USDA Civil Rights Requirements Chapter 11

Introduction Civil Rights Regulations are intended to assure that benefits of CACFP are made available to all eligible persons in a non-discriminatory mannerCivil Rights Regulations are intended to assure that benefits of CACFP are made available to all eligible persons in a non-discriminatory manner All sponsors receiving Federal $$ must implement CR requirements to be eligible for ProgramAll sponsors receiving Federal $$ must implement CR requirements to be eligible for Program

Discrimination is: Discrimination is: …when an individual or group of individuals are: …when an individual or group of individuals are:  D enied benefits or services that others receive  D elayed benefits or services that others receive, or  D elayed receiving benefits or services that others receive, or  Treated D ifferently than others to their disadvantage The 3 “D”s

Protected Classes RaceRace ColorColor National originNational origin Age Age Sex Sex Disability Disability Religion (Oregon) Religion (Oregon)

Racial and Ethnic Data Collect at initial Application and annually thereafter: Application and annually thereafter: Ethnic and Racial Data from Your Service from Your Service Area (Potential Applicants) ODE provides census data by county to you to meet this requirement. Report as a PERCENTAGE.

Racial and Ethnic Data Collect annually and at initial Application: Application: Ethnic and Racial Data about the Actual Participants Sponsor collects data from CIS forms, or staff may make a visual identification of participants’ category. Report ACTUAL number

Civil Rights Complaint Procedure - Exhibit in “Big Red”

Civil Rights Complaint Log All discrimination complaints must be documented in the Civil Rights complaint log Log must be dated with Year and kept for 3 years + current FY, even if no complaints have been received Exhibit 23.9 in “Big Red”

Civil Rights (CR) Complaint Form – Exhibit 23.7 CR Complaint Form must be readily available at all sitesCR Complaint Form must be readily available at all sites Sponsor must make every attempt to help complainant complete CR Complaint FormSponsor must make every attempt to help complainant complete CR Complaint Form If complainant returns CR Complaint Form to sponsor, it must be forwarded to ODE with 3 working days of receipt by sponsorIf complainant returns CR Complaint Form to sponsor, it must be forwarded to ODE with 3 working days of receipt by sponsor

“And Justice For All” Poster must be placed in a prominent area where participants and potential participants have ready access

Nondiscrimination Statement – Long version The U.S. Department of Agriculture (USDA) and the State of Oregon prohibit discrimination in all USDA programs and activities on the basis of race, color, national origin, sex, religion, age, or disability.The U.S. Department of Agriculture (USDA) and the State of Oregon prohibit discrimination in all USDA programs and activities on the basis of race, color, national origin, sex, religion, age, or disability. To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, 14 th and Independence Avenue, SW, Washington, DC or call (202) (voice and TDD). USDA and the State of Oregon are equal opportunity providers and employers.To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, 14 th and Independence Avenue, SW, Washington, DC or call (202) (voice and TDD). USDA and the State of Oregon are equal opportunity providers and employers.

When a Non-discrimination Statement is Needed? Informational Materials that require the Non- discrimination Statement include: Employee HandbooksEmployee Handbooks Enrollment FormsEnrollment Forms MenusMenus NewslettersNewsletters BrochuresBrochures Parent HandbooksParent Handbooks Print or broadcast advertisementsPrint or broadcast advertisements FlyersFlyers WebsitesWebsites

Nondiscrimination Statement - Short version Sponsors can use the short version on documents mentioning USDA or the CACFP if document is one page (front and back) or less in length.Sponsors can use the short version on documents mentioning USDA or the CACFP if document is one page (front and back) or less in length. “USDA and the State of Oregon are equal opportunity providers and employers”

Sample Civil Rights Binder Sample CR Binder could look something like this: JFA poster on Front coverJFA poster on Front cover Separate sections for 1) Sponsor’s CR complaint procedure, 2) CR complaint Log, 3) copies of CR complaint forms (min. of English and Spanish available)Separate sections for 1) Sponsor’s CR complaint procedure, 2) CR complaint Log, 3) copies of CR complaint forms (min. of English and Spanish available) Bonus: Copy of the 7 pageBonus: Copy of the 7 page chapter 11 from “Big Red” for reference

Common Review Findings Civil Rights Complaint forms not accessible to all staff at each site Only front page of complaint form is available Staff do not recognize a civil rights complaint when asked and /or are not able to verbalize the civil rights complaint procedure to reviewer

Common Review Findings And Justice for All poster is not visible where parents and the general public can see and read it And Justice for All poster is not visible where parents and the general public can see and read it Non-discrimination statement missing from public documents that mention or imply USDA and CACFP **(most common finding)

Civil Rights Resources ODE’s Civil Rights website:ODE’s Civil Rights website: “Big Red” – Chapter 11 “Civil Rights”“Big Red” – Chapter 11 “Civil Rights” Exhibit 23.8 – CR Complaint Form (English)Exhibit 23.8 – CR Complaint Form (English) Exhibit 23.9 – CR Complaint LogExhibit 23.9 – CR Complaint Log Exhibit – CR Complaint Procedure (ODE prototype)Exhibit – CR Complaint Procedure (ODE prototype) Exhibit – CR Training for Staff FormExhibit – CR Training for Staff Form Civil Rights Compliance Assessment Form (in packet)Civil Rights Compliance Assessment Form (in packet)

Civil Rights Resources Winston Cornwall ODE Civil Rights Specialist Phone: (503)

Summary: Civil Rights “Whatcha Gotta Do?”  Offer CACFP in a Non-Discriminatory Manner  Train staff annually on Civil Rights  Develop & fully implement sponsor’s CR Complaint Procedure  Make available to all staff CR complaint forms, CR Log and CR complaint procedure  Non-discrimination statement must be on all printed materials available to the public which mention USDA and/or CACFP meals and snacks

Summary: Civil Rights “Whatcha Gotta Do?”  Prominently display the And Justice for All poster  Collect and report “actual” racial/ethnic data during renewal process annually  Report racial / ethnic data for service area during renewal process annually  Must offer meals to all infants in care

Questions ????