Case Study Kids Cook is cooking in a 3rd grade classroom today, there are three parent

volunteers. One volunteer speaks only Spanish. The Nutrition Educator does not speak Spanish. The only person who can translate is the child. The educator has plenty of English speaking volunteers and does not assign the Spanish Speaking Parent with any Kids Cook! volunteer tasks and tells the child to have the parent sit and watch. The parent volunteer is upset and leaves.

1. What is/are the issue(s)?

2. How would you handle this?

3. How could you have prevented this from happening?

Civil Rights In the Workplace:

Making Nondiscrimination a Reality

Kids Cook Program

Civil Rights In the Workplace: Outline

Civil Rights Compliance Purpose

Objectives

Laws and Regulations

Nondiscrimination Policy USDA/Food and Nutrition Service (FNS)

Kids Cook Program

Confidentiality

Components Mandated by FNS Administration

Annual Training Requirement

Notification Requirements USDA Nondiscrimination Poster

Public Information/ Outreach

Compliance Monitoring Activity Clinic Reviews

Outline continued

Data Collection Racial and Ethnic Data

Civil Rights Complaint Procedure Client Rights

Filing a Complaint Complaint Handling Complaint Forms Written Complaints not on forms Verbal Complaints Preliminary Inquiry Fair Hearing Procedures

Outline continued

Case StudiesEvaluation

Outline continued

Civil Rights Compliance

Purpose

The purpose of this training is to provide information guarding against discrimination and to provide guidance in the fair

administration of SNAP-Ed Funding

Civil Rights Compliance

Provide information to identify and prevent discrimination

Outline complaint handling processProvide an understanding of public notification

requirements including voter registration.Give staff an opportunity to discuss case studiesExplain the importance of data collection on

ethnicity and raceAddress confidentiality of client information

Objectives

Civil Rights Laws and Regulations

Title VI of the Civil Rights Act of 1964

Title IX of the Education Amendments of 1972

Section 504 of the Rehabilitation Act of 1973

Age Discrimination Act of 1967 & 1975

Americans with Disabilities Act of 1990

Civil Rights Restoration Act of 1987

Laws and Regulations continued

Nondiscrimination Policy

USDA Food Nutrition Service Policy The USDA, FNS and the Kids Cook! are committed to

assuring that program delivery is made available to all eligible persons without discrimination based on:

race color national origin age sex disability

The Kids Cook! Program complies with Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act, and all regulations issued thereunder. No individual will be:

Denied service, or other benefits provided under the program

Provided any service, or benefits in a different manner from that provided to others under the program

Subjected to segregation or separate treatment in any matter related to receipt of services under the program

Restricted in the enjoyment of any advantage or privileges enjoyed by others receiving services under the program

Treated differently from others in the determination of enrollment, admission, or eligibility for any services or other benefits under the program

Confidentiality

Kids Cook! does not handle individual participant information. All staffing information is confidential

is protected by federal regulations.

USDA/FNS Requirements

FNS mandates that Civil Rights training be conducted annually

USDA Nondiscrimination Poster Classrooms when Kids cook! is in sessionKids Cook! office

Notification Requirements

Outreach

Information sheets/Outreach materialsbrochurespublicationspostersAll material must contain the statement: “In accordance with Federal law and U.S. Department

of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color national origin, sex, age or disability”

Notification requirementscontinued

PSA’s

NewspaperTelevisionRadio Public Service Announcements

MUST contain the abbreviated nondiscrimination statement:

“Kids Cook!” is an Equal Opportunity Provider”

Notification Requirementscontinued

Job Ads and Postings

Job Ads and Postings must also include the nondiscrimination policy statement:

“The Kids Cook! is an Equal Opportunity Employer”

Notification Requirementscontinued

Compliance and Monitoring Activity

Kids cook!is reviewed annually by HSDFNS ME Reviews occurs every three years.

Clinic Reviews

Services are available to all persons regardless of race, color, age, sex, disability or national origin.

Racial and ethnic data collection on applicants and participants whether certified or denied.

