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February 20011 CIVIL RIGHTS
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February 20012 PURPOSE: All local agencies must comply with USDA regulations on nondiscrimination and the following requirements:
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February 20013 RACE; COLOR; NATIONAL ORIGIN Title VI and VII of the Civil Rights Act, 1964
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February 20014 SEX (Gender) Title IX of the Education Amendments, 1972
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February 20015 HANDICAP/DISABILITY Section 504 of the Rehabilitation Act, 1973
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February 20016 AGE Age Discrimination Act, 1975
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February 20017 DISABILITY Americans with Disabilities Act, 1990
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February 20018 No person can be denied benefits based on Race Color National Origin Age Sex Disability
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February 20019 Racial/Ethnic data is collected by each local agency on the CD screen in the WIC Information System Data is used to generate reports required by the Federal and State Governments
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February 200110 Identification: Race refers to people of the same ancestry Ethnicity refers to the country of birth
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February 200111 Identification: Self-identification is the preferred means of obtaining information about an individual’s race and ethnicity Staff will help determine race and ethnicity if necessary
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February 200112 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
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February 200113 Identification: Ask the person their country of birth to identify ethnicity F2 code help is available in the WIC Information System to determine codes for race and ethnicity
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February 200114 Race is reported as...
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February 200115 Black (non-Hispanic) A person with origins in any of the Black racial groups in Africa, including Haitians
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February 200116 Hispanic A person of Central or South American, Cuban, Mexican, Puerto Rican, or other Spanish culture or origin regardless of race
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February 200117 Asian or Pacific Islander A person with origins in any of the original people of the Far East, Southeast Asia, India, or Pacific Islands, i.e. China, Japan, Korea, Philippines, Samoa
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February 200118 American Indian or Alaskan Native A person who has origins in any of the original peoples of North America and who maintains tribal affiliation or community recognition
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February 200119 White (non-Hispanic) A person with origins in any of the original peoples of Europe, the Middle East, or North Africa
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February 200120 Records Records with racial/ethnic data include such things as client eligibility forms 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
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February 200121 Records are reviewed by: Local Agency (WIC Coordinator) State WIC office Dept. of Health Office of Equal Opportunity and Minority Affairs
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February 200122 Public Notification: Newspaper articles Radio/Television Pamphlets/Fliers Grassroots organizations
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February 200123 Non-Discrimination 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
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February 200124 Non-Discrimination 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 of discrimination, write USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410 or call (202)720-5964 (voice and TDD). USDA is an equal opportunity provider and employer.”
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February 200125 Non-Discrimination Statement If the material is too small to permit the full statement to be included, at minimum include one of the following statements, in print no smaller than the text that… “WIC is an equal opportunity provider” or “This institution is an equal opportunity provider”.
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February 200126 Non-Discrimination Statement Found on back of WIC Client Certification Worksheet MUST be read to or read by each participant or authorized representative/co-caretaker at each certification Must be signed by participant or authorized rep/co-caretaker
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February 200127 Non-Discrimination Poster Non-discrimination poster MUST be displayed in a prominent place at all sites- including batch sites, for example, in the lobby or waiting area “AND JUSTICE FOR ALL”
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February 200128 Exclusion of eligible persons based on race, color, national origin, age, sex, or disability Inequitable service or allocation of food based on the above Issuance of food instruments in a place, time, or manner that results in denying or limiting benefits to a specific group Examples of Discrimination:
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February 200129 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
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February 200130 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
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February 200131 ALL CIVIL RIGHTS COMPLAINTS WILL BE ACCEPTED: Written Oral Anonymous
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February 200132 Information needed: Complainant’s –Name –Address –Telephone number Location where discrimination occurred Nature of the incident Basis for the claim-race, age, disability, etc Names of witnesses Dates when action(s) occurred
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February 200133 What to do Notify the WIC Coordinator immediately Provide forms for written complaints OR Take detailed notes of oral complaints Complaints must be reported immediately
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February 200134 Program Eligibility Complaint Complaints concerning program eligibility are generally issues for fair hearings –discuss the matter with individual –explain the eligibility criteria
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February 200135 Sexual Harassment DOH has internal policies that address sexual harassment Information is available in the DOH Equal Opportunity Sexual Harassment Pamphlet Formal or informal complaints must be filed within 180 days of the alleged discriminatory action
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February 200136 Sexual Harassment Continued: Informal complaints can be filed with your supervisor, CHD Director, EEO rep, Personnel Office or the Department of Health-Office of Equal Opportunity & Minority Affairs Formal complaints MUST be filed with the Office of Equal Opportunity & Minority Affairs Your current EEO rep is
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February 200137 ADA-Americans with Disabilities Act: Guarantees equal opportunity for individuals with disabilities in: employment public services public transportation public accommodation, and telecommunications.
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February 200138 Individual with Disabilities Person who has a physical or mental impairment which substantially limits one or more major life activities, has a history or record of such an impairment, or is perceived by others as having such an impairment.
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February 200139 CIVIL RIGHTS
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