CIVIL RIGHTSCIVIL RIGHTSUSDA Senior Farmers Market USDA Senior Farmers Market

Nutrition ProgramNutrition Program

Training TopicsTraining Topics

Overview Civil Rights LegislationOverview Civil Rights Legislation Program Sponsor Requirements / Program Sponsor Requirements /

ResponsibilitiesResponsibilities Effective Public NotificationEffective Public Notification Collection and Use of DataCollection and Use of Data Examples of DiscriminationExamples of Discrimination How to Handle Civil Rights ComplaintsHow to Handle Civil Rights Complaints

The Civil Rights Act of 1964The Civil Rights Act of 1964

Prohibits discrimination as outlined in the federalProhibits discrimination as outlined in the federalCivil Rights Legislation of 1964.Civil Rights Legislation of 1964.

Federal Protected ClassesFederal Protected ClassesRace, Color, National Origin, Sex (Gender), AgeRace, Color, National Origin, Sex (Gender), AgeDisability Disability

Iowa Civil Rights Commission

Protected Classes under Ch. 216 of the Iowa Code

Areas of Protection Protected Classes

Em

plo

ym

en

t

Ho

usin

g

Pu

blic

Acco

mm

od

atio

n

Ed

ucatio

n

Cre

dit

Age • • Color • • • • • Creed • • • • • Familial Status • • Gender Identity • • • • • Marital Status • Mental Disability • • • • National Origin • • • • • Physical Disability • • • • • Race • • • • • Religion • • • • • Retaliation • • • • • Sex • • • • • Sexual Orientation • • • • •

Discrimination DefinedDiscrimination Defined

Discrimination is different treatment thatDiscrimination is different treatment that

adversely affects a person or a group ofadversely affects a person or a group of

persons either intentionally, by neglect, bypersons either intentionally, by neglect, by

the action, or lack of action based upon athe action, or lack of action based upon a

protected characteristic. protected characteristic.

Title VITitle VI

Title VI of the Civil Rights Act of 1964 Title VI of the Civil Rights Act of 1964 prohibits discrimination in Federally prohibits discrimination in Federally Assisted Programs. Assisted Programs.

Title VIITitle VII

EmploymentEmployment Can not discriminate in employment Can not discriminate in employment

decisions such as hiring, firing, discipline, decisions such as hiring, firing, discipline, benefits, etc. benefits, etc.

CreditCredit Can not discriminate in financial transactions, Can not discriminate in financial transactions,

such as extending credits or loans, etc. such as extending credits or loans, etc. Public AccommodationPublic Accommodation

Can not discriminate in services, facilities Can not discriminate in services, facilities or goods offered to the general public. or goods offered to the general public.

EducationEducation Can not discriminate in offering equal Can not discriminate in offering equal

opportunities in education, such as opportunities in education, such as participation in academics, extra curricular participation in academics, extra curricular or athletic programs, etc. or athletic programs, etc.

HVAAA ResponsibilityHVAAA Responsibility

Because HVAAA uses state and federal funds in Because HVAAA uses state and federal funds in the services it provides, we must comply with the services it provides, we must comply with requirements of both state and federal Civil requirements of both state and federal Civil Rights regulations. Rights regulations.

It is a requirement of sponsors of the Senior It is a requirement of sponsors of the Senior Farmers Market Nutrition to provide Civil Rights Farmers Market Nutrition to provide Civil Rights training to employees and volunteers and a have training to employees and volunteers and a have written policy on how to handle discrimination written policy on how to handle discrimination

HVAAA Procedure Civil Rights HVAAA Procedure Civil Rights Policy /Procedure Policy /Procedure

Hawkeye Valley Area Agency on Aging, as a human service provider, provides Hawkeye Valley Area Agency on Aging, as a human service provider, provides services to individuals regardless of race, color, creed, religion, national origin, sex, services to individuals regardless of race, color, creed, religion, national origin, sex, sexual orientation, gender identity, mental or physical disability.  sexual orientation, gender identity, mental or physical disability.  Hawkeye Valley Area Agency on Aging will not tolerate harassment of any type.  We Hawkeye Valley Area Agency on Aging will not tolerate harassment of any type.  We will promptly investigate claims of harassment and take corrective measures, if will promptly investigate claims of harassment and take corrective measures, if required. required. Persons who believe they have been treated unfairly in the areas of employment, Persons who believe they have been treated unfairly in the areas of employment, housing, education, credit or public accommodations as an employee or customer of housing, education, credit or public accommodations as an employee or customer of Hawkeye Valley Area Agency on Aging, please contact in writing or call:Hawkeye Valley Area Agency on Aging, please contact in writing or call:

