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ODJFS - BCR July 2008ODJFS - BCR July 2008
FNS Instruction 113-1FNS Instruction 113-1
Civil Rights Training for Food Civil Rights Training for Food Stamp Programs and ActivitiesStamp Programs and Activities
ODJFS - BCR July 2008ODJFS - BCR July 2008
PurposePurpose
Establish and Establish and conveys policyconveys policy
Ensures Ensures compliance with compliance with and enforcement and enforcement of the prohibition of the prohibition against against discrimination in all discrimination in all FNS programs and FNS programs and activities, whether activities, whether federally funded in federally funded in whole or notwhole or not
ODJFS - BCR July 2008ODJFS - BCR July 2008
FNS 113-1 ChangesFNS 113-1 Changes
Certain procedures related to recent Certain procedures related to recent regulatory changesregulatory changes
Updates Data Collection ProceduresUpdates Data Collection Procedures Adds Equal Opportunity for Religious Adds Equal Opportunity for Religious
OrganizationsOrganizations Revises Complaint Handling Revises Complaint Handling
ProceduresProcedures Makes the FNS-113-1 a Single Makes the FNS-113-1 a Single
Reference for Civil Rights Reference for Civil Rights Compliance and EnforcementCompliance and Enforcement
ODJFS - BCR July 2008ODJFS - BCR July 2008
3 New Sections in FNS113-13 New Sections in FNS113-1
Limited English Proficiency Limited English Proficiency (LEP)(LEP)
Equal Opportunity for Religious Equal Opportunity for Religious OrganizationsOrganizations
AppendicesAppendices
ODJFS - BCR July 2008ODJFS - BCR July 2008
AuthorityAuthority
Title VI of the Civil Title VI of the Civil Rights Act 1964Rights Act 1964
American with American with Disability ActDisability Act
Title IX of the Title IX of the Education Education Amendments of 1972Amendments of 1972
Section 504 of the Section 504 of the Rehabilitation Act of Rehabilitation Act of 19731973
Age Discrimination Act Age Discrimination Act of 1975of 1975
The Personal The Personal Responsibility and Responsibility and Work Opportunity Work Opportunity Reconciliation Act of Reconciliation Act of 1996 1996
Food Stamp Act of Food Stamp Act of 19771977
Executive Order Executive Order 1316613166
USDA Departmental USDA Departmental Regulation 4330-2Regulation 4330-2
7CFR Part 16, Equal 7CFR Part 16, Equal Opportunity for Opportunity for Religious Religious OrganizationsOrganizations
ODJFS - BCR July 2008ODJFS - BCR July 2008
Protected Classes for FNS Protected Classes for FNS ProgramsPrograms
RaceRace ColorColor National OriginNational Origin SexSex AgeAge DisabilityDisability Religious Creed and Religious Creed and Political BeliefsPolitical Beliefs
ODJFS - BCR July 2008ODJFS - BCR July 2008
Food Stamp ProgramFood Stamp ProgramResponsibilities FNS 113-1Responsibilities FNS 113-1 Collection and use Collection and use
of racial/ethnic of racial/ethnic datadata
The development The development of an effective of an effective public notification public notification systemsystem
A plan for equal A plan for equal accessaccess
Reasonable Reasonable accommodation of accommodation of persons with persons with disabilities.disabilities.
Requirements for Requirements for language language assistanceassistance
Plan for conflict Plan for conflict resolution which resolution which includes the includes the development of a development of a complaint complaint procedureprocedure
ODJFS - BCR July 2008ODJFS - BCR July 2008
7 Categories 7 Categories
TrainingTraining LEPLEP Religious OrganizationsReligious Organizations Public Notification and AssurancesPublic Notification and Assurances Data collectionData collection ComplaintsComplaints Compliance reviews and Resolution Compliance reviews and Resolution
of Non-Complianceof Non-Compliance
ODJFS - BCR July 2008ODJFS - BCR July 2008
Civil Rights TrainingCivil Rights Training
USDA
State AgencyODJFS
Local Agency(CDJFS)
Frontline Staff
ODJFS - BCR July 2008ODJFS - BCR July 2008
Limited English Proficiency Limited English Proficiency (LEP)(LEP)
An LEP individual is a person An LEP individual is a person who is unable to speak, read, who is unable to speak, read, write or understand the English write or understand the English language at a level that permits language at a level that permits him or her to interact him or her to interact effectivelyeffectively with health and social services with health and social services agencies and providers.agencies and providers.
ODJFS - BCR July 2008ODJFS - BCR July 2008
Equal Opportunity for Equal Opportunity for Religious OrganizationsReligious Organizations
Ensures a level playing field for Ensures a level playing field for the participation of faith based the participation of faith based organizations and other organizations and other community organizations in community organizations in USDA programs. USDA programs.
