Civil Rights Civil Rights TrainingTraining

The North Carolina Department of Agriculture The North Carolina Department of Agriculture and and

Consumer ServicesConsumer ServicesFood Distribution DivisionFood Distribution Division

FNS Instruction FNS Instruction 113-1113-1

Civil Rights Compliance and Civil Rights Compliance and EnforcementEnforcement

Nutrition Programs and ActivitiesNutrition Programs and ActivitiesIssued: November 8, 2005Issued: November 8, 2005

SERO-Civil Rights OfficeSERO-Civil Rights Office

Prior policy was conveyed through a Prior policy was conveyed through a series ofseries of

8 FNS Instructions which designated 8 FNS Instructions which designated the:the:

113-1, 113-1, Civil Rights Compliance and Civil Rights Compliance and EnforcementEnforcement (issued May 1982), as (issued May 1982), as the overarching instruction; and the overarching instruction; and

sequentially numbered instructions sequentially numbered instructions were program-specific.were program-specific.

How does FNS 113-1 effect How does FNS 113-1 effect you?you?

clearly establishes complaint clearly establishes complaint handling protocol and procedures; handling protocol and procedures; andand

is a single reference for civil rights is a single reference for civil rights compliance and enforcement;compliance and enforcement;

affords equal opportunity for affords equal opportunity for religious organizations.religious organizations.

Sections within FNS 113-Sections within FNS 113-11

PurposePurpose AuthorityAuthority PolicyPolicy ApplicabilityApplicability Public NotificationPublic Notification AssurancesAssurances Civil Rights TrainingCivil Rights Training Compliance ReviewsCompliance Reviews Resolution of NoncomplianceResolution of Noncompliance Complaints of DiscriminationComplaints of Discrimination Limited English Proficiency (LEP)Limited English Proficiency (LEP) Equal Opportunity for Religious Equal Opportunity for Religious

OrganizationsOrganizations

PURPOSE of FNS 113-1PURPOSE of FNS 113-1 Establishes and conveys policyEstablishes and conveys policy

Provides guidance and direction to USDA, Provides guidance and direction to USDA, FNS and its recipients and customersFNS and its recipients and customers

Ensures compliance with and Ensures compliance with and enforcement of the prohibition against enforcement of the prohibition against discrimination in all FNS programs and discrimination in all FNS programs and activities, whether federally funded in activities, whether federally funded in whole or not.whole or not.

II. AUTHORITYII. AUTHORITY

Title VI of the Civil Rights of 1964 – Title VI of the Civil Rights of 1964 – race, color, and national originrace, color, and national origin

American with Disabilities Act – American with Disabilities Act – disabilitydisability

Title IX of the Education Amendments Title IX of the Education Amendments of 1972 – sexof 1972 – sex

Section 504 of the Rehabilitation Act Section 504 of the Rehabilitation Act of 1973 – disabilityof 1973 – disability

Age Discrimination Act of 1975 – ageAge Discrimination Act of 1975 – age

II. AUTHORITY II. AUTHORITY (continued)(continued)

The Personal Responsibility and Work The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, and Opportunity Reconciliation Act of 1996, and DOJ Memorandum dated 1/28/99, entitled, DOJ Memorandum dated 1/28/99, entitled, “Policy Guidance Document – Enforcement of “Policy Guidance Document – Enforcement of Title VI of the Civil Rights Act of 1964 and Title VI of the Civil Rights Act of 1964 and Related Statutes in Block Grant Type Related Statutes in Block Grant Type Programs.”Programs.”

Civil Rights Restoration Act of 1987 – clarifies Civil Rights Restoration Act of 1987 – clarifies the scope of the Civil Rights Act of 1964.the scope of the Civil Rights Act of 1964.

Food Stamp Act of 1977 – added religious Food Stamp Act of 1977 – added religious creed and political beliefs as protected creed and political beliefs as protected classes in the Food Stamp Program.classes in the Food Stamp Program.

POLICYPOLICYProtected Bases for FNS Protected Bases for FNS

ProgramsPrograms RaceRace ColorColor National OriginNational Origin AgeAge SexSex DisabilityDisability Religion (FSP) (FDPIR)Religion (FSP) (FDPIR) Political Beliefs (FSP) (FDPIR)Political Beliefs (FSP) (FDPIR)

IV. APPLICABILITYIV. APPLICABILITY

This Instruction is applicable to all This Instruction is applicable to all programs and activities of a programs and activities of a recipient of Federal financial recipient of Federal financial assistance, whether those programs assistance, whether those programs and activities are federally funded in and activities are federally funded in whole or not.whole or not.

PUBLIC NOTIFICATIONPUBLIC NOTIFICATION

All FNS assistance programs must include All FNS assistance programs must include a public notification system. a public notification system.