                       Bob SchafferBob Schaffer

                        Affirmative Action ProgramAffirmative Action Program                        2101 Kimball Avenue, Suite 3202101 Kimball Avenue, Suite 320                        Waterloo, IA  50702Waterloo, IA  50702                        319-272-2244 or 800-779-8707319-272-2244 or 800-779-8707                        oror                        IOWA CIVIL RIGHTS COMMISSIONIOWA CIVIL RIGHTS COMMISSION                        Grimes State Office BuildingGrimes State Office Building                        400 E. 14th Street400 E. 14th Street                        Des Moines, IA  50319Des Moines, IA  50319                        515-281-4121 or 800-457-4416515-281-4121 or 800-457-4416

““And Justice For All”And Justice For All” We are required to We are required to

display this poster at display this poster at every site that every site that HVAAA distributes HVAAA distributes Senior Farmers Senior Farmers Market Coupons. Market Coupons.

Required on all USDA Senior Farmers Required on all USDA Senior Farmers Market Program Outreach MaterialMarket Program Outreach Material

Outreach materials include all information sheets, brochures, publications, posters,and public announcements that inform the public about the Farmers Market Program, benefitsor eligibility criteria. Any materials that are considered as Outreach must containthe following nondiscrimination statement.

In accordance with Federal Law and the U.S. Department of Agriculturepolicy, this institution is prohibited from discriminating on the basis ofrace, color, national origin, sex, age or disability.To file a complaint of discrimination, write:USDADirector of Civil RightsRoom 326-WWhitten Building1400 Independence Avenue, SWWashington, DC 20250-9410Or call (202) 720-5964 (Voice and TDD)USDA is an Equal Opportunity Provider and Employer

If the material is too small to permit the full statement, then the material will includeat the minimum the statement,

“HVAAA is an equal opportunity provider.”

The nondiscrimination statement will be located on the material in a prominentplace in bold print and in print size no smaller than the text.

Types of Public NotificationTypes of Public Notification

Newspaper articlesNewspaper articles

Radio/TelevisionRadio/Television

Pamphlets/FliersPamphlets/Fliers

Grassroots organizationsGrassroots organizations

Basic Elements of Public Basic Elements of Public NotificationNotification

Program AvailabilityProgram Availability hours of operationhours of operation location of clinicslocation of clinics

Complaint InformationComplaint Information how to file a complainthow to file a complaint

Nondiscrimination StatementNondiscrimination Statement

Data Collection Data Collection

Data Collection Data Collection and Reportingand Reporting

Data is used to generate reports Data is used to generate reports required by the Federal Governmentrequired by the Federal Government

Data is gathered for statistical purposes Data is gathered for statistical purposes only only

Collected data Collected data does notdoes not have any have any bearing on participationbearing on participation

Identification con’tIdentification con’t

Self-identification is the Self-identification is the preferred means of obtaining preferred means of obtaining information about an information about an individual’s race and individual’s race and ethnicity ethnicity

Staff will help determine race Staff will help determine race and ethnicity if necessaryand ethnicity if necessary

Race is reported as...Race is reported as...

Black (non-Hispanic)Black (non-Hispanic)

A person with origins in A person with origins in any of the Black racial any of the Black racial groups in Africa, groups in Africa, including Haitiansincluding Haitians

HispanicHispanic

A person of Central or A person of Central or South American, Cuban, South American, Cuban, Mexican, Puerto Rican, Mexican, Puerto Rican, or other Spanish culture or other Spanish culture or origin regardless of or origin regardless of racerace

Asian or Pacific IslanderAsian or Pacific Islander

A person with origins in A person with origins in any of the original people any of the original people of the Far East, of the Far East, Southeast Asia, India, or Southeast Asia, India, or Pacific Islands, i.e. Pacific Islands, i.e. China, Japan, Korea, China, Japan, Korea, Philippines, SamoaPhilippines, Samoa

