CIVIL RIGHTS TRAINING

1
CIVIL RIGHTSTRAINING

• INDIANA
• TEFAP CSFP
• April 12, 2006

2
WHAT ARE CIVIL RIGHTS?

• Civil rights are the nonpolitical rights of a
  citizen the rights of personal liberty
  guaranteed to U.S. citizens by the 13th and 14th
  Amendments to the U.S. Constitution and Acts of
  Congress.

3
GOALS OF CIVIL RIGHTS

• Equal treatment for all applicants and
  beneficiaries under the law
• Knowledge of rights and responsibilities
• Elimination of illegal barriers that prevent or
  deter people from receiving benefits
• Dignity and respect for all

4
What is Federal Financial Assistance?

• Federal financial assistance is anything of
  value received from the Federal government. It
  can include cash grants and loans, commodities,
  training, property donations such as excess
  computers, permission to use Federal property,
  and similar items and services.

5
CIVIL RIGHTS LAWS

• Title VI Civil Rights Act of 1964 Race,
  color, national origin
• Title IX of the Education Amendments of 1972 -
  Sex
• Section 504 of the Rehabilitation Act of 1973 -
  Disability
• Americans with Disabilities Act - Disability

6
CIVIL RIGHTS LAWS

• Age Discrimination Act of 1975 Age
• Civil Rights Restoration Act of 1987 Race,
  color national origin
• Program statutes and regulations race, color,
  national origin, sex, age, and disability

7
OTHER SOURCES

• USDA regulations at 7 CFR 15 et seq.
• TEFAP regulations at 7 CFR 251.10
• CSFP regulations at 7 CFR 247
• FNS Handbook 113-1 (11/8/2005)

8
WHAT IS A PROTECTED CLASS?

• Any person or group of people who have
  characteristics for which discrimination is
  prohibited based on a law, regulation, or
  executive order. Protected classes in TEFAP
  CSFP are race, color, national origin, age, sex,
  and disability.

9
TYPES OF DISCRIMINATION

• Disparate Treatment
• Disparate Impact
• Reprisal/Retaliation

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TYPES OF DISCRIMINATION

• Disparate treatment Person or group is
  discriminated against because of belonging to a
  protected class or is perceived to belong to a
  protected class. This type of discrimination is
  intentional. People can sue the agency that
  engages in such discrimination.

11
TYPES OF DISCRIMINATION

• Disparate Impact Person or group experiences
  discrimination because a rule or policy that
  appears neutral on its face impacts
  disproportionately on members of a certain group.
  This type of discrimination is often
  unintentional. After Sandoval case, remedy is
  for person to pursue relief through the Federal
  agency that supplied financial assistance to the
  program or activity.

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TYPES OF DISCRIMINATION

• Reprisal/Retaliation Person or associates
  treated badly or given a hard time because of
  previous civil rights or EEO activity such as
  filing a complaint. This can result in a finding
  even if the original complaint filed by the
  person is groundless.

13
2004 Equal Opportunity for Religious
Organizations Laws Protect Faith-Based
Organizations

• FBOs and CBOs have equal footing
• Prohibits discrimination against an organization
  on the basis of religion, religious belief or
  character in the distribution of funds
• Clarifies that FBOs can use space in their
  facilities without removing religious art or
  symbols

14
Law Protects Beneficiaries

• No organization that receives direct assistance
  from the USDA can discriminate against a
  beneficiary or prospective beneficiary on the
  basis of religion or religious belief
• FBOs retain their independence and carry out
  their mission, as long as USDA funds (or
  activities?) do not support worship, religious
  instruction or proselytization

15
ASSURANCES

• Help to Clarify Expectations
• Intended to help eliminate discrimination against
  applicants, participants, and beneficiaries
• Intended to prevent future discrimination
• Help address effects of past discrimination

16
TRAINING

• All who work with FNS funded programs must be
  trained.
• First line workers (including volunteers) and
  supervisors must receive annual training.
• Flexibilities in how training is provided.

17
CIVIL RIGHTS REQUIRED TRAINING TOPICS

• Collection use of data
• Effective public notification systems
• Complaint procedures
• Compliance review techniques
• Resolution of noncompliance
• Reasonable accommodation of people with
  disabilities
• Language assistance
• Conflict resolution and
• Customer service.

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TRAINING TIPS

• Cover the basics
• Give people an understanding about the origin of
  the requirements (i.e. laws that cover all
  federally funded entities)
• Use relevant examples and situations to
  illustrate concepts

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TRAINING TIPS

• Anticipate issues and questions and be prepared
  to address them
• Recognize and value differences
• Be sensitive to the fact that civil rights can be
  very personal and that people approach it from
  diverse points of reference

20
TRAINING TIPS

• Answer questions directly and clearly.
• If you dont know the answer DO NOT make
  something up agree to get the answer and then
  follow up.
• Contact FNS for help. FNS may know of similar
  situations in other areas or could check to see
  if anyone else has encountered similar
  situations.