The purpose of this system is to inform The purpose of this system is to inform applicants, participants, and potentially applicants, participants, and potentially eligible persons of:eligible persons of: program availability, program availability, program rights and responsibilities, program rights and responsibilities, the policy of nondiscrimination and the policy of nondiscrimination and the procedure for filing a complaint. the procedure for filing a complaint.

3 Elements of Public 3 Elements of Public NotificationNotification

1. Program Availability1. Program Availability

2. Complaint Information2. Complaint Information

3. Nondiscrimination Statement3. Nondiscrimination Statement

3 Elements of Public 3 Elements of Public NotificationNotification

1. Program Availability1. Program Availability

Inform applicants, participants, and potentially Inform applicants, participants, and potentially eligible persons of their program rights and eligible persons of their program rights and responsibilities and the steps necessary for responsibilities and the steps necessary for participation.participation.

2. Complaint Information2. Complaint Information

Advise applicants and participants at the service Advise applicants and participants at the service delivery point of their right to file a complaint, how delivery point of their right to file a complaint, how to file a complaint, and the complaint procedures. to file a complaint, and the complaint procedures.

Public Notification Public Notification (continued)(continued)

3. Nondiscrimination Statement3. Nondiscrimination Statement

All information materials and sources, including All information materials and sources, including Web sites, used by FNS, State agencies, local Web sites, used by FNS, State agencies, local agencies, or other subrecipients to inform the agencies, or other subrecipients to inform the public about FNS programs must contain a public about FNS programs must contain a nondiscrimination statement. The statement is nondiscrimination statement. The statement is not required to be included on every page of the not required to be included on every page of the program Web siteprogram Web site.. At a minimum the At a minimum the nondiscrimination statement or a link to it must nondiscrimination statement or a link to it must be included on the home page of the program be included on the home page of the program information. information.

Nondiscrimination Nondiscrimination StatementStatement

““The U.S. Department of Agriculture (USDA) prohibits The U.S. Department of Agriculture (USDA) prohibits discrimination against its customers, employees, and applicants discrimination against its customers, employees, and applicants for employment on the bases of race, color, national origin, age, for employment on the bases of race, color, national origin, age, disability, sex, gender identity, religion, reprisal, and where disability, sex, gender identity, religion, reprisal, and where applicable, political beliefs, marital status, familial or parental applicable, political beliefs, marital status, familial or parental status, sexual orientation, or if all or part of an individual's income status, sexual orientation, or if all or part of an individual's income is derived from any public assistance program, or protected is derived from any public assistance program, or protected genetic information in employment or in any program or activity genetic information in employment or in any program or activity conducted or funded by the Department. (Not all prohibited bases conducted or funded by the Department. (Not all prohibited bases will apply to all programs and/or employment activities.)will apply to all programs and/or employment activities.)

  

If you wish to file a Civil Rights program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, found online at http://www.ascr.usda.gov/complaint_filing_cust.html, or at any USDA office, or call (866) 632-9992 to request the form. You may also write a letter containing all of the information requested in the form. Send your completed complaint form or letter to us by mail at U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410, by fax (202) 690-7442 or email at program.intake@usda.gov. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339; or (800) 845-6136 (in Spanish). USDA is an equal opportunity provider and employer.” 

Methods of Public Methods of Public NotificationNotification

Prominently display the “And Justice for All” Prominently display the “And Justice for All” poster. poster.

Inform potentially eligible persons, applicants, Inform potentially eligible persons, 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 persons with disabilities.formats for persons with disabilities.

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

ASSURANCESASSURANCES

To qualify for Federal financial To qualify for Federal financial assistance, an application must be assistance, an application must be accompanied by a written assurance accompanied by a written assurance that the entity to receive financial that the entity to receive financial assistance will be operated in assistance will be operated in compliance with all compliance with all nondiscrimination laws, regulations, nondiscrimination laws, regulations, instructions, policies, and instructions, policies, and guidelines;guidelines;

CIVIL RIGHTS TRAININGCIVIL RIGHTS TRAINING

State agencies are responsible for State agencies are responsible for training local agencies on an training local agencies on an annual annual basisbasis. .

Local agencies are responsible for Local agencies are responsible for training their subrecipients, training their subrecipients, including “frontline staff” who including “frontline staff” who interact with applicants or interact with applicants or participants on an participants on an annual basisannual basis..

COMPLIANCE REVIEWSCOMPLIANCE REVIEWS

Examines activities to determine Examines activities to determine adherenceadherence

with civil rights requirements for:with civil rights requirements for:

State agencies,State agencies, local agencies, andlocal agencies, and other subrecipients.other subrecipients.

Compliance ReviewsCompliance Reviews(continued)(continued)

State agencies review local State agencies review local agencies. agencies.

