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This training ensures that program administrators understand federal laws, regulations, and policies that impact their food programs. It covers discrimination based on race, color, national origin, age, sex, and disability. Participants will learn about program availability, complaint procedures, and the importance of including a nondiscrimination statement in program materials.
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Civil Rights Training Alabama State Department of Education Civil RightsDivision FoodandNutritionService,USDA 1
Trainingisrequiredsothatindividuals involvedinalllevelsofadministrationof programsthatreceiveFederalfinancialassistancealso understandFederallaws,regulations,instructions,policiesandotherguidance that impacts their food program(s).
Discrimination isany different treatmentwhichmakesa distinctionofone person or agroupofpersons from others;either intentionally,by neglect,orbythe actions orlackof actionsbased on…
Six protected"bases"of Discrimination: 1)Race 2)Color 3)NationalOrigin 4)Age 5)Sex 6)Disability
To qualifyforFederalfinancialassistance,the Food Bank of North Alabama mustprovide a writtenassurancethattheirprogramwillbe operatedincompliancewiththeCivilRightslawsand implementingnondiscriminationregulations. As a “Subrecipient” of such aid, your agency agreement with the Food Bank of North Alabama must alsoincludeaCivil Rightsassuranceofnondiscrimination.
Theseassurancesof compliance arebindingontheprogramapplicantanditssuccessors,transferees,and assignees,as longas they receiveassistanceorretain possessionofanyassistancefromUSDA.
Allfoodassistanceprograms mustincludea"public notificationsystem.“ These systems consist of elements that must be easily accessible and visible at the point of food distribution, as well as elements whenever you advertise or promote your food program.
ProgramAvailability • You must informapplicants,participants,and potentially eligiblepersonsoftheirprogramrightsand responsibilitiesand thesteps necessaryfor participation.This can be accomplished by posting the information at the point of distribution. • ComplaintInformation • Adviseapplicantsand participantsattheservice deliverypointoftheirrightto filea complaint, howto filea complaint, andthecomplaintprocedures.This is also accomplished by posting a complaint procedure prominently at the point of distribution.
NondiscriminationStatement Allinformationmaterials and sources,includingWebsites,usedtoinformthepublicabout foodprogramsmustcontaina nondiscriminationstatement. (Also accomplished by posting it at point of distribution). If you are advertising your food program in any way, including church newsletters, it must include a basic non-discrimination statement. Thestatementisnotrequiredtobe includedonevery pageofaprogram‘sWebsite.Ata minimum, thenondiscriminationstatementora linkto itmust beincludedonthehomepageofthe programinformation. The Food Bank posts this on OUR website, which lists all our agencies. 20
As a Food Bank partner, you must: • Makeprograminformationavailabletothepublicupon request; • Prominentlydisplaythe“AndJusticeforAll”poster; • Inform potentiallyeligiblepersons,applicants,participants andgrassrootsorganizations ofprogramsor changesin programs; • Conveythemessageof equalopportunityinallphotosandothergraphicsthatareusedtoprovideprogramor program-relatedinformation; • Provideappropriateinformationinalternativeformats for personswithdisabilitiesandintheappropriatelanguage(s) forLEPpersons.
