Civil Rights FNS Instruction 113-1. Civil Rights Civil Rights instruction is applicable to ALL programs and activities who receive Federal financial assistance,

Civil RightsFNS Instruction 113-1

Civil Rights

• Civil Rights instruction is applicable to ALL programs and activities who receive Federal financial assistance, whether those programs and activities are federally funded in whole or not

Civil Rights

• Federal Financial Assistance is:1. Anything of value received from the

Federal government2. Includes cash grants, training, excess

computers, loans, property donations and any other goods or services provided with Federal funds

3. TEFAP and state commodities constitute Federal financial assistance

Civil Rights

• Purpose of Civil Rights training:1. Provides guidance and direction to

Federal financial recipients and their clients

2. Explains compliance and enforcement of non-discrimination policies

3. Promotes fairness and equality of treatment

Civil Rights• Authority provided through:

• Title VI of the Civil Rights Act 1964

• Americans with Disability Act

• Title IX of the Education Amendments of 1972

• Section 504 of the Rehabilitation Act of 1973

• Age Discrimination Act of 1975

• The Personal Responsibility and Work Opportunity Reconciliation Act of 1996

• Food Stamp Act of 1977

• Executive Order 13166

• USDA Departmental Regulation 4330-2

• 7CFR Part 16, Equal Opportunity for Religious Organizations

Civil Rights• Responsibilities:

• Training

• Compliance with civil right laws, regulations and requirements

• Equal treatment for religious organizations

• Public Notification and Assurances

• Data collection

• Complaint Processing

• LEP services – providing other language services

• Accommodating persons with disabilities

• Conflict resolution

• Customer Service

Civil Rights

• Civil Rights Training & Oversight:

Member Agencies

Civil Rights

• Discrimination is prohibited on the basis of:

• Race• Color• National Origin• Sex• Age• Disability• Religious Creed• Political Beliefs

Civil Rights

• Types of Discrimination:1. Disparate Treatment

• Discriminating treatment of an individual or class of people based on a particular belief

2. Disparate Impact• Rules, policies or guidelines not intended

to cause discrimination but exclude a particular class of people

3. Retaliation• Deliberate discrimination as a response

or revenge

Civil Rights

• Exceptions:1. Congress can establish a program that

is intended for certain groups of people, and it is not discrimination to exclude those who do not meet eligibility requirements• Examples: WIC, senior programs,

children’s programs, etc.

Civil Rights

• When Do Civil Rights Rules Apply?1. Any time there is any Federal financial

assistance• USDA/TEFAP commodities• State commodities• Any training, equipment and other goods

and services supported or assisted through Federal assistance

Civil Rights

• Requirements:1. Treat all people with dignity and

respect• Complaints do come to the Foodbank

2. Display the USDA “And Justice for All . . .” non-discrimination poster in a place where it can be seen by ALL who visit the premises

Civil Rights

Civil Rights

• Requirements:3. Include USDA non-discrimination

statement on all materials and websites that mention USDA funded programs

4. Provide public notification including:• Posted hours of operation• Program eligibility guidelines• Non-discrimination policy• Procedures to file a complaint

Civil Rights

• Requirements:5. Maintain confidentiality

• No social security numbers• Do not discuss a person’s situation

6. Collect data when appropriate• USDA/TEFAP Eligibility Form – Form can

not be modified or other items attached• Monthly Reporting Form

Civil Rights

• Requirements:7. Cooperate with State and Federal

reviewers8. If there is a non-compliance issue,

correction of problem is expected• Failure to comply with civil rights rules can

lead to loss of Federal financial assistance• Agencies may have to pay back value of

the food

9. Sexual harassment is prohibited

Civil Rights

• Requirements:10.Advise people on how to file a

complaint:• Toll Free: 1.800.795.3272 or

202.720.6382 (TTY)• Regional Director, Civil Rights/EEO

77 W. Jackson Blvd, FL 20 Chicago IL 60604-3591 312.353.3353

Civil Rights

• Other Requirements:1. Make sure people with disabilities are

accommodated• Physical or mental impairment that

substantially limits one or more major life activities. Disabilities are not specifically named under the ADA but include mobility, sight, hearing, etc.

2. Provide other language assistance to persons with Limited English Proficiency

Civil Rights

• Limited English Proficiency:1. 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

2. Must provide language assistance• that results in accurate and effective

communication• at no cost

Civil Rights

• Language Assistance:

1. Does not require applicants/clients to: • use family or friends as

interpreters• use minor children as interpreters

2. Must NOT be required to disclose• Proof of immigration/citizenship• Social Security Number

Civil Rights

• Equal Opportunity For Religious Organizations:

1. Prohibits discrimination on the basis of religion, religious belief, or religious character in the administration of Federal funds.

2. Provided that direct USDA funds do not support any inherently religious activities such as worship or religious instruction.

Civil Rights

• Equal Opportunity For Religious Organizations

3. Religious organizations do NOT have to remove religious art, icons, scriptures or other religious symbols.

4. No organization that receives direct financial assistance from the USDA can discriminate against a program beneficiary on the basis of religion or religious belief.

Civil Rights

• Reminders:1. If conflicts occur, remain calm

2. Follow the platinum rule• Treat people the way they would like to be

treated

Civil Rights

• Final Steps:1. Agencies are responsible for training of

their staff and/or volunteers• Use the provided Checklist in your agency• Retain each Checklist for 3 years

2. Complete and Sign the 2nd Checklist with Your Name and Agency • Pass completed Checklists to the front

Civil RightsQuestions?