21
COLLECTION USE OF DATA

• Required for CSFP
• Currently not required in TEFAP except initial
  estimates
• In general, any data collected about
  beneficiaries should be kept secure and
  confidential.

22
COLLECTION USE OF DATA

• People self-declare
• If they refuse, advise that you or someone else
  will code for them based on perception.
• RATIONALE Discrimination is often based on
  perception, and others would probably have a
  similar perception to the person doing the coding.

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COLLECTION USE OF DATA

• Helps determine if there are disparities between
  the potentially eligible population and the
  participating population or shows discrimination
• Outreach efforts can be targeted
• In general, any data collected about
  beneficiaries should be kept secure and
  confidential.

24
PUBLIC NOTIFICATION

• Prominently display the And Justice for All
  poster.
• Inform potentially eligible persons, applicants,
  participants and grassroots organizations of
  programs or changes in programs.
• Provide appropriate information in alternative
  formats for persons with disabilities.
• Provide information in other languages for LEP
  populations

25
PUBLIC NOTIFICATION

• Include the required nondiscrimination statement
  on all appropriate FNS and agency publications,
  Web sites, posters and informational materials.
• Convey the message of equal opportunity in all
  photos and other graphics that are used to
  provide program or program-related information.

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NON-DISCRIMINATION STATEMENT

• In accordance with Federal law and 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, Office of
  Civil Rights, 1400 Independence Avenue, SW,
  Washington, D.C. 20250-9410 or call (800)
  795-3272 or [phone] (TTY). USDA is an
  equal opportunity provider and employer.
• Dont forget web sites!!!

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COMPLAINTS INVESTIGATION

• Be aware of the bases for which complaints may be
  filed race, color, national origin, age, sex,
  and disability
• Never discourage groups or individuals from
  filing complaints or from voicing allegations of
  discrimination.
• Know where to file a complaint - USDA

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COMPLAINTS INVESTIGATION

• To file a complaint, complainants may write to
  USDA, Director, Office of Civil Rights, 1400
  Independence Avenue, SW, Washington, D.C.
  20250-9410 or call [phone] or (202)
  720-6382 (TTY).  In the Midwest Region they may
  also write to Regional Director, Civil
  Rights/EEO, 77 W. Jackson Blvd., FL 20, Chicago,
  IL 60604-3591 or call [phone].

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COMPLAINTS INVESTIGATION

• Department
• ? ?
• FNS Headquarters
• ? ?
• FNS Regional Office
• ? ?
• FNS Field Office

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COMPLIANCE REVIEWS

• Pre-award, post-award, and special
• Check for non-discrimination and insure civil
  rights requirements being followed

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RESOLUTION OF NONCOMPLIANCE

• CORRECTIVE ACTIONS
• Cease inappropriate actions
• Institute appropriate procedures
• FAILURE/REFUSAL CAN RESULT IN LOSS OF FEDERAL
  ASSISTANCE!

32
REASONABLE ACCOMMODATIONS

• INSURE ACCESS FOR PEOPLE WITH DISABILITIES!
• Parking lot, entrances exits, halls, elevators,
  rest rooms, sign language interpreters, Braille
  signage, service animals
• Alternative arrangements for service

33
LANGUAGE ASSISTANCE

• People with limited English proficiency (LEP)
  need to be served in other languages
• Outreach in other languages is important
• Service must be provided flexibility in how it
  is provided

34
LANGUAGE ASSISTANCE

• How service is provided depends on
• number proportion of LEP persons served or
  encountered in eligible population
• frequency of LEP persons contact with program
• nature importance of program, activity, or
  service and
• resources available and costs.
• SHORTAGE OF RESOURCES DOES NOT ELIMINATE
  REQUIREMENT!!!

35
LANGUAGE ASSISTANCE

• Children who are minors should not be used as
  interpreters.
• Volunteers may be used, but make sure they
  understand interpreter ethics particularly
  confidentiality!
• See www.lep.gov for more information

36
CONFLICT RESOLUTION

• Try to remain calm
• Try to explain situation
• Get help, especially if threats or if violence is
  possible
• Use alternative dispute resolution (ADR)
  techniques

37
CUSTOMER SERVICE

• PLATINUM RULE
• Treat others the way they want to be treated (or
  at least be aware of what that is).

38
SITUATIONS

• Where does the USDA non-discrimination statement
  need to be included? What are the main
  differences between the long and short versions
  and when is one preferable as opposed to the
  other?
• This institution is an equal opportunity
  provider.

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SITUATIONS

• A complaint is received from a pantry that
  someone who came to conduct a review was rude and
  disrespectful. The complaint states that the
  reviewers tone was demeaning and generally
  unpleasant. Are there civil rights issues here
  and if so, what? Does it make a difference if
  the provider and reviewer are different races,
  national origins or genders?