InaccordancewithFederalcivilrightslawand U.S. DepartmentofAgriculture(USDA)civilrightsregulationsand policies,theUSDA,itsAgencies,offices,and employees,and institutions participatingin or administeringUSDA programsareprohibitedfrom discriminatingbasedon race,color,nationalorigin,sex, disability,age,or reprisalor retaliationfor priorcivilrightsactivityin anyprogramor activityconductedor fundedbyUSDA. Personswithdisabilitieswho requirealternativemeansofcommunicationforprograminformation(e.g.Braille,large print,audiotape,AmericanSign Language,etc.),shouldcontacttheAgency(Stateorlocal)wheretheyappliedfor benefits. Individualswho aredeaf,hardofhearingorhavespeechdisabilitiesmaycontactUSDAthroughthe Federal RelayServiceat(800) 877-8339. Additionally,programinformationmaybemadeavailablein languagesotherthan English. To fileaprogramcomplaintofdiscrimination,completetheUSDAProgramDiscriminationComplaintForm, (AD-3027) foundonlineat:http://www.ascr.usda.gov/complaint_filing_cust.html,andatanyUSDAoffice,orwritealetteraddressed to USDAandprovideintheletteralloftheinformationrequestedintheform.To requesta copyofthecomplaintform, call(866)632-9992.Submityourcompletedform orletterto USDAby: (1) mail:U.S.DepartmentofAgriculture OfficeoftheAssistant Secretaryfor Civil Rights 1400 IndependenceAvenue,SW Washington,D.C.20250-9410; (2) fax: (202)690-7442; or (3) email:program.intake@usda.gov. This institution is anequalopportunity provider.
De conformidadconlaLeyFederaldeDerechosCiviles ylos reglamentosypolíticasdederechoscivilesdelDepartamentode Agriculturadelos EE.UU. (USDA,por sussiglaseninglés),seprohíbeque elUSDA,susagencias,oficinas,empleadose institucionesqueparticipano administranprogramasdelUSDAdiscriminensobre labasederaza,color,nacionalidad,sexo, discapacidad,edad,o enrepresaliao venganzapor actividadespreviasdederechoscivilesenalgúnprogramao actividad realizadoso financiadospor elUSDA. Laspersonascondiscapacidadesquenecesitenmediosalternativosparalacomunicacióndelainformacióndelprograma(por ejemplo,sistemaBraille,letrasgrandes,cintasde audio,lenguajedeseñas americano,etc.),debenponerse encontactoconla agencia(estatalo local)enlaquesolicitaronlosbeneficios.Laspersonassordas, condificultadesdeaudicióno discapacidades delhablapuedencomunicarsecon elUSDApor mediodelFederalRelayService[ServicioFederaldeRetransmisión]al(800) 877-8339.Además,lainformacióndel programasepuedeproporcionarenotros idiomas. Para presentarunadenunciadediscriminación,completeelFormulariodeDenunciadeDiscriminacióndelProgramadelUSDA,(AD-3027)que estádisponible enlíneaen:http://www.ascr.usda.gov/complaint_filing_cust.htmly en cualquieroficina delUSDA,o bienescribaunacartadirigidaalUSDAeincluyaenlacartatodala informaciónsolicitadaenelformulario.Para solicitarunacopiadelformulariodedenuncia,llameal(866)632-9992.Hagallegarsu formulariollenoo cartaalUSDApor: (1) correo:U.S.DepartmentofAgriculture OfficeoftheAssistant Secretaryfor Civil Rights 1400IndependenceAvenue,SW Washington,D.C.20250-9410; (2) fax: (202)690-7442; o (3) correoelectrónico:program.intake@usda.gov. Estainstituciónes un proveedorqueofreceigualdaddeoportunidades.
Ataminimum,theBASIC/SHORT VERSION of the NondiscriminationStatement(see next slide)shouldbeon: ApplicationForm(s) NotificationofEligibilityorIneligibility Program(Home)WebPage PublicInformation, includingprogramliterature
The Shortversion of the Non-discrimination Statement: • "This institutionisan equalopportunityprovider." • Estainstituciónes unproveedorqueofreceigualdaddeoportunidades. • (Publish BOTH the English and Spanish lines in your publications or web postings about your food program).
Displaytheposter ina prominent locationforalltoview • AD-475A • Newrequiredversion (green).Contact the Food Bank if you do not have this newer version.