The “And Justice for All” poster is displayed in clear view of the public.

Program information is provided to applicants, participants, grassroots and other community organizations and agencies utilizing targeted outreach efforts.

Outreach materials must include an acceptable nondiscrimination statement. This nondiscrimination statement is included on all printed materials such as pamphlets, forms, or any other material distributed to the public discussing program benefits

Clinic Reviews continued

Newspaper, Radio and TV PSA’s must include the nondiscrimination statement

The local agency is aware of the procedure for filing and handling a Civil Rights complaint

Building is accessible for disabled clients and disabled parents/guardians of clients or acceptable alternative arrangements are made

The posting of clinic hours

Clinic Reviews continued

The incidence of discrimination complaints received during the past 12 months

Staff must be aware of procedures for obtaining translation services for applicants or participants

Clients are informed of their Rights and Responsibilities

Clinic Reviews continued

Data Collection and Reporting

Racial and Ethnic Data

USDA mandates the Kids Cook! Program to collect and report racial and ethnic participation data annually and is collected through the EARS reporting

Civil Rights Complaint Procedure

All clients have the right to file a complaint alleging discrimination based on race, color, national origin, sex, age or disability within 180 days of the alleged discriminatory action

Complaints may be submitted in writing or may be taken over the phone

Client Rights

Matters of alleged discrimination are very serious and may subject the State Agency to legal actions.

Therefore, it is CRITICAL that the Complaints Handling Process be followed closely to assure compliance

Client Rights continued

Filing a Complaint

Any complaint alleging discrimination on the basis of race, color, national origin, sex, age or disability must be immediately forwarded to the USDA Civil Right Complaint Coordinator and to the State Office

The “And Justice for All” includes an address for filing a complaint of discrimination

The client can report their complaint directly to USDA for investigation.

For clients wishing to file a discrimination complaint directly with USDA should be directed to the following address:

USDA, Director,

Office of Adjudication

1400 Independence Avenue SW

Washington, D.C. 20250-9410

Phone number is (866)632-9992 (voice) or

Federal Relay service at (800) 877-8339

Filing a complaint continued

Any complaint, written, by telephone or verbally in person, received in the school must be immediately forwarded to the Kids Cook! Office at the following address:

Kids Cook! Program

Director, Mary Meyer

7900 Lorraine Ct. Ne Suite E

Albuquerque, NM 87113

(505) 821-5552 fax 505-821-5977

Filing a complaint continued

Complaint Handling

The person filing the complaint can remain anonymous if desired

The Kids Cook! staff person should encourage the person to allow the use of their name, when possible

A client’s complaint is NOT required to be written out. If it is a verbal complaint. Kids Cook! staff will complete the form with the information provided by the person submitting the complaint.

Complaint Handling continued

Complaint Form

The complaint form should include:Name, complete address and telephone

number of the complainant or other means of contacting the complainant

The specific location and name of the entity delivering the service or benefit

Date the complaint is made including the date(s) during which the alleged discriminatory actions occurred, or if continuing, the duration of such actions

Complete details of the nature of the incident or action that led the complainant to feel discrimination was a factor or an example of the method of administration which is alleged to have a discriminatory effect on the public or potential and actual participants

The basis on which the complainant feels discrimination exists (race, color, national origin, age, sex or disability)

The names, titles and business addresses of persons who may have knowledge of the discriminatory action

Complaint Form continued

A copy of the Civil Rights complaint must be kept in the Complaint File at the Kids cook! office.

Complaint Form continued

Preliminary Inquiry

The purpose of the inquiry is to collect and document information, analyze and to ensure that all laws and regulations have been properly implemented

All written and verbal complaints will be processed and handled within 90 days upon receipt

Fair Hearing Procedures

Opportunity for a fair hearing shall be granted when a request for a hearing is made within 60 calendar days after adverse action is taken by the Kids cook! Program. The fair hearing process is not the forum for investigating or resolving civil rights complaints

A request for a hearing may be made either orally or in writing to the state HSD office