Local agencies review their Local agencies review their subrecipients.subrecipients.

State agency must report significant State agency must report significant findings of noncompliance to the findings of noncompliance to the reviewed entity and FNS. reviewed entity and FNS.

X. RESOLUTION OF X. RESOLUTION OF NONCOMPLIANCENONCOMPLIANCE

Definition of “Noncompliance”Definition of “Noncompliance” A factual finding that any civil rights A factual finding that any civil rights

requirement, as provided by law, requirement, as provided by law, regulation, policy, instruction, or regulation, policy, instruction, or guidelines, is not being adhered to guidelines, is not being adhered to by a State agency, local agency, or by a State agency, local agency, or other subrecipient.other subrecipient.

What are some examples of What are some examples of

noncompliance?noncompliance?

Denying an individual or household Denying an individual or household the opportunity to apply for program the opportunity to apply for program benefits or services on the basis of a benefits or services on the basis of a protected class.protected class.

Providing FNS program services or Providing FNS program services or benefits in a disparate matter on the benefits in a disparate matter on the basis of a protected class (except as basis of a protected class (except as a disability accommodation).a disability accommodation).

COMPLAINTS OF COMPLAINTS OF DISCRIMINATIONDISCRIMINATION

Recognizing a Civil Rights ComplaintRecognizing a Civil Rights Complaintallegation based on:allegation based on:

RaceRace ColorColor National OriginNational Origin AgeAge Sex Sex DisabilityDisability

COMPLAINTS OF COMPLAINTS OF DISCRIMINATION DISCRIMINATION

(continued)(continued)

Timeframes for processing must be Timeframes for processing must be adhered to;adhered to;

Right to File: complaint must be filed in Right to File: complaint must be filed in 180 days; 180 days;

complaints may be written or verbal as complaints may be written or verbal as well as anonymous;well as anonymous;

the use of a form is not required though the use of a form is not required though provided as a prototype in the Instructionprovided as a prototype in the Instruction

Processed: complaint must be processed Processed: complaint must be processed within 90 dayswithin 90 days

LIMITED ENGLISH LIMITED ENGLISH PROFICIENCY (LEP)PROFICIENCY (LEP)

Definition:Definition:

Individuals who do not speak English as their Individuals who do not speak English as their primary language and who have a limited ability primary language and who have a limited ability to read, speak, write, or understand English.to read, speak, write, or understand English.

Recipients of Federal financial assistance have a Recipients of Federal financial assistance have a responsibility to take reasonable steps to ensure responsibility to take reasonable steps to ensure meaningful access to their programs and meaningful access to their programs and activities by persons with limited English activities by persons with limited English proficiency.proficiency.

www.LEP.govwww.LEP.gov

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.

EQUAL OPPORTUNITY FOR EQUAL OPPORTUNITY FOR RELIGIOUS ORGANIZATIONS RELIGIOUS ORGANIZATIONS

(continued)(continued)

This is accomplished by:This is accomplished by:

prohibiting discrimination on the basis of prohibiting discrimination on the basis of religion, religious belief, or religious character religion, religious belief, or religious character in the administration of Federal funds;in the administration of Federal funds;

allowing a religious organization that allowing a religious organization that participates in USDA programs to retain its participates in USDA programs to retain its independence and continue to carryout its independence and continue to carryout its mission, provided that direct USDA funds do mission, provided that direct USDA funds do not support any inherently religious activities not support any inherently religious activities such as worship, or religious instruction.such as worship, or religious instruction.

EQUAL OPPORTUNITY FOR EQUAL OPPORTUNITY FOR RELIGIOUS ORGANIZATIONS RELIGIOUS ORGANIZATIONS

(continued)(continued)

clarifying that faith-based organizations can use clarifying that faith-based organizations can use space in their facilities to provide USDA-funded space in their facilities to provide USDA-funded service without removing religious art, icons, service without removing religious art, icons, scriptures, or other religious symbols; andscriptures, or other religious symbols; and

ensuring that no organization that receives direct ensuring that no organization that receives direct financial assistance from the USDA can financial assistance from the USDA can discriminate against a program beneficiary, on the discriminate against a program beneficiary, on the basis of religion or religious belief.basis of religion or religious belief.

For further information: www.fbci.govFor further information: www.fbci.gov

Click link on the training video Click link on the training video page page

to Download Record of Completionto Download Record of Completion

which must be signed by frontline which must be signed by frontline staff and volunteers.staff and volunteers.

This document must remain on file This document must remain on file within the agency for a period of within the agency for a period of

five years. five years.

Thank you for all of your efforts Thank you for all of your efforts in fighting hunger in North in fighting hunger in North

Carolina!!Carolina!!