380 likes | 517 Views
CIVIL RIGHTS USDA Senior Farmers Market Nutrition Program. Training Topics. Overview Civil Rights Legislation Program Sponsor Requirements / Responsibilities Effective Public Notification Collection and Use of Data Examples of Discrimination How to Handle Civil Rights Complaints.
E N D
Training Topics • Overview Civil Rights Legislation • Program Sponsor Requirements / Responsibilities • Effective Public Notification • Collection and Use of Data • Examples of Discrimination • How to Handle Civil Rights Complaints
The Civil Rights Act of 1964 Prohibits discrimination as outlined in the federal Civil Rights Legislation of 1964. Federal Protected Classes Race, Color, National Origin, Sex (Gender), Age Disability
Discrimination Defined Discrimination is different treatment that adversely affects a person or a group of persons either intentionally, by neglect, by the action, or lack of action based upon a protected characteristic.
Title VI • Title VI of the Civil Rights Act of 1964 prohibits discrimination in Federally Assisted Programs.
Title VII • Employment • Can not discriminate in employment decisions such as hiring, firing, discipline, benefits, etc. • Credit • Can not discriminate in financial transactions, such as extending credits or loans, etc. • Public Accommodation • Can not discriminate in services, facilities or goods offered to the general public. • Education • Can not discriminate in offering equal opportunities in education, such as participation in academics, extra curricular or athletic programs, etc.
HVAAA Responsibility • Because HVAAA uses state and federal funds in the services it provides, we must comply with requirements of both state and federal Civil Rights regulations. • It is a requirement of sponsors of the Senior Farmers Market Nutrition to provide Civil Rights training to employees and volunteers and a have written policy on how to handle discrimination
HVAAA Procedure Civil Rights Policy /Procedure Hawkeye Valley Area Agency on Aging, as a human service provider, provides services to individuals regardless of race, color, creed, religion, national origin, sex, sexual orientation, gender identity, mental or physical disability. Hawkeye Valley Area Agency on Aging will not tolerate harassment of any type. We will promptly investigate claims of harassment and take corrective measures, if required. Persons who believe they have been treated unfairly in the areas of employment, housing, education, credit or public accommodations as an employee or customer of Hawkeye Valley Area Agency on Aging, please contact in writing or call: Bob Schaffer Affirmative Action Program 2101 Kimball Avenue, Suite 320 Waterloo, IA 50702 319-272-2244 or 800-779-8707 or IOWA CIVIL RIGHTS COMMISSION Grimes State Office Building 400 E. 14th Street Des Moines, IA 50319 515-281-4121 or 800-457-4416
“And Justice For All” • We are required to display this poster at every site that HVAAA distributes Senior Farmers Market Coupons.
Required on all USDA Senior Farmers Market Program Outreach Material Outreach materials include all information sheets, brochures, publications, posters, and public announcements that inform the public about the Farmers Market Program, benefits or eligibility criteria. Any materials that are considered as Outreach must contain the following nondiscrimination statement. In accordance with Federal Law and the 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 of Civil Rights Room 326-W Whitten Building 1400 Independence Avenue, SW Washington, DC 20250-9410 Or call (202) 720-5964 (Voice and TDD) USDA is an Equal Opportunity Provider and Employer If the material is too small to permit the full statement, then the material will include at the minimum the statement, “HVAAA is an equal opportunity provider.” The nondiscrimination statement will be located on the material in a prominent place in bold print and in print size no smaller than the text.
