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FNS Instruction 113-1. Civil Rights Training for TEFAP and CSFP. FNS Instruction 113-1. This Instruction is applicable to ALL programs and activities of a receipt of Federal financial assistance, whether those programs and activities are federally funded in whole or not. - PowerPoint PPT Presentation
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FNS Instruction 113-1FNS Instruction 113-1
Civil Rights Training for TEFAP Civil Rights Training for TEFAP and CSFPand CSFP
FNS Instruction 113-1FNS Instruction 113-1
This Instruction is applicable to This Instruction is applicable to ALL programs and activities of a ALL programs and activities of a receipt of Federal financial receipt of Federal financial assistance, whether those assistance, whether those programs and activities are programs and activities are federally funded in whole or not federally funded in whole or not
Federal Financial AssistanceFederal Financial Assistance
Anything of value received from the Anything of value received from the Federal governmentFederal government
Includes cash grants, commodities, Includes cash grants, commodities, training, excess computers, loans, training, excess computers, loans, property donations, and other goods property donations, and other goods and services provided with Federal and services provided with Federal funds.funds.
TEFAP and CSFP commodities TEFAP and CSFP commodities constitute Federal financial constitute Federal financial assistance.assistance.
FNS 113-1 OverviewFNS 113-1 Overview
Civil Right requirements for FNS Civil Right requirements for FNS nutrition programsnutrition programs
Contains references, definitions, Contains references, definitions, and responsibilitiesand responsibilities
Some rules apply to all Some rules apply to all programsprograms
TEFAP and CSFP specific rules TEFAP and CSFP specific rules covered in Appendix Ccovered in Appendix C
PurposePurpose
Establish and Establish and conveys policyconveys policy
Provides guidance Provides guidance and direction to and direction to USDA, FNS and USDA, FNS and its recipients and its recipients and customerscustomers
Ensures Ensures compliance with compliance with and enforcement and enforcement of the prohibition of the prohibition against against discrimination in all discrimination in all FNS programs and FNS programs and activities, whether activities, whether federally funded in federally funded in whole or notwhole or not
FNS 113-1 ChangesFNS 113-1 Changes
Certain procedures related to recent Certain procedures related to recent regulatory changesregulatory changes
Updates Data Collection ProceduresUpdates Data Collection Procedures Adds Equal Opportunity for Religious Adds Equal Opportunity for Religious
OrganizationsOrganizations Revises Complaint Handling Revises Complaint Handling
ProceduresProcedures Makes the FNS-113-1 a Single Makes the FNS-113-1 a Single
Reference for Civil Rights Reference for Civil Rights Compliance and EnforcementCompliance and Enforcement
3 New Sections in FNS113-13 New Sections in FNS113-1
Limited English Proficiency Limited English Proficiency (LEP)(LEP)
Equal Opportunity for Religious Equal Opportunity for Religious OrganizationsOrganizations
AppendicesAppendices
AuthorityAuthority
Title VI of the Civil Title VI of the Civil Rights Act 1964Rights Act 1964
American with American with Disability ActDisability Act
Title IX of the Title IX of the Education Education Amendments of 1972Amendments of 1972
Section 504 of the Section 504 of the Rehabilitation Act of Rehabilitation Act of 19731973
Age Discrimination Act Age Discrimination Act of 1975of 1975
The Personal The Personal Responsibility and Responsibility and Work Opportunity Work Opportunity Reconciliation Act of Reconciliation Act of 1996 1996
Food Stamp Act of Food Stamp Act of 19771977
Executive Order Executive Order 1316613166
USDA Departmental USDA Departmental Regulation 4330-2Regulation 4330-2
7CFR Part 16, Equal 7CFR Part 16, Equal Opportunity for Opportunity for Religious Religious OrganizationsOrganizations
Authority specific to TEFAP Authority specific to TEFAP and CSFPand CSFP 7 CFR Parts 7 CFR Parts
250 and 251250 and 251 The Emergency The Emergency
Food Food Assistance Act Assistance Act of 1983of 1983
7 CFR Parts 7 CFR Parts 250 and 247250 and 247
Sections 4(a) Sections 4(a) and 5 of the and 5 of the Agriculture and Agriculture and Consumer Consumer Protection Act Protection Act of 1973 (Public of 1973 (Public Law 93-86) as Law 93-86) as amendedamended
Protected Classes for TEFAP Protected Classes for TEFAP and CSFPand CSFP
RaceRace ColorColor National OriginNational Origin SexSex AgeAge DisabilityDisability Religious Creed (FSP) (FDPIR) and Religious Creed (FSP) (FDPIR) and Political Beliefs (FSP) (FDPIR)Political Beliefs (FSP) (FDPIR)
Types of DiscriminationTypes of Discrimination
Disparate TreatmentDisparate Treatment Disparate ImpactDisparate Impact RetaliationRetaliation
TEFAP and CSFP TEFAP and CSFP Responsibilities Responsibilities
TrainingTraining Compliance with Compliance with
civil right laws, civil right laws, regulations and regulations and requirementsrequirements
Equal treatment for Equal treatment for religious religious organizationsorganizations
Public Notification Public Notification and Assurancesand Assurances
Data collectionData collection Complaint Complaint
ProcessingProcessing
LEP services – LEP services – providing other providing other language serviceslanguage services
Accommodating Accommodating persons with persons with disabilitiesdisabilities
Conflict resolution Conflict resolution Customer ServiceCustomer Service
Civil Rights TrainingCivil Rights Training
USDA
State AgencyODJFS
Local AgencyFood Banks
Limited English Proficiency Limited English Proficiency (LEP)(LEP)
An LEP individual is a person An LEP individual is a person who is unable to speak, read, who is unable to speak, read, write or understand the English write or understand the English language at a level that permits language at a level that permits him or her to interact him or her to interact effectivelyeffectively with health and social services with health and social services agencies and providers.agencies and providers.