40
SITUATIONS

• Some people come to the pantry and do not speak
  English. You cannot understand them and have no
  idea what language they are speaking. You write
  a note to give to someone saying that they need
  to return with an interpreter. Is this proper or
  should something else be done?

41
SITUATIONS

• A pantry manager designates Wednesday as Polish
  Day to make sure that there is an interpreter
  present and to make people feel comfortable.
  Should the manager get an award for being
  innovative or be counseled for possible civil
  rights problems?

42
SITUATIONS

• A pantry worker denies commodities to a Hispanic
  family because she thinks they are Arabic and
  thinks it is patriotic to exclude those she
  considers responsible for 9/11. Is this
  discrimination since they are not Arabic but are
  Hispanic?

43
SITUATIONS

• In taking someones application for CSFP you ask
  for information on race and ethnicity. The
  person refuses to provide this information. What
  should you do?

44
SITUATIONS

• When conducting a compliance review, you find
  that a food pantry that receives Federal
  financial assistance is not accessible to people
  with wheel chairs. What are some possible
  corrective actions?

45
SITUATIONS

• The CSFP decides to schedule different commodity
  delivery days for people who live on the eastern
  and western halves of the covered area. The
  western residents would get their commodities two
  days later. Most of the people who live on the
  west side are minorities. Is this
  discrimination? If so, what type of
  discrimination would it be? Is there a
  possible business reason for doing this?

46
SITUATIONS

• What are some good ways of publicizing the TEFAP
  and CSFP programs to people who might be eligible
  and benefit from receiving commodities?

47
SITUATIONS

• An agency or distribution site decides to
  provide computer based training on civil rights
  to its volunteers. Is this allowable? What are
  some other alternatives?

48
SITUATIONS

• A 55 year old disabled person is denied for CSFP
  and alleges discrimination and wants to file a
  complaint. You know that discrimination was not
  a factor in the decision. What should you do?

49
SITUATIONS

• A CSFP manager is very angry that the person in
  the previous situation filed a discrimination
  complaint and took up a lot of her time and made
  her look bad. She tells her co-workers to watch
  out for this troublemaker. The next time the
  person visits, he encounters attitude from
  employees. What are the civil rights violations
  described here?

50
SITUATIONS

• A local church approaches you before the
  holidays and asks for a list of Hispanic people
  who are receiving your services so that their
  outreach ministry can contact them. What civil
  rights issues does this pose and how should this
  be handled?

51
SITUATIONS

• You conduct food pantry immediately following an
  afternoon worship service at your church. People
  who attend the service are served first. Does
  this policy pose a civil rights violation?

52
SITUATIONS

• The pastor at your church pantry will serve
  people who visit her outside of regular pantry
  hours. She considers this part of her job in
  ministering to her parishioners and the
  community. Does this pose a problem?

53
SITUATIONS

• A faith based organization that receives
  commodities wants to require beneficiaries to
  attend a religious service before commodities are
  distributed. The organization claims this is
  allowed under the nondiscrimination provisions of
  the new faith based regulations. What is your
  response?

54
SITUATIONS

• Another organization wants to enclose religious
  literature with the food packages. Is this
  allowable under the new faith based rules that
  prohibit discrimination against religious
  institutions?

55
SITUATIONS

• You receive a complaint from a well-known
  atheist who says he was not hired by a federally
  funded faith-based organization because of his
  religious views. He asks you to do something.
  What should you do?

56
SITUATIONS

• Your meal program begins with a prayer offered
  by the program director. No one has complained
  about this, but you wonder is it allowable?

57
SITUATIONS

• Each new participant must meet with the pastor
  at your church before they are served the first
  time. Is this appropriate?

58
SITUATIONS

• A commodity recipient objects to the fact that
  a cross is displayed where commodities are being
  distributed and insists that separation of church
  and state requires that it be covered up. What
  is your response?

59
SITUATIONS

• Representatives from an ethnic minority group
  contact you and insist you must provide ethnic
  food choices or you are discriminating. Is their
  complaint legitimate and why?

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QUESTIONS?
61
CLOSING THOUGHTS

• A hungry man is not a free man.
• Adlai E. Stevenson
• "True individual freedom cannot exist without
  economic security and independence. People who
  are hungry and out of a job are the stuff of
  which dictatorships are made.
• Franklin Roosevelt

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CONTACT INFORMATION

• Gilda M. Karu, Regional Director
• Civil Rights/EEO
• USDA, Food Nutrition Service
• Midwest Regional Office
• 77 W. Jackson Blvd., FL 20
• Chicago, IL 60604-3591
• Phone [phone]
• E-mail gilda.karu_at_fns.usda.gov
• Web Site www.fns.usda.gov/cr