Types of Public Notification • Newspaper articles • Radio/Television • Pamphlets/Fliers • Grassroots organizations
Basic Elements of Public Notification • Program Availability • hours of operation • location of clinics • Complaint Information • how to file a complaint • Nondiscrimination Statement
Data Collection and Reporting • Data is used to generate reports required by the Federal Government • Data is gathered for statistical purposes only • Collected data does not have any bearing on participation
Identification con’t • 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
Black (non-Hispanic) • A person with origins in any of the Black racial groups in Africa, including Haitians
Hispanic • A person of Central or South American, Cuban, Mexican, Puerto Rican, or other Spanish culture or origin regardless of race
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
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
White (non-Hispanic) • A person with origins in any of the original peoples of Europe, the Middle East, or North Africa
Records 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
Programs and Services Must be Accessible to All • Hawkeye Valley Area Agency on Aging has in place a contract with TeleInterpreters to assist with non-English speaking applicants. Non-English speaking applicants may contact by telephone 1-800-822-5552 this service. • Individuals who are visually impaired will be provided large type documents or magnifying glass to read documents upon request. Hawkeye Valley Agency on Aging will consult with Iowa Department of the Blind to obtain other reasonable accommodations for those with visual impairments. • Hearing impaired individuals will be provided the phone number to Relay Iowa, 7-1-1 or (800) 735-2942. Through the Deaf Services Commission of Iowa a listing of Licensed Sign Language Interpreters is available and may be utilized. This listing can be found at: http://www.state.ia.us/government/dhr/ds/Webpages/NEW.Resource2.htm • Reasonable accommodations will be made for applicants who disclose they have a disability during the application process and request an accommodation. Hawkeye Valley Area Agency on Aging will utilize community resources such as Vocational Rehabilitation, Iowa Department of the Blind, Deaf Services Commission of Iowa, Relay Iowa and others as needed to assist when an accommodation is requested and no immediate means to meet request is available. Accommodations will be made if reasonable, appropriate for the situation and not an undue hardship on the conduct of business.
Discrimination Is • Delayed service in receiving benefits • Denied benefits • Being treated differently than others to their disadvantage • Disparate treatment of others that is not discriminatory in nature, but has the impact of that puts an individual or a group at a disadvantage.
Examples of Discrimination • Exclusion of eligible persons based on race, color, national origin, age, sex, or disability • Inequitable service or allocation of resources based on protected classes • Issuance of food instruments in a place, time, or manner that results in denying or limiting benefits to a specific group
Examples of Discrimination con’t • Segregation of persons in waiting areas or by the way they are scheduled • Failure to apply the same eligibility criteria to all potentially eligible persons • Maintaining waiting lists based on race, color, national origin, age, sex or disability
Right to File a Complaint • Any person alleging discrimination on the basis of a protected class can file a complaint within 180 days of the alleged discriminatory action
Civil Rights Complaints can be made directly to USDA • A complaint of discrimination can be made directly to USDA, A written complaint should be sent to Director, Office of Adjudication and Compliance, 1400 Independence Avenue, SW, Washington DC 20250-9410. A verbal complaint 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TTY)
Civil Rights Complaints will be Accepted • In Writing • Orally • Anonymously
What to Do When a Complaint Is Received. • Use Complaint Form. Forms must be available at all Senior Farmer Market Program Distribution sites. • If a Civil Rights complaint is made, give a Civil Rights Complaint form to the person. They may complete the form there at the time of the incident or mail • Sponsors representatives must attempt to help complainant complete the form. • Document Complaint on Complaint Log • Forward Complaint to Central Office to the attention of Sally Myers or Bob Schaffer • Complaints will be forwarded to USDA. • Complaint logs must be retained for 3 years plus the current year even if no complaint was filed.
Optional Information Name Address Telephone number ComplaintInformation neededFor Complaint Log
ComplaintRequired Information needed con’t • Location where incident occurred • Description of the incident • Basis for the claim (protected class) • Names of witnesses • Date when action(s) occurred
Compliance Review Requirements • State agencies are responsible for reviewing local agencies • Local agencies are responsible for reviewing sub-recipients
Resolution of Noncompliance • HVAAA will be provided a written report to explaining the area of Civil Rights noncompliance • Appropriate citation being violated; law, regulation, policy, instruction or guidelines, etc. • Corrective Action Plan with a 60 day deadline to achieve compliance
USDA Civil Rights Training Thank you for your participation in today’s training. If you have any questions, please feel free to contact me. Bob Schaffer bschafffer@hvaaa.org (319) 272-2244