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.
Public NotificationPublic Notification
Program rights and Program rights and responsibilitiesresponsibilities
Nondiscrimination policyNondiscrimination policy Procedures for filing a complaintProcedures for filing a complaint
Methods of Public NotificationMethods of Public Notification
Prominently display the “And Justice for All” poster.Prominently display the “And Justice for All” poster. Inform potentially eligibly person, applicants, Inform potentially eligibly person, 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 person with disabilities.formats for person with disabilities.
Include the required nondiscrimination statement on Include the required nondiscrimination statement on all appropriate FNS and agency publications, all appropriate FNS and agency publications, websites posters and information materials.websites posters and information 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 provide photos and other graphics that are used to provide or program-related information. or program-related information.
Nondiscrimination StatementNondiscrimination Statement
In accordance with Federal law and U.S. In accordance with Federal law and U.S. Department of Agriculture policy, this Department of Agriculture policy, this institution is prohibited from discriminating institution is prohibited from discriminating on the basis of race, color, national origin, on the basis of race, color, national origin, sex, age or disability.sex, age or disability.
To file a complaint or discrimination write To file a complaint or discrimination write USDA, Director, Office of Civil Rights 1400 USDA, Director, Office of Civil Rights 1400 Independence Avenue, SW, Washington, Independence Avenue, SW, Washington, D.C. 20250-9410 or call (800) 795-3272 or D.C. 20250-9410 or call (800) 795-3272 or (202) 720-6382 (TTY) and USDA is an (202) 720-6382 (TTY) and USDA is an equal opportunity provider and employerequal opportunity provider and employer
Data Collection and ReportingData Collection and Reporting
State agencies, local agencies, State agencies, local agencies, and other sub-recipients are and other sub-recipients are required to obtain data by race required to obtain data by race and ethnic category on and ethnic category on potentially eligible populations, potentially eligible populations, applicants and participants in applicants and participants in their program service area.their program service area.
Collection of DataCollection of Data
Ensure racial or ethnic Ensure racial or ethnic participation is collectedparticipation is collected
Maintained for 3 yearsMaintained for 3 years Racial/ethnic data is required for Racial/ethnic data is required for
each applicant/participant at the each applicant/participant at the time of application/certificationtime of application/certification
Race & Ethnic Categories Race & Ethnic Categories Two Question FormatTwo Question Format
Ethnicity:Ethnicity: Hispanic or LatinoHispanic or Latino Not Hispanic or LatinoNot Hispanic or Latino
RaceRaceo American Indian or Alaskan NativeAmerican Indian or Alaskan Nativeo Asian Asian o Black or African AmericanBlack or African Americano Native Hawaiian or Other Pacific Native Hawaiian or Other Pacific
IslanderIslandero WhiteWhite
Racial/Ethnic CategoriesRacial/Ethnic Categories
American Indian or Alaskan American Indian or Alaskan NativeNative
AsianAsian Black or African AmericanBlack or African American Native Hawaiian or Other Pacific Native Hawaiian or Other Pacific
IslanderIslander Hispanic or LatinoHispanic or Latino WhiteWhite
Race and Ethnic Categories Two Race and Ethnic Categories Two Question FormatQuestion Format
Program applicants may not be Program applicants may not be required to furnish race or required to furnish race or ethnicityethnicity
Visual observation will be used Visual observation will be used when the applicant does not self when the applicant does not self identify. identify.
Complaint ProceduresComplaint Procedures
Rights and ResponsibilitiesRights and Responsibilities Bureau of Civil RightsBureau of Civil Rights ODJFS Complaint Processing ODJFS Complaint Processing
SystemSystem
Compliance Reviews & Compliance Reviews & Resolution of Non-ComplianceResolution of Non-Compliance USDA FNS Region review state USDA FNS Region review state
agenciesagencies State agencies review State agencies review
local/county agencieslocal/county agencies Local agencies review their sub-Local agencies review their sub-
recipientsrecipients State agency must report State agency must report
significant findings to the significant findings to the reviewed entity and FNSreviewed entity and FNS
NoncomplianceNoncompliance
A factual finding that any civil A factual finding that any civil rights requirement, as provided rights requirement, as provided by law, regulation policy, by law, regulation policy, instruction, or guidelines is not instruction, or guidelines is not being adhered to by a State being adhered to by a State agency, local agency or other agency, local agency or other sub-recipient are reported. sub-recipient are reported.
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