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

ODJFS - BCR July 2008ODJFS - BCR July 2008

FNS Instruction 113-1FNS Instruction 113-1

Civil Rights Training for Food Civil Rights Training for Food Stamp Programs and ActivitiesStamp Programs and Activities


PurposePurpose

Establish and Establish and conveys policyconveys policy

Ensures Ensures compliance with compliance with and enforcement and enforcement of the prohibition of the prohibition against against discrimination in all discrimination in all FNS programs and FNS programs and activities, whether activities, whether federally funded in federally funded in whole or notwhole or not


FNS 113-1 ChangesFNS 113-1 Changes

Certain procedures related to recent Certain procedures related to recent regulatory changesregulatory changes

Updates Data Collection ProceduresUpdates Data Collection Procedures Adds Equal Opportunity for Religious Adds Equal Opportunity for Religious

OrganizationsOrganizations Revises Complaint Handling Revises Complaint Handling

ProceduresProcedures Makes the FNS-113-1 a Single Makes the FNS-113-1 a Single

Reference for Civil Rights Reference for Civil Rights Compliance and EnforcementCompliance and Enforcement


3 New Sections in FNS113-13 New Sections in FNS113-1

Limited English Proficiency Limited English Proficiency (LEP)(LEP)

Equal Opportunity for Religious Equal Opportunity for Religious OrganizationsOrganizations

AppendicesAppendices


AuthorityAuthority

Title VI of the Civil Title VI of the Civil Rights Act 1964Rights Act 1964

American with American with Disability ActDisability Act

Title IX of the Title IX of the Education Education Amendments of 1972Amendments of 1972

Section 504 of the Section 504 of the Rehabilitation Act of Rehabilitation Act of 19731973

Age Discrimination Act Age Discrimination Act of 1975of 1975

The Personal The Personal Responsibility and Responsibility and Work Opportunity Work Opportunity Reconciliation Act of Reconciliation Act of 1996 1996

Food Stamp Act of Food Stamp Act of 19771977

Executive Order Executive Order 1316613166

USDA Departmental USDA Departmental Regulation 4330-2Regulation 4330-2

7CFR Part 16, Equal 7CFR Part 16, Equal Opportunity for Opportunity for Religious Religious OrganizationsOrganizations


Protected Classes for FNS Protected Classes for FNS ProgramsPrograms

RaceRace ColorColor National OriginNational Origin SexSex AgeAge DisabilityDisability Religious Creed and Religious Creed and Political BeliefsPolitical Beliefs


Food Stamp ProgramFood Stamp ProgramResponsibilities FNS 113-1Responsibilities FNS 113-1 Collection and use Collection and use

of racial/ethnic of racial/ethnic datadata

The development The development of an effective of an effective public notification public notification systemsystem

A plan for equal A plan for equal accessaccess

Reasonable Reasonable accommodation of accommodation of persons with persons with disabilities.disabilities.

Requirements for Requirements for language language assistanceassistance

Plan for conflict Plan for conflict resolution which resolution which includes the includes the development of a development of a complaint complaint procedureprocedure


7 Categories 7 Categories

TrainingTraining LEPLEP Religious OrganizationsReligious Organizations Public Notification and AssurancesPublic Notification and Assurances Data collectionData collection ComplaintsComplaints Compliance reviews and Resolution Compliance reviews and Resolution

of Non-Complianceof Non-Compliance


Civil Rights TrainingCivil Rights Training

USDA

State AgencyODJFS

Local Agency(CDJFS)

Frontline Staff


Limited English Proficiency Limited English Proficiency (LEP)(LEP)

An LEP individual is a person An LEP individual is a person who is unable to speak, read, who is unable to speak, read, write or understand the English write or understand the English language at a level that permits language at a level that permits him or her to interact him or her to interact effectivelyeffectively with health and social services with health and social services agencies and providers.agencies and providers.


Equal Opportunity for Equal Opportunity for Religious OrganizationsReligious Organizations

Ensures a level playing field for Ensures a level playing field for the participation of faith based the participation of faith based organizations and other organizations and other community organizations in community organizations in USDA programs. USDA programs.


