CIVIL RIGHTS

MONTANA SFMNPCIVIL RIGHTS TRAINING12015

1This training provides guidance on the basic nondiscrimination requirements for the Senior Farmers Market Nutrition Program, a program of the United States Department of Agriculture (USDA). Under USDA regulations, the State is required to provide annual civil rights training.

AssurancesTo qualify for Federal financial assistance, an application must include a written assurance in all agreements between State and local agencies that the program will be operated in a non-discriminatory manner.

USDA is responsible for monitoring State agencies and state agencies are responsible for reviewing, approving, and monitoring subrecipients local agency agreements.2Public NotificationAll materials must contain the non-discrimination statement that no person will be denied program benefits on the grounds of race, color, national origin, age, sex, or disability.Convey the message of equal opportunity in all photos and other graphics that are used to provide program or program related information.33Read text of slide.

PURPOSE:All local agencies must comply with USDA regulations on nondiscrimination and the following requirements:4

4The purpose of the training is to review regulations and policies to ensure nondiscrimination and equal opportunity in service delivery in accordance with State and Federal laws. In addition, each employee should understand what the civil rights policies mean in providing SFMNP services to participants and how to effectively accomplish their job- related tasks within the framework of nondiscrimination. Read the text of the slide next.No person can be denied Benefits based on:RaceColorNational OriginAgeSexDisability

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Racial Ethnic GroupsEthnicity:Hispanic or LatinoNot Hispanic or LatinoRace:WhiteAmerican Indian or Alaskan NativeBlack or African AmericanAsianNative Hawaiian or other Pacific Islander66RACE, COLOR, NATIONAL ORIGINTitle VI and VII of the Civil Rights Act, 1964

77The Civil Rights Act of 1964 was a product of the growing demands of the early sixties, launched by the Federal government as a response against racial discrimination.

Title VI and VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin in Federally Assisted Programs.

No person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal Financial Assistance.

Racial and Ethnic data is collected by each local agency during the application processThe State must request this data in case it is needed by the Federal Government.8

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Identification:Race refers to a biological subspecies consisting of a more or less distinct population with anatomical traits that distinguish it clearly from other racesEthnicity refers to selected cultural or heritage characteristics used to classify people into groups or categories considered to be significantly different from others.

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Race versus EthnicityEthnic groups are not races, since ethnicity can be more precisely defined than race.Membership in an ethnic group does not relate a person necessarily to a particular territory in the way that nationality does.Ethnicity can cut across racial categories.Hispanics may be any combination of Native American, European, African and Asian races.

1010Identification:

Self-identification is the preferred means of obtaining information about an individuals race and ethnicity Staff will determine race and ethnicity based on visual observation if the applicant fails to respond.1111Read text of slide.

Identification:You must CLEARLY explain that the information is only for statistical use by USDA and WILL NOT be used for any other purposeIt has NO effect on eligibility

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RecordsRecords with racial/ethnic data include such things as participant applicationsRecords must be kept for 3 years after close-out of the federal fiscal year in which the client was terminatedSafeguards must be maintained that prevent the use of this information for discriminatory purposes13

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Non-Discrimination StatementFull StatementThe U.S. Department of Agriculture prohibits discrimination against its customers, employees, and applicants for employment on the bases of race, color, national origin, age, disability, sex, gender identity, religion, reprisal, and where applicable, political beliefs, marital status, familial or parental status, sexual orientation, or all or part of an individual's income is derived from any public assistance program, or protected genetic information in employment or in any program or activity conducted or funded by the Department. (Not all prohibited bases will apply to all programs and/or employment activities.(Continued)1414Read text of slide. Non-Discrimination Statement (Continued)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 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 (Spanish). USDA is an equal opportunity provider and employer.

15Non-Discrimination Statement

Found on the SFMNP application form and participant handoutMUST be read to or read by each participant or authorized representativeMUST be signed by participant or authorized representative / proxy1616Read text of slide. Examples of Discrimination:Exclusion of eligible persons based on race, color, national origin, age, sex, or disabilityInequitable service or allocation of coupons/food based on the aboveIssuance of coupons in a place, time, or manner that results in denying or limiting benefits to a specific group1717Read text of slide.