Complaintsshallbeacceptedand forwardedto USDA; Complaintsmustbefiledwithin180daysfromthe allegedact of discrimination; Complaintsmaybewritten,verbal,or anonymous; Stateagenciesorsubrecipientagencies (Food Bank partner agencies)maydevelop theirowncomplaintforms,but the useof suchforms cannot bea pre-requisitefor acceptance; A separateCivilRightscomplaintlog shall be maintainedbythe State&subrecipientagency; Confidentialityisextremelyimportantandmustbe maintained.
Complaintsshould include: Name,address,andtelephonenumber complainant ofthe Thelocationand nameoftheorganization oroffice Thenatureoftheincident oraction Thenames,titles,and businessaddressesof persons whomayhaveknowledgeofthediscriminatoryaction Thedate(s)duringwhichtheallegeddiscriminatory actionsoccurred Thebasisfortheallegeddiscrimination.
USDADiscrimination ComplaintForm • English • http://www.ocio.usda.gov/sites/default/files/docs/2012/Co • mplain_combined_6_8_12.pdf • Spanish • http://www.ocio.usda.gov/sites/default/files/docs/2012/Spanish_Form_508_Compliant_6_8_12_0.pdf
The Food Bank of North Alabama is responsiblefortraining our partner agencieson an annualbasis. Partner agencies are responsibleforfurther trainingat their site, including“frontlinestaff”who interactwith applicantsor participantson anannualbasis. Document this employee training with a training log. New employeesof your agency must be trained in Civil Rights beforeparticipatingin your Food Programactivities. Volunteersmustreceivetrainingappropriate to theirrolesandresponsibilities 30
Handling a Civil Rights Complaint at your Agency* Listen to the person making the complaint* Practice good customer service* Write it down using an established form (see the Food Bank or USDA website for most recent version)* Immediately move complaint up to the person in charge of your program.
FORMALIZE your Complaint Process* Document your agency’s civil rights complaint process* Update the process as needed* Make sure your staff and volunteers who work with your food program know the procedure when a complaint is lodged.
KNOW THE DIFFERENCE between a Civil Rights Complaint and a Program Complaint* A program complaint is NOT the same thing as a Civil Rights Complaint – program complaints are not based on one of the six protected classes, and are typically about things like food safety or quality and customer service. * Your agency should have an internal method for dealing with program complaints from your clients, but understand the difference between them and a civil rights complaint.
EQUAL OPPORTUNITIES FORRELIGIOUS ORGANIZATIONSIt is important to ensure a “level playing field” for the participation of faith-based organizations and other community organizations in USDA programs.A Religious organization that participates in a USDA program is allowed to retain its independence and continue to carry out its mission.USDA funds may not support any inherently religious activities such as worship, religious instruction, or trying to convert to any religion. These activities must be conducted INDEPENDENTLY of any food distribution program.
EQUAL OPPORTUNITIES FORRELIGIOUS ORGANIZATIONSFaith-based organizations CAN:* Use space in their facilities to provide USDA funded services (food) without removing religious art, icons, scriptures, or other religious symbols. * Can retain religious terms in organization’s name, even in Food Program’s name (example: First Baptist Church has a food program they call “Jesus Feeds.” No problem with that).
EQUAL OPPORTUNITIES FORRELIGIOUS ORGANIZATIONSFaith-based organizations CANNOT:* Discriminate for or against an organization on the basis of religion or religious affiliation* Discriminate against a program beneficiary on the basis of religion or religious belief* Require joining a religious organization or group, or attending or participating in a religious practice or serve as a condition of receiving the food.
EQUAL OPPORTUNITIES FORRELIGIOUS ORGANIZATIONSFaith-based organizations CANNOT:* Organizations may not engage in any inherently religious activities, such as worship, religious instruction, or trying to convert to any religion AS PART OF THE DISTRIBUTION of food.* Religious activities must be offered separately, in time or location, from the distribution of food.
SAMPLE CIVIL RIGHTS COMPLAINT #1 A complaint is received at your food pantry where a person was given less food than what other people of a different race received, even though they have about the same number of people in the household. The person complaining believes the difference was because she is a different race than the volunteers at the church doing the food distribution. IS THIS A LEGITIMATE CIVIL RIGHTS COMPLAINT?