Public NotificationPublic Notification

Program rights and Program rights and responsibilitiesresponsibilities

Nondiscrimination policyNondiscrimination policy Procedures for filing a complaintProcedures for filing a complaint


Methods of Public NotificationMethods of Public Notification

Prominently display the “And Justice for All” poster.Prominently display the “And Justice for All” poster. Inform potentially eligibly person, applicants, Inform potentially eligibly person, applicants,

participants and grassroots organizations of participants and grassroots organizations of programs or changes in programs.programs or changes in programs.

Provide appropriate information in alternative Provide appropriate information in alternative formats for person with disabilities.formats for person with disabilities.

Include the required nondiscrimination statement on Include the required nondiscrimination statement on all appropriate FNS and agency publications, all appropriate FNS and agency publications, websites posters and information materials.websites posters and information materials.

Convey the message of equal opportunity in all Convey the message of equal opportunity in all photos and other graphics that are used to provide photos and other graphics that are used to provide or program-related information. or program-related information.



Nondiscrimination StatementNondiscrimination Statement

In accordance with Federal law and U.S. In accordance with Federal law and U.S. Department of Agriculture policy, this Department of Agriculture policy, this institution is prohibited from discriminating institution is prohibited from discriminating on the basis of race, color, national origin, on the basis of race, color, national origin, sex, age or disability.sex, age or disability.

To file a complaint or discrimination write To file a complaint or discrimination write USDA, Director, Office of Civil Rights 1400 USDA, Director, Office of Civil Rights 1400 Independence Avenue, SW, Washington, Independence Avenue, SW, Washington, D.C. 20250-9410 or call (800) 795-3272 or D.C. 20250-9410 or call (800) 795-3272 or (202) 720-6382 (TTY) and USDA is an (202) 720-6382 (TTY) and USDA is an equal opportunity provider and employerequal opportunity provider and employer


Data Collection and ReportingData Collection and Reporting

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


Collection of DataCollection of Data

ODJFS collects racial and ethnic ODJFS collects racial and ethnic participation for statistical participation for statistical reasons. reasons.

USDA mandates the collection USDA mandates the collection of racial and ethnic participation of racial and ethnic participation data.data.

Racial/ethnic data is required for Racial/ethnic data is required for each applicant/participant at the each applicant/participant at the time of application/certificationtime of application/certification


Race & Ethnic Categories Race & Ethnic Categories Two Question FormatTwo Question Format

Ethnicity:Ethnicity: Hispanic or LatinoHispanic or Latino Not Hispanic or LatinoNot Hispanic or Latino

RaceRaceo American Indian or Alaskan NativeAmerican Indian or Alaskan Nativeo Asian Asian o Black or African AmericanBlack or African Americano Native Hawaiian or Other Pacific Native Hawaiian or Other Pacific

IslanderIslandero WhiteWhite


Racial/Ethnic CategoriesRacial/Ethnic Categories

American Indian or Alaskan American Indian or Alaskan NativeNative

AsianAsian Black or African AmericanBlack or African American Native Hawaiian or Other Pacific Native Hawaiian or Other Pacific

IslanderIslander Hispanic or LatinoHispanic or Latino WhiteWhite


Complaint ProceduresComplaint Procedures

Rights and ResponsibilitiesRights and Responsibilities Bureau of Civil RightsBureau of Civil Rights ODJFS Complaint Processing ODJFS Complaint Processing

SystemSystem


Compliance Reviews & Compliance Reviews & Resolution of Non-ComplianceResolution of Non-Compliance USDA FNS Region review state USDA FNS Region review state

agenciesagencies State agencies review State agencies review

local/county agencieslocal/county agencies Local agencies review their sub-Local agencies review their sub-

recipientsrecipients State agency must report State agency must report

significant findings to the significant findings to the reviewed entity and FNSreviewed entity and FNS


NoncomplianceNoncompliance

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


QUIZQUIZ


QuestionsQuestions

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

Documents

enforcementodjfs bcr

activitiesodjfs bcr

complaintodjfs bcr

notodjfs bcr

complaint procedureodjfs

political beliefsodjfs

civil rights act

appropriate fns