CIVIL RIGHTSCIVIL RIGHTSTraining Session

Why Training is Necessary

• Required by TEFAP/CSFP Contract• Encourages voluntary compliance• All employees and volunteers who have

public contact should know basics

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

• 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

What is unlawful discrimination?

• Disparate Treatment (intentional)

• Disparate/Adverse Impact (unintentional)

• Retaliation

Limited English Proficiency (LEP)

• Identify languages• Identify where needed• Identify extent of needs• Identify how to best meet needs• See www.lep.gov for more info

Outreach and Education

• Reach as many potential eligible people as possible

• Insure program access & awareness of rights• Pay attention to under-represented groups• Insure information is available in other

languages (limited English proficiency) When using graphics, reflect diversity and inclusion.

• Show people of different races, colors, national origins, males, females, and persons with disabilities

Assurance• 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

Program Participants cannot be discriminated based on the following:

• Race

• Color

• National Origin

• Age

• Sex

• Disability

Equal Opportunity Rules1. No organization, in the administration or distribution

of Federal funds, will be discriminated against on the basis of religion, or religious belief.

2. Religious organizations retain their independence to carry out their mission, provided that direct USDA funds do not support any inherently religious activities such as religious instruction or recruiting.

Equal Opportunity Rules

3. Faith-based organizations can use space in their facilities to provide USDA-funded services without removing religious art, icons, scriptures or other religious symbols

4. No organization that receives USDA funds can discriminate against a program beneficiary, or prospective beneficiary on the basis of religion or religious beliefs.

COMPLAINTSWhat is a Civil Rights Complaint?

• Must be against a component of the federal program.

• Must be based on one or more of the protected classes.

• Must be filed within 180 days of the occurrence or notice.

Complaints•Be aware of the basics for which CR complaints may be filed in TEFAP and CSFP: 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

What are the protected classes for filing a discrimination

complaint against an FNS program?

• Race, color, national origin,

age, sex, disability, religion, and political

affiliation (not all biases apply to all

Programs)

Where to file a complaint

USDA, Food and Nutrition Service

Midwest Regional Office

77 West Jackson Blvd FL 20

Chicago, IL 60604-3591

Phone 312-353-3353

Web site: www.fns.usda.gov/cr

Situations

Situation 1:

The food pantry is located in a building with a small step to get in the door. Could this cause any problems from a civil rights perspective, and if so what and what might be done?

Situation 2: A gay couple comes in for food. This

lifestyle is contrary to the teachings of your faith-based organization. Would it be appropriate to suggest that they go to another more secular food pantry? Could you require that they undergo some counseling?

Situation 3: You are very angry that the person in the

previous situation accused you of discrimination. You tell your co-workers to

watch out for this “troublemaker.” The next time the person contacts the office,

she encounters “attitude” from employees. What are the civil rights violations

described here?

Situation 4:

You receive a discrimination complaint alleging that white beneficiaries of CSFP are getting better food than black beneficiaries. You know this is not true. What should you do? What is the legal basis of the complaint?

Situation 5: There has been a line at the pantry all morning. A

beautiful woman walks up to the director of the pantry and asks if she can jump ahead in line. Another gentleman had already asked to jump

the line because he was going to be late to work. The director lets one of them jump the line, but not the other. Is this a Civil Rights violation?

Situation 6: A customer comes in without an address

verification. He is given an emergency bag of food and told to bring his

verification with him next time. A half of an hour later another customer comes in without an address verification. This

customer does not get served. Is this a Civil Rights violation?

Situation 7: On May 1st a pantry opens that is supported by the

Catholic Church. Although the pantry opens at 10:00 a.m., clients are asked to have a seat before the pantry “officially opens.” They are then asked to join in saying the “Hail Mary” because May is the month that Catholics

observe Mary as the Queen of Heaven and Mother of God. There is a statue of Mary in the lobby and a little girl is asked to place flowers in

front of the statue. Many of the clients are Catholic. Is this okay?

Situation 8:

A man walks into a pantry that is supported by the Pentecostal Church. He is ill and

asks the volunteer if the preacher can talk to him and pray with him. Is it okay for the

pastor to say a prayer with this man?

Situation 9:

A woman walks into a pantry and signs up to receive food. She is asked about her current circumstances and offers the information that

she is a single mom. The volunteer at the food pantry tells her that pre-marital sex is wrong and

hands her a pamphlet that says, “Are You Saved?” on the cover. The client takes the

pamphlet and smiles politely. Has this client’s rights been violated?

QUESTIONS?