USDA Civil USDA Civil Rights Rights

RequirementRequirementss

Chapter Chapter 1111

IntroductionIntroduction

• Civil Rights Regulations are Civil Rights Regulations are intended to assure that benefits of intended to assure that benefits of CACFP are made available to all CACFP are made available to all eligible persons in a non-eligible persons in a non-discriminatory mannerdiscriminatory manner

• All sponsors receiving Federal $$ All sponsors receiving Federal $$ must implement CR requirements to must implement CR requirements to be eligible for Programbe eligible for Program

Discrimination is:Discrimination is:

… …when an individual or when an individual or group group of individuals are: of individuals are:

DDenied enied benefits or services that benefits or services that others receiveothers receive

DDelayed elayed receiving benefits or benefits or services that others receive, orservices that others receive, or

TreatedTreated DDifferentlyifferently than others to than others to their disadvantagetheir disadvantage

The 3 The 3

““D”sD”s

Protected ClassesProtected Classes

•Race Race •Color Color •National National originorigin • AgeAge

• Sex Sex • DisabilityDisability• Religion Religion (Oregon)(Oregon)

Racial and Ethnic Racial and Ethnic DataData

Collect at initial Collect at initial Application and annually Application and annually

thereafter:thereafter:

Ethnic and Racial Data Ethnic and Racial Data from Your Service from Your Service

AreaArea ((PotentialPotential Applicants) Applicants)ODE provides census data by ODE provides census data by county to you to meet this county to you to meet this requirement. Report as a requirement. Report as a PERCENTAGE.PERCENTAGE.

Racial and Ethnic Racial and Ethnic DataData

Collect annually Collect annually andand at initial at initial Application:Application:

Ethnic and Racial Data Ethnic and Racial Data about the about the ActualActual

ParticipantsParticipantsSponsor collects data from Sponsor collects data from CIS forms, or staff may CIS forms, or staff may make a visual identification make a visual identification of participants’ category. of participants’ category. Report ACTUAL numberReport ACTUAL number

Civil Rights Complaint Civil Rights Complaint ProcedureProcedure -- Exhibit 23.10 Exhibit 23.10

in “Big Red”in “Big Red”Civil R ights Com plaint P rocedure

I f C o m p la in a n t R e tu rn s C R C o m p la in t F o rm T o S p o n sor

.S p o n so r F o rw a rds C R C o m p la in t Fo rm T o O D E w ith in w o rk in g 3 D a ys

S p o n so r g ive s C o m pla in a n t C R C o m p la in tF o rm a n d/o r S p o nso r C o m p le te s C R

C o m p la in t Fo rm w ith C o m p la in a n t

C R C o m pla in t D ocu m e n tedin C R C o m p la in t L og

C R C o m p la in t R e ce ive d b y S p o n sor(V e rb a l o r W ritte n)

Civil Rights Civil Rights Complaint LogComplaint Log

All discrimination All discrimination complaints must be complaints must be

documented in the Civil documented in the Civil Rights complaint logRights complaint log

Log must be dated with Year and Log must be dated with Year and kept for 3 years + current FY, kept for 3 years + current FY, even if no complaints have been even if no complaints have been receivedreceived

Exhibit 23.9 in “Big Red”Exhibit 23.9 in “Big Red”

Civil Rights (CR) Civil Rights (CR) Complaint FormComplaint Form – –

Exhibit 23.7Exhibit 23.7• CR Complaint Form must be readily CR Complaint Form must be readily available at all sitesavailable at all sites

• Sponsor must make every attempt to Sponsor must make every attempt to help complainant complete CR help complainant complete CR Complaint Form Complaint Form

• If complainant returns CR Complaint If complainant returns CR Complaint Form to sponsor, it must be forwarded Form to sponsor, it must be forwarded to ODE with 3 working days of receipt to ODE with 3 working days of receipt by sponsorby sponsor

““And Justice For All”And Justice For All”

Poster must be Poster must be placed in a placed in a

prominent area prominent area where where

participants and participants and potential potential

participants have participants have ready accessready access

Nondiscrimination Nondiscrimination Statement – Long Statement – Long

versionversion• The U.S. Department of Agriculture (USDA) The U.S. Department of Agriculture (USDA)

and the State of Oregon prohibit and the State of Oregon prohibit discrimination in all USDA programs and discrimination in all USDA programs and activities on the basis of race, color, national activities on the basis of race, color, national origin, sex, religion, age, or disability.origin, sex, religion, age, or disability.

• To file a complaint of discrimination, write To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, 14326-W, Whitten Building, 14thth and and Independence Avenue, SW, Washington, DC Independence Avenue, SW, Washington, DC 20250-9410 or call (202)720-5964 (voice and 20250-9410 or call (202)720-5964 (voice and TDD). USDA and the State of Oregon are TDD). USDA and the State of Oregon are equal opportunity providers and employersequal opportunity providers and employers..

