendments of 1972 Title IX of the Education Amendments of 1972 Section 504 of the Rehabilitation Act of 1973 Section 504 of the Rehabilitation Act of 1973 Age Discrimination Act of 1975 Age Discrimination Act of 1975 The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 Food Stamp Act of 1977 Food Stamp Act of 1977 Executive Order Executive Order USDA Departmental Regulation USDA Departmental Regulation CFR Part 16, Equal Opportunity for Religious Organizations 7CFR Part 16, Equal Opportunity for Religious Organizations

ODJFS - BCR July 2008 Protected Classes for FNS Programs Race Race Color Color National Origin National Origin Sex Sex Age Age Disability Disability Religious Creed and Religious Creed and Political Beliefs Political Beliefs

ODJFS - BCR July 2008 Food Stamp Program Responsibilities FNS Collection and use of racial/ethnic data Collection and use of racial/ethnic data The development of an effective public notification system The development of an effective public notification system A plan for equal access A plan for equal access Reasonable accommodation of persons with disabilities. Reasonable accommodation of persons with disabilities. Requirements for language assistance Requirements for language assistance Plan for conflict resolution which includes the development of a complaint procedure Plan for conflict resolution which includes the development of a complaint procedure

ODJFS - BCR July Categories Training Training LEP LEP Religious Organizations Religious Organizations Public Notification and Assurances Public Notification and Assurances Data collection Data collection Complaints Complaints Compliance reviews and Resolution of Non-Compliance Compliance reviews and Resolution of Non-Compliance

ODJFS - BCR July 2008 Civil Rights Training USDA State Agency ODJFS Local Agency (CDJFS) Frontline Staff

ODJFS - BCR July 2008 Limited English Proficiency (LEP) An LEP individual is a person who is unable to speak, read, write or understand the English language at a level that permits him or her to interact effectively with health and social services agencies and providers. An LEP individual is a person who is unable to speak, read, write or understand the English language at a level that permits him or her to interact effectively with health and social services agencies and providers.

ODJFS - BCR July 2008 Equal Opportunity for Religious Organizations Ensures a level playing field for the participation of faith based organizations and other community organizations in USDA programs. Ensures a level playing field for the participation of faith based organizations and other community organizations in USDA programs.

ODJFS - BCR July 2008 Public Notification Program rights and responsibilities Program rights and responsibilities Nondiscrimination policy Nondiscrimination policy Procedures for filing a complaint Procedures for filing a complaint

ODJFS - BCR July 2008 Methods of Public Notification Prominently display the “And Justice for All” poster. Prominently display the “And Justice for All” poster. Inform potentially eligibly person, applicants, participants and grassroots organizations of programs or changes in programs. Inform potentially eligibly person, applicants, participants and grassroots organizations of programs or changes in programs. Provide appropriate information in alternative formats for person with disabilities. Provide appropriate information in alternative formats for person with disabilities. Include the required nondiscrimination statement on all appropriate FNS and agency publications, websites posters and information materials. Include the required nondiscrimination statement on all appropriate FNS and agency publications, websites posters and information materials. Convey the message of equal opportunity in all photos and other graphics that are used to provide or program-related information. Convey the message of equal opportunity in all photos and other graphics that are used to provide or program-related information.

ODJFS - BCR July 2008

Nondiscrimination Statement In accordance with Federal law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age or disability. To file a complaint or discrimination write USDA, Director, Office of Civil Rights 1400 Independence Avenue, SW, Washington, D.C or call (800) or (202) (TTY) and USDA is an equal opportunity provider and employer

ODJFS - BCR July 2008 Data Collection and Reporting State agencies, local agencies, and other sub-recipients are required to obtain data by race and ethnic category on potentially eligible populations, applicants and participants in their program service area. State agencies, local agencies, and other sub-recipients are required to obtain data by race and ethnic category on potentially eligible populations, applicants and participants in their program service area.

ODJFS - BCR July 2008 Collection of Data ODJFS collects racial and ethnic participation for statistical reasons. ODJFS collects racial and ethnic participation for statistical reasons. USDA mandates the collection of racial and ethnic participation data. USDA mandates the collection of racial and ethnic participation data. Racial/ethnic data is required for each applicant/participant at the time of application/certification Racial/ethnic data is required for each applicant/participant at the time of application/certification

ODJFS - BCR July 2008 Race & Ethnic Categories Two Question Format Ethnicity: Hispanic or Latino Hispanic or Latino Not Hispanic or Latino Not Hispanic or LatinoRace o American Indian or Alaskan Native o Asian o Black or African American o Native Hawaiian or Other Pacific Islander o White

ODJFS - BCR July 2008 Racial/Ethnic Categories American Indian or Alaskan Native American Indian or Alaskan Native Asian Asian Black or African American Black or African American Native Hawaiian or Other Pacific Islander Native Hawaiian or Other Pacific Islander Hispanic or Latino Hispanic or Latino White White

ODJFS - BCR July 2008 Complaint Procedures Rights and Responsibilities Rights and Responsibilities Bureau of Civil Rights Bureau of Civil Rights ODJFS Complaint Processing System ODJFS Complaint Processing System

ODJFS - BCR July 2008 Compliance Reviews & Resolution of Non-Compliance USDA FNS Region review state agencies USDA FNS Region review state agencies State agencies review local/county agencies State agencies review local/county agencies Local agencies review their sub- recipients Local agencies review their sub- recipients State agency must report significant findings to the reviewed entity and FNS State agency must report significant findings to the reviewed entity and FNS

ODJFS - BCR July 2008 Noncompliance A factual finding that any civil rights requirement, as provided by law, regulation policy, instruction, or guidelines is not being adhered to by a State agency, local agency or other sub-recipient are reported. A factual finding that any civil rights requirement, as provided by law, regulation policy, instruction, or guidelines is not being adhered to by a State agency, local agency or other sub-recipient are reported.

ODJFS - BCR July 2008 QUIZ

Questions