USDA Civil Rights and Child Nutrition Programs

1
USDA Civil Rights and Child Nutrition Programs
2

• Understanding Civil Rights
• And
• Civil Rights Requirements
• In
• 10 Easy Steps!

3
1

• What is Civil Rights?

4
USDA Civil Rights

• Benefits of Child Nutrition Programs are made
  available to all eligible people in a
  non-discriminatory manner.
• All sponsors must implement Civil Rights
  requirements

5
2

• What
• Is
• Discrimination?

6
Discrimination is

• Different treatment
• Makes distinction from others
• either intentionally, by neglect or by the
  actions or lack of actions
• based on the protected classes.

7
Protected Classes

• Race
• Color
• National origin

• Age
• Sex
• Disability

8
3

• How To
• Recognize A
• Civil Rights Complaint

9
Recognizing a Civil Rights Complaint

• A Complaint of unequal treatment can be
• Verbal
• In Writing
• Observed

10
Civil Rights Complaint

• Potential CR Complaints may start with any form
  of communication
• Areas of Operation include
• Program Administration
• Food Service
• Employment

11
Discrimination is
The 4 Ds

• when an individual or group of
  individuals are
• Delayed benefits or services
• Denied benefits or services
• Treated Differently than others to their
  disadvantage
• Given Disparate Treatment

12
4

• The Civil Rights Complaint Procedure

13
Complaint Procedure Plan

• Sponsors are required to develop and implement a
  written procedure to handle any discrimination
  complaint that may be received.

14
How Long Does Someone Have To File a Complaint?

• file a complaint within 180 days of the alleged
  discriminatory action.

15
Where Do They Send The Complaint?

• Complainants may choose to
• Contact USDA directly or
• Contact ODE CNP directly, or
• Notify the sponsor of their complaint
• Sponsors must forward all discrimination
  complaints received regarding Child Nutrition to
  ODE within 3 working days

16
How to Handle a Complaint

• Use the Complaint Form
• Enter the Complaint on the Log
• Refer the complaint to the sponsors CACFP
  primary contact person
• Report the complaint to ODE w/in 3 working days.

17
CR Complaint Procedure

• CR Complaint Received by Sponsor
• CR Complaint Documented In CR Complaint Log
• Sponsor gives Complainant CR Complaint Form
  and/or Sponsor Completes CR Complaint Form with
  Complainant
• If Complainant Returns CR Complaint Form to
  Sponsor, Sponsor Forwards Complaint Form to ODE
  within 3 Working Days

18
Civil Rights Complaint Log

• Log must be dated and kept for 3 years current
  year, even if no complaints have been received

19
CR Complaint Form

• CR Complaint Form readily available at all sites
• Sponsor must make every attempt to help
  complainant
• If complainant returns CR Complaint Form to
  sponsor, it must be forwarded to ODE within 3
  working days of receipt by sponsor

20
5

• The Non-discrimination statement and the
• And Justice For All
• Poster

21
Nondiscrimination Statement Long version

• In accordance with Federal law and U.S.
  Department of Agriculture policy, this
  institution is prohibited from discrimination 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, 1400
  Independence Avenue, SW, Washington, DC
  20250-9410 or call, toll free [phone]
  (Voice). TDD users can contact USDA through
  local relay or the Federal Relay at (800)
  877-8339 (TDD) or [phone] (relay voice
  users). USDA is an equal opportunity provider
  and employer.

22
Nondiscrimination Statement - Short version

• This institution is an
• equal opportunity provider

23
Where a Non-discrimination Statement is Needed

• Enrollment Forms
• Menus
• Employee Handbooks
• Newsletters
• Brochures

• Parent Handbooks
• Print or broadcast advertisements
• Flyers
• Websites

24
And Justice For All

• Poster must be placed in a prominent area where
  participants and potential participants have
  ready access

25
6

• Racial and Ethnic Data Collection

26
Racial and Ethnic Data Collection
It is optional for participants to provide
Sponsors with Racial and Ethnic
information. However, it is a requirement for
Sponsors to collect Racial and Ethnic Data
annually
27

• Race and Ethnic Categories
• Data COLLECTION
• Two-Step Format - separate categories will be
  used when collecting and reporting Race and
  Ethnicity.
• Ethnicity will be collected first
• Racial designations second

28

• Racial and Ethnic Data REPORTING
• Sponsor must collect and maintain data
  annually.
• ODE will check Racial and Ethnic data during
  Administrative Reviews
• Please do not send information to ODE, unless
  requested!

29
Racial Ethnic Annual Data Collection Form
30
Ethnic Categories

• Ethnicity
• Hispanic or Latino
• Not Hispanic or Latino

Select One
Step One
31
Respondents can select one or more Racial
designations

• American Indian or Alaskan Native
• Asian
• Black or African American
• Native Hawaiian or Other Pacific Islander
• White
• Other
• Racial and Ethnic data may be collected on CIS or
  can be collected using a visual identification.

Step Two
32
7

• Who needs to have the Civil Rights information?

33

• Civil Rights information needs to be available
  at every site.

34
Civil Rights Binder

• A Each sponsor should keep a Civil Rights Binder
  with
• JFA poster on front cover
• Sections for
• Sponsors Complaint Procedure
• CR Complaint Log
• CR Complaint Forms
• English and Spanish
• Other Translations, as needed
• organization or site.

35
8

• Common Findings on Administrative Reviews

36
Common Review Findings

• Complaint form must have both sides printed.
• Civil Rights Complaint forms not accessible to
  all staff at each site.
• Staff do not recognize a civil rights complaint
  when asked and /or are not able to verbalize the
  civil rights complaint procedure to reviewer.

37
Common Review Findings

• 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 USDA and Child Nutrition
  Programs

38
9

• Resources Available

39
Civil Rights Resources

• ODEs Civil Rights website
• How to Recognize a Civil Rights Complaint
• CR Complaint Form
• CR Complaint Log
• CR Complaint Procedure
• CR Training for Staff Form
• And Justice for all Poster

www.ode.state.or.us/services/nutrition/civil_right
s
40
Civil Rights Specialist

• Winston Cornwall is the Civil Rights Specialist
  for ODE. You may contact him or one of the
  specialists in our office regarding any
  complaints or technical assistance required.

Phone [phone] Email winston.cornwall_at_st
ate.or.us
41
10

• A Summary of what a sponsor must do to meet Civil
  Rights Requirements

42
Summary Civil RightsMust Do List?

• Offer any Child Nutrition Program in a
  Non-Discriminatory Manner
• Train staff annually on Civil Rights and
  complete the training form.
• Develop fully implement sponsors CR Complaint
  Procedure
• Make available to all staff CR complaint forms,
  CR Log and CR complaint procedure

43
Summary Civil RightsMust Do List?

• Prominently display the And Justice for All
  poster
• Non-discrimination statement must be on all
  printed materials available to the public which
  mention USDA and/or Child Nutrition Program meals
  and snacks
• Must offer meals to all participants

44
Summary of 10 Steps to understand comply w/
USDA Civil Rights

1. What is Civil Rights?
2. What is Discrimination?
3. How to recognize a CR complaint
4. The CR Complaint Procedure
5. The CR non-discrimination Stmt and the And
   Justice for All poster

1. Racial Ethnic Data Collection
2. Who needs to have the CR information?
3. Common Findings on Admin. Reviews
4. Resources Available
5. Summary of what a sponsor must do to comply w/
   USDA CR