When a Non-discrimination When a Non-discrimination Statement is Needed?Statement is Needed?

Informational Materials that require the Informational Materials that require the Non-discrimination Statement include:Non-discrimination Statement include:

•Employee Employee HandbooksHandbooks

•Enrollment Enrollment FormsForms

•MenusMenus

•NewslettersNewsletters

•BrochuresBrochures

•Parent HandbooksParent Handbooks

•Print or broadcast Print or broadcast advertisementsadvertisements

•FlyersFlyers

•WebsitesWebsites

Nondiscrimination Nondiscrimination Statement - Short Statement - Short

versionversion• Sponsors can use the short version Sponsors can use the short version

on documents mentioning USDA or on documents mentioning USDA or the CACFP if document is one page the CACFP if document is one page (front and back) or less in length.(front and back) or less in length.

““USDA and the State of USDA and the State of Oregon are Oregon are

equal opportunity providers equal opportunity providers and employers”and employers”

Sample Civil Rights Sample Civil Rights BinderBinder

Sample CR Binder could look something Sample CR Binder could look something like this:like this:

• JFA poster on Front coverJFA poster on Front cover• Separate sections for 1) Sponsor’s CR Separate sections for 1) Sponsor’s CR

complaint procedure, 2) CR complaint complaint procedure, 2) CR complaint Log, 3) copies of CR complaint forms Log, 3) copies of CR complaint forms (min. of English and Spanish available)(min. of English and Spanish available)

• Bonus: Copy of the 7 page Bonus: Copy of the 7 page chapter 11 from “Big Red” chapter 11 from “Big Red” for referencefor reference

Common Review Common Review FindingsFindings

Civil Rights Complaint forms not Civil Rights Complaint forms not accessible to all staff at each siteaccessible to all staff at each site

Only front page of complaint Only front page of complaint form is availableform is available

Staff do not recognize a civil Staff do not recognize a civil rights complaint when asked rights complaint when asked and /or are not able to verbalize and /or are not able to verbalize the civil rights complaint the civil rights complaint procedure to reviewerprocedure to reviewer

Common Review Common Review FindingsFindings

And Justice for AllAnd Justice for All poster is not poster is not visible where parents and the visible where parents and the general public can see and read itgeneral public can see and read it

Non-discrimination statement Non-discrimination statement missing from public documents missing from public documents that that mention or imply USDA mention or imply USDA and and CACFP **(most common CACFP **(most common finding)finding)

Civil Rights Civil Rights ResourcesResources

• ODE’s Civil Rights website:ODE’s Civil Rights website:

www.ode.state.or.us/services/nutrition/civil_rightswww.ode.state.or.us/services/nutrition/civil_rights

• ““Big Red”Big Red” – Chapter 11 “Civil Rights” – Chapter 11 “Civil Rights”• Exhibit 23.8Exhibit 23.8 – CR Complaint Form (English) – CR Complaint Form (English)• Exhibit 23.9Exhibit 23.9 – CR Complaint Log – CR Complaint Log• Exhibit 23.10Exhibit 23.10 – CR Complaint Procedure – CR Complaint Procedure

(ODE (ODE prototype)prototype)• Exhibit 23.11Exhibit 23.11 – CR Training for Staff Form – CR Training for Staff Form• Civil Rights Compliance Assessment Form (in Civil Rights Compliance Assessment Form (in

packet)packet)

Civil Rights ResourcesCivil Rights Resources

Winston CornwallWinston CornwallODE Civil Rights SpecialistODE Civil Rights Specialist

Phone: (503)-947-5675Phone: (503)-947-5675

Email: Email: winston.cornwall@state.or.uswinston.cornwall@state.or.us

Summary: Civil RightsSummary: Civil Rights“Whatcha Gotta Do?”“Whatcha Gotta Do?”

Offer CACFP in a Non-Discriminatory Offer CACFP in a Non-Discriminatory MannerManner

Train staff annually on Civil RightsTrain staff annually on Civil Rights Develop & fully implement sponsor’s CR Develop & fully implement sponsor’s CR

Complaint ProcedureComplaint Procedure Make available to all staff CR complaint Make available to all staff CR complaint

forms, CR Log and CR complaint procedureforms, CR Log and CR complaint procedure Non-discrimination statement must be on all Non-discrimination statement must be on all

printed materials available to the public printed materials available to the public which mention USDA and/or CACFP meals which mention USDA and/or CACFP meals and snacksand snacks

Summary: Civil RightsSummary: Civil Rights“Whatcha Gotta Do?”“Whatcha Gotta Do?”

Prominently display the Prominently display the And Justice And Justice for Allfor All poster poster

Collect and report “actual” Collect and report “actual” racial/ethnic data during renewal racial/ethnic data during renewal process annuallyprocess annually

Report racial / ethnic data for Report racial / ethnic data for service service areaarea during renewal process annually during renewal process annually

Must offer meals to all infants in careMust offer meals to all infants in care

Questions ????Questions ????