YES • This is a Civil Rights violation, because “Race” is considered a Protected Class. • NEXT STEPS: • Read your Civil Rights Complaint Procedure • Contact the State of Alabama Department of Education with the complaint via phone and/or email as soon as possible. • Mail written documentation of the complaint to the State of Alabama Department of Education within 3 to 10 business days from when you received the complaint. • The complaintant MAY choose to contact the State of Alabama directly – that is permissable, but also retain thorough records at your organizatiion.
SAMPLE CIVIL RIGHTS COMPLAINT #2 A complaint was received from a woman who said she was not allowed to receive food at a local pantry. She was told she did not qualify because she is over 65 years of age. The woman says she was required to prove her age and eligibility by showing her drivers license. IS THIS A LEGITIMATE CIVIL RIGHTS COMPLAINT?
YES This is a Civil Rights violation, because “Age” is considered a Protected Class. Food Pantries should not ask for any type of verification such as Driver’s License, social security card, or any other form of identification to verify the recipient’s personal information. The eligibility form used by the USDA program is considered “self-attesting” - it does not require the recipient provide proof of their eligibility statements.
SAMPLE CIVIL RIGHTS COMPLAINT #3 A food pantry received a complaint that a volunteer who was conducting a screening for eligibility to receive food from the pantry asked a woman the following questions: “Name, address, are you registered to vote? If so, will you be voting for John Jones for public office?” When the client answered “no,” the volunteer stated she did not qualify to receive food at this time. The complaintant believes she did not receive food due to her stated voting preference, even though she did meet the standard eligibility criteria. IS THIS A LEGITIMATE CIVIL RIGHTS COMPLAINT?
NO This is a valid PROGRAM complaint, but not a Civil Rights complaint. Political beliefs should NOT be asked about during a food distribution, but ones’ political beliefs are not considered a “protected class” under the USDA food program or civil rights.
SAMPLE CIVIL RIGHTS COMPLAINT #4 A food pantry received a complaint from a man who claims he is handicapped and can’t walk up the five stairs to the pantry. He wants them to deliver the food to his house. The pantry has a designated handicap parking spot at the entrance and a sign noting that a person can honk and food will be brought to the car. The man still insisted they deliver the food to his house or else he would file a complaint. IS THIS A LEGITIMATE CIVIL RIGHTS COMPLAINT?
NO While disability IS a protected class under civil rights law, the pantry had made a reasonable accommodation for the handicapped by designating both a space and a process whereby a handicapped person could receive food there without having to negotiate stairs. The recipient could still file a complaint, but the Food pantry has already made a reasonable accommodation at their program.
SAMPLE CIVIL RIGHTS COMPLAINT #5 A program received a complaint that a man was refused food at its soup kitchen serving USDA food because he is of Arabic descent and a Muslim. The soup kitchen requires the group to bow their head and say the Lord’s Prayer before the meal is served. He had refused to do so, otherwise, they would have served him. IS THIS A LEGITIMATE CIVIL RIGHTS COMPLAINT?
MAYBE This COULD be a Civil Rights complaint under “National Origin,” but it would have to be proven that the soup kitchen did discriminate due to the client being Arabic. If that could not be proven, then this would not be a Civil Rights complaint, but could be a Program complaint under “Religion.” REMEMBER: While not a Civil Rights complaint, Program complaints must also be handled seriously by your agency, and you should have a specific policy and procedure for dealing with those types of complaints, too. Program complaints made directly to your organization (rather than to the Food Bank) should be taken and forwarded to the Food Bank for evaluation.
TRAINING COMPLETE(well…almost!)Please return to the Survey Monkey program to complete the final step – you will NOT show as having completed this required annual training unless you return and complete final step inside the surveymonkey.com program.
