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Civil Rights

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Mary Ann Liby

on 26 March 2014

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Transcript of Civil Rights

USDA is an equal opportunity provider and employer.
Civil Rights Statement
The U.S. Department of Agriculture prohibits discrimination against its customers, employees, and applicants for employment on the bases of race, color, national origin, age, disability, sex, gender identity, religion, reprisal, and where applicable, political beliefs, marital status, familial or parental status, sexual orientation, or all or part of an individual’s income is derived from any public assistance program, or protected genetic information in employment or in any program or activity conducted or funded by the Department. (Not all prohibited bases will apply to all programs and/or employment activities.)

If you wish to file a Civil Rights program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, found online at http://www.ascr.usda.gov/complaint_filing_cust.html, or at any USDA office, or call (866)632-9992 to request the form. You may also write a letter containing all of the information requested in the form. Send your completed complaint form or letter to us by mail at U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410, by fax (202)690-7442 or email at program.intake@usda.gov. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800)877-8339; or (800)845-6136 (Spanish).
Sponsors receiving USDA funds MUST be trained and follow civil rights regulations and policy

Food and Nutrition Service (FNS) instruction 113 is the federal regulation governing Civil Rights in the Child Nutrition Programs

Non-discrimination statement must be used for all USDA food program documents
What is discrimination?
Where to use statement and display “And Justice for All” posters?
What is a Civil Rights complaint?
How to handle a Civil Rights complaint?
Recording racial and ethnic data.

benefits or services that others receive

receiving benefits or services that others receive

than others to their disadvantage

All Sponsors and Staff involved in USDA Programs must receive annual training on Civil Rights requirements.
Topics to cover:
a : the act, practice, or an instance of discriminating categorically
rather than individually
b : prejudiced or prejudicial outlook, action, or treatment
…when a person or a group of people are:
The 3 "D"s
Full Version
USDA is an equal opportunity provider and employer.
Short Version
Civil Rights Statement
Statement Usage
Preferred on all documents anytime the USDA food programs are referred to in brochures, bulletins, leaflets, and letters

The full statement must be used in documents that are more than 1 page

All statements should be in print size no smaller than the text of the document

Examples of where the short statement may be used are:
Spot announcements on television and radio
Newspaper ads

Webster's Dictionary definition:
Protected Classes
USDA Child Nutrition Programs recognize the following protected classes:
national origin
Poster must be placed in a prominent area where participants and potential participants have ready access.
Full Statement
Short Version Usage
Sponsors may use the short version on documents mentioning USDA, if the document is 1 page or less and there isn't room for the full statement.
USDA is an equal opportunity provider and employer.
The Civil Rights Statement must be included with all forms of communication to the participants.

"And Justice For All"
Civil Rights Complaint Procedure
CR Complaint received by Sponsor
(Verbal or Written)
CR Complaint documented in CR Complaint Log
Sponsor give complainant CR Complaint Form
and/or Sponsor Assists in completing form
If a complaint form, verbal or written, is provided, the Sponsor must forward the complaint to the State Agency within three working days.

Any person alleging discrimination based on race, color, national origin, sex, age, or disability has a right to file a complaint within 180 days of the alleged discriminatory action.

Under special circumstances this time limit may be extended by the Office of Civil Rights (OCR).
1. Right To File A Complaint
All civil rights complaints, written or verbal, shall be accepted and forwarded to the state agency to be forwarded to the Civil Rights Division at WRO. It is necessary that the information be sufficient to determine the identity of the agency or individual towards which the complaint is directed, and to indicate the possibility of a violation. Anonymous complaints should be handled as any other complaints.

In the event a complainant makes the allegations verbally or through a telephone conversation and refuses or is not inclined to place such allegations in writing, the person to whom the allegations are made shall write up the elements of the complaint for the complainant. Every effort should be made to have the complainant provide certain information.

Procedures for Filing
Procedures for Filing
2. Acceptance
3. Verbal Complaints
Procedures for Filing
of a Verbal Complaint
CR Complaint Forms must be readily available at all USDA meal sites

Sponsor must make every attempt to help complainant complete CR Complaint Form

All discrimination complaints must be documented in the Civil Rights complaint log

Log must be dated with Year and kept for 3 years plus current fiscal year, even if no complaints have been received

Civil Rights
Complaint Form and Log
Collection of
Racial and Ethnic Data
Persons of Cuba, Mexico, Puerto Rico, South or Central America or other Spanish culture or origin regardless of race.
When households apply for free or reduced price meal benefits through the national school lunch program, they are given the option to identify their children's ethnic and racial designation.
Sponsors report the results to the state by October 15th each year on a web based form on CNP2000.

Data is compiled from meal applications received by the sponsor from July 1st through September 30th each school year is used for the report.
Sponsors of SFSP are responsible for compiling the racial and ethnic data for children participating in the program.
2 Ethnic Categories
Hispanic or Latino
Non Hispanic or Latino
5 Racial Categories
Black or African American
A person having origins of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands.
A person having origins in any of the black racial groups of Africa.
A person having origins in any of the original peoples of Far East, Southeast Asia, or the Indian subcontinent including Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam
American Indian
A person having origins in any of the original peoples of North, Central, and South America, and who maintains tribal affiliation or community attachment
Persons having origins in any of the original peoples of Europe, the Middle East, or North Africa
Native Hawaiian or Other Pacific Islander
Contact information for the complainant.

The specific location and name of the entity delivering the service or benefit.

The names, titles, and business addresses of persons who may have knowledge of the discriminatory action.

The nature of the incident or action that led to discrimination complaint.

The basis on which the complainant feels discrimination exists.

The date(s) during which the alleged discriminatory actions occurred

Data Collection
The Sponsor utilizes visual identification to determine a participant's ethnic/racial category.
Participants may be included in the group to which he or she appears to belong or identifies with in the community.
Sponsor must retain data, as well as documentation for the data, for the required 3 years.
Data and records are to be accessed by authorized personnel only.
Full transcript