American Indian or Alaskan American Indian or Alaskan Native Native

A person who has origins A person who has origins in any of the original in any of the original peoples of North peoples of North America and who America and who maintains tribal affiliation maintains tribal affiliation or community recognitionor community recognition

White (non-Hispanic)White (non-Hispanic)

A person with origins in A person with origins in any of the original any of the original peoples of Europe, the peoples of Europe, the Middle East, or North Middle East, or North AfricaAfrica

RecordsRecords

Records must be kept for 3 years after Records must be kept for 3 years after close-out of the federal fiscal year in close-out of the federal fiscal year in which the client was terminatedwhich the client was terminated

Safeguards must be maintained that Safeguards must be maintained that prevent the use of this information for prevent the use of this information for discriminatory purposesdiscriminatory purposes

Programs and Services Must be Programs and Services Must be Accessible to AllAccessible to All

Hawkeye Valley Area Agency on Aging has in place a contract with TeleInterpreters to assist Hawkeye Valley Area Agency on Aging has in place a contract with TeleInterpreters to assist with non-English speaking applicants. Non-English speaking applicants may contact by with non-English speaking applicants. Non-English speaking applicants may contact by telephone 1-800-822-5552 this service. telephone 1-800-822-5552 this service.

Individuals who are visually impaired will be provided large type documents or magnifying Individuals who are visually impaired will be provided large type documents or magnifying glass to read documents upon request. Hawkeye Valley Agency on Aging will consult with glass to read documents upon request. Hawkeye Valley Agency on Aging will consult with Iowa Department of the Blind to obtain other reasonable accommodations for those with Iowa Department of the Blind to obtain other reasonable accommodations for those with visual impairments. visual impairments.

Hearing impaired individuals will be provided the phone number to Relay Iowa, 7-1-1 or (800) Hearing impaired individuals will be provided the phone number to Relay Iowa, 7-1-1 or (800) 735-2942. Through the Deaf Services Commission of Iowa a listing of Licensed Sign 735-2942. Through the Deaf Services Commission of Iowa a listing of Licensed Sign Language Interpreters is available and may be utilized. This listing can be found at: Language Interpreters is available and may be utilized. This listing can be found at: http://www.state.ia.us/government/dhr/ds/Webpages/NEW.Resource2.htmhttp://www.state.ia.us/government/dhr/ds/Webpages/NEW.Resource2.htm

Reasonable accommodations will be made for applicants who disclose they have a disability Reasonable accommodations will be made for applicants who disclose they have a disability during the application process and request an accommodation. Hawkeye Valley Area Agency during the application process and request an accommodation. Hawkeye Valley Area Agency on Aging will utilize community resources such as Vocational Rehabilitation, Iowa Department on Aging will utilize community resources such as Vocational Rehabilitation, Iowa Department of the Blind, Deaf Services Commission of Iowa, Relay Iowa and others as needed to assist of the Blind, Deaf Services Commission of Iowa, Relay Iowa and others as needed to assist when an accommodation is requested and no immediate means to meet request is available. when an accommodation is requested and no immediate means to meet request is available. Accommodations will be made if reasonable, appropriate for the situation and not an undue Accommodations will be made if reasonable, appropriate for the situation and not an undue hardship on the conduct of business. hardship on the conduct of business.

Discrimination IsDiscrimination Is

Delayed service in receiving benefitsDelayed service in receiving benefits Denied benefitsDenied benefits Being treated differently than others to Being treated differently than others to

their disadvantagetheir disadvantage Disparate treatment of others that is not Disparate treatment of others that is not

discriminatory in nature, but has the discriminatory in nature, but has the impact of that puts an individual or a group impact of that puts an individual or a group at a disadvantage. at a disadvantage.