ODJFS - BCR July 2008ODJFS - BCR July 2008
Public NotificationPublic Notification
Program rights and Program rights and responsibilitiesresponsibilities
Nondiscrimination policyNondiscrimination policy Procedures for filing a complaintProcedures for filing a complaint
ODJFS - BCR July 2008ODJFS - BCR July 2008
Methods of Public NotificationMethods of Public Notification
Prominently display the “And Justice for All” poster.Prominently display the “And Justice for All” poster. Inform potentially eligibly person, applicants, Inform potentially eligibly person, applicants,
participants and grassroots organizations of participants and grassroots organizations of programs or changes in programs.programs or changes in programs.
Provide appropriate information in alternative Provide appropriate information in alternative formats for person with disabilities.formats for person with disabilities.
Include the required nondiscrimination statement on Include the required nondiscrimination statement on all appropriate FNS and agency publications, all appropriate FNS and agency publications, websites posters and information materials.websites posters and information materials.
Convey the message of equal opportunity in all Convey the message of equal opportunity in all photos and other graphics that are used to provide photos and other graphics that are used to provide or program-related information. or program-related information.
ODJFS - BCR July 2008ODJFS - BCR July 2008
ODJFS - BCR July 2008ODJFS - BCR July 2008
Nondiscrimination StatementNondiscrimination Statement
In accordance with Federal law and U.S. In accordance with Federal law and U.S. Department of Agriculture policy, this Department of Agriculture policy, this institution is prohibited from discriminating institution is prohibited from discriminating on the basis of race, color, national origin, on the basis of race, color, national origin, sex, age or disability.sex, age or disability.
To file a complaint or discrimination write To file a complaint or discrimination write USDA, Director, Office of Civil Rights 1400 USDA, Director, Office of Civil Rights 1400 Independence Avenue, SW, Washington, Independence Avenue, SW, Washington, D.C. 20250-9410 or call (800) 795-3272 or D.C. 20250-9410 or call (800) 795-3272 or (202) 720-6382 (TTY) and USDA is an (202) 720-6382 (TTY) and USDA is an equal opportunity provider and employerequal opportunity provider and employer
ODJFS - BCR July 2008ODJFS - BCR July 2008
Data Collection and ReportingData Collection and Reporting
State agencies, local agencies, State agencies, local agencies, and other sub-recipients are and other sub-recipients are required to obtain data by race required to obtain data by race and ethnic category on and ethnic category on potentially eligible populations, potentially eligible populations, applicants and participants in applicants and participants in their program service area.their program service area.
ODJFS - BCR July 2008ODJFS - BCR July 2008
Collection of DataCollection of Data
ODJFS collects racial and ethnic ODJFS collects racial and ethnic participation for statistical participation for statistical reasons. reasons.
USDA mandates the collection USDA mandates the collection of racial and ethnic participation of racial and ethnic participation data.data.
Racial/ethnic data is required for Racial/ethnic data is required for each applicant/participant at the each applicant/participant at the time of application/certificationtime of application/certification
ODJFS - BCR July 2008ODJFS - BCR July 2008
Race & Ethnic Categories Race & Ethnic Categories Two Question FormatTwo Question Format
Ethnicity:Ethnicity: Hispanic or LatinoHispanic or Latino Not Hispanic or LatinoNot Hispanic or Latino
RaceRaceo American Indian or Alaskan NativeAmerican Indian or Alaskan Nativeo Asian Asian o Black or African AmericanBlack or African Americano Native Hawaiian or Other Pacific Native Hawaiian or Other Pacific
IslanderIslandero WhiteWhite
ODJFS - BCR July 2008ODJFS - BCR July 2008
Racial/Ethnic CategoriesRacial/Ethnic Categories
American Indian or Alaskan American Indian or Alaskan NativeNative
AsianAsian Black or African AmericanBlack or African American Native Hawaiian or Other Pacific Native Hawaiian or Other Pacific
IslanderIslander Hispanic or LatinoHispanic or Latino WhiteWhite
ODJFS - BCR July 2008ODJFS - BCR July 2008
Complaint ProceduresComplaint Procedures
Rights and ResponsibilitiesRights and Responsibilities Bureau of Civil RightsBureau of Civil Rights ODJFS Complaint Processing ODJFS Complaint Processing
SystemSystem
ODJFS - BCR July 2008ODJFS - BCR July 2008
Compliance Reviews & Compliance Reviews & Resolution of Non-ComplianceResolution of Non-Compliance USDA FNS Region review state USDA FNS Region review state
agenciesagencies State agencies review State agencies review
local/county agencieslocal/county agencies Local agencies review their sub-Local agencies review their sub-
recipientsrecipients State agency must report State agency must report
significant findings to the significant findings to the reviewed entity and FNSreviewed entity and FNS
ODJFS - BCR July 2008ODJFS - BCR July 2008
NoncomplianceNoncompliance
A factual finding that any civil A factual finding that any civil rights requirement, as provided rights requirement, as provided by law, regulation policy, by law, regulation policy, instruction, or guidelines is not instruction, or guidelines is not being adhered to by a State being adhered to by a State agency, local agency or other agency, local agency or other sub-recipient are reported. sub-recipient are reported.
ODJFS - BCR July 2008ODJFS - BCR July 2008
QUIZQUIZ
ODJFS - BCR July 2008ODJFS - BCR July 2008
QuestionsQuestions