Examples of Discrimination Continued:Segregation of persons in waiting rooms or by the way they are scheduledFailure to apply the same eligibility criteria to all potentially eligible personsCertification of potentially eligible persons based solely on race, color, national origin, age, sex, or disabilityMaintaining waiting lists based on the above criteria1818Read text of slide.

Right to File a ComplaintAny person alleging discrimination on the basis of race, etc. can file a complaint within 180 days of the alleged discriminatory action

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ALL CIVIL RIGHTS COMPLAINTS WILL BE ACCEPTED:Written

Oral

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What to doNotify the SFMNP Coordinator immediatelyProvide forms for written complaints ORTake detailed notes of oral complaintsComplaints must be reported immediatelySend reports to: USDA, 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 (Spanish). and to the SFMNP Coordinator.

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21Read text of slide first.Verbal or Oral Complaints - In the event a complainant makes the allegations verbally or through a telephone conversation and refuses or is not inclined to place such allegations in writing, the person to whom the allegations are made will write up the elements of the complaint for the complainant. Verbal complaints will be accepted and forwarded immediately upon receipt.

Written Complaints - Written complaints will be accepted and forwarded immediately upon receipt.

All civil rights complaints received by the local agency staff must be reported to the appropriate state SFMNP office staff by telephone immediately with written follow-up to the state SFMNP office within 5 days. The state SFMNP office will follow up with USDA within 5 days following receipt of the written local agency report to ensure their receipt of the complaint.Complaint RequirementsName, address, and telephone number or other means of contacting the person alleging discrimination, (Complainant).Location and name of the organization or office accused of discrimination practices, (Respondent).Nature of the incident, action of the program leading the person to allege discrimination.Reason for the alleged discrimination, including which protected class was allegedly violated (i.e. age, race, color, national origin, sex, disability. )2222More Complaint RequirementsNames, titles, and addresses of persons who may have knowledge of the alleged discriminatory act.Dates on which the alleged discriminatory act occurred.Any receipt of a civil rights complaint will be acknowledged, within 5 days of receipt, with an explanation to the complainant of the action planned.Civil Rights complaints will be forwarded immediately to the address on the Civil Rights And Justice for All poster.2323CompliancePrograms and farmers will be reviewed for complianceCompliance reviews will be bi-annual in each areaReviews will be conducted by State Agency staff2424Non-ComplianceComplaints handled according to DPHHS proceduresSanctions against the program or farmer, including contract cancellation, are possiblePrograms and farmers have the right to appeal any sanctions imposed, including disqualification, but not the expiration of the contract

2525Language assistanceThe State and local agency have the responsibility to provide and pay for an interpreter upon request to a hearing impaired applicant.The State and local agency must assist all limited English proficient applicants in signing up for the program.Assistance is also required for all sight impaired applicants.2626Reasonable Accommodation for persons with disabilitiesAgencies should ensure access for people with disabilities (e.g. parking lots, entrances and exits, halls, elevators, restrooms, and service animals) or alternative arrangements for service. You do not have to alter your building, but if it is not accessible for a person to come in, then someone may take the paperwork to the client. Help with completing paperwork (reading the materials, marking signature lines)The States TTY number is (800) 833-8503

2727Conflict ResolutionRemain calm and explain the situation Get help, especially if threats are made or if violence is possible Use alternative dispute resolution (ADR) techniques. More information can be found at: http://www.fns.usda.gov/cr/adr.htm. 2828Customer serviceGuidelines to assist you in providing superior service to your clients: Be patient Be polite Avoid sarcasm Be empathetic Make people feel welcome and valued smile when appropriate Explain policies and let individuals know that there are consequences if policies are not adhered to Dont be afraid to apologize Dont feel you need to have the last word 2929