Exclusion of eligible persons based on Exclusion of eligible persons based on race, color, national origin, age, sex, or race, color, national origin, age, sex, or disabilitydisability

Inequitable service or allocation of Inequitable service or allocation of resources based on protected classesresources based on protected classes

Issuance of food instruments in a place, Issuance of food instruments in a place, time, or manner that results in denying time, or manner that results in denying or limiting benefits to a specific groupor limiting benefits to a specific group

Examples of DiscriminationExamples of Discrimination

Examples of Discrimination Examples of Discrimination con’tcon’t

Segregation of persons in waiting areas Segregation of persons in waiting areas or by the way they are scheduledor by the way they are scheduled

Failure to apply the same eligibility Failure to apply the same eligibility criteria to all potentially eligible personscriteria to all potentially eligible persons

Maintaining waiting lists based on race, Maintaining waiting lists based on race, color, national origin, age, sex or color, national origin, age, sex or disabilitydisability

Right to File a ComplaintRight to File a Complaint

Any person alleging Any person alleging discrimination on the basis discrimination on the basis of a protected class can file of a protected class can file a complaint within 180 a complaint within 180 days of the alleged days of the alleged discriminatory actiondiscriminatory action

Civil Rights Complaints can be Civil Rights Complaints can be made directly to USDAmade directly to USDA

A complaint of discrimination can be made A complaint of discrimination can be made directly to USDA, A written complaint directly to USDA, A written complaint should be sent to Director, Office of should be sent to Director, Office of Adjudication and Compliance, 1400 Adjudication and Compliance, 1400 Independence Avenue, SW, Washington Independence Avenue, SW, Washington DC 20250-9410. A verbal complaint DC 20250-9410. A verbal complaint 20250-9410 or call (800) 795-3272 (voice) 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TTY)or (202) 720-6382 (TTY)

Civil Rights Complaints will be Civil Rights Complaints will be AcceptedAccepted

In WritingIn Writing

OrallyOrally

AnonymouslyAnonymously

What to Do When a Complaint Is What to Do When a Complaint Is Received.Received.

Use Complaint Form. Forms must be available at all Use Complaint Form. Forms must be available at all Senior Farmer Market Program Distribution sites. Senior Farmer Market Program Distribution sites.

If a Civil Rights complaint is made, give a Civil Rights If a Civil Rights complaint is made, give a Civil Rights Complaint form to the person. They may complete the Complaint form to the person. They may complete the form there at the time of the incident or mail form there at the time of the incident or mail

Sponsors representatives must attempt to help Sponsors representatives must attempt to help complainant complete the form.complainant complete the form.

Document Complaint on Complaint LogDocument Complaint on Complaint Log Forward Complaint to Central Office to the attention of Forward Complaint to Central Office to the attention of

Sally Myers or Bob SchafferSally Myers or Bob Schaffer Complaints will be forwarded to USDA. Complaints will be forwarded to USDA. Complaint logs must be retained for 3 years plus the Complaint logs must be retained for 3 years plus the

current year even if no complaint was filed. current year even if no complaint was filed.

Sample Complaint FormSample Complaint Form

ComplaintComplaintInformation neededInformation neededFor Complaint LogFor Complaint Log

Optional Information Optional Information NameName AddressAddress Telephone numberTelephone number

ComplaintComplaintRequired Information needed Required Information needed

con’tcon’t Location where incident occurredLocation where incident occurred

Description of the incidentDescription of the incident

Basis for the claim (protected class) Basis for the claim (protected class)

Names of witnessesNames of witnesses

Date when action(s) occurredDate when action(s) occurred

Compliance Review Compliance Review RequirementsRequirements

State agencies are State agencies are responsible for reviewing responsible for reviewing local agencieslocal agencies

Local agencies are Local agencies are responsible for reviewing responsible for reviewing sub-recipientssub-recipients

Resolution of NoncomplianceResolution of Noncompliance

HVAAA will be provided a written report to HVAAA will be provided a written report to explaining the area of Civil Rights explaining the area of Civil Rights noncompliancenoncompliance

Appropriate citation being violated; law, Appropriate citation being violated; law, regulation, policy, instruction or guidelines, etc.regulation, policy, instruction or guidelines, etc.

Corrective Action Plan with a 60 day deadline to Corrective Action Plan with a 60 day deadline to achieve complianceachieve compliance

CIVIL RIGHTSCIVIL RIGHTS

USDA Civil Rights TrainingUSDA Civil Rights Training

Thank you for your participation in today’s Thank you for your participation in today’s training. If you have any questions, please training. If you have any questions, please feel free to contact me. feel free to contact me.

Bob Schaffer Bob Schaffer

bschafffer@hvaaa.orgbschafffer@hvaaa.org

(319) 272-2244(319) 272-2244