Protecting our clients’ rightsWashington State WIC Nutrition Program Annual Civil Rights Training

DOH 960-101 May 2013

About this training

Everyone working in the WIC Program is required to receive annual training on Civil Rights.

A complete list of policies and procedures related to Notification, Civil Rights, and Fair Hearings is available in the Washington State WIC Nutrition

Program Manual (Volume 1, Chapter 20).

Learning objectivesAfter completing this module, you will have:

1. Considered at least 2 ways to prevent Civil Rightsdiscrimination complaints.

3. Located materials in your clinic that provide notification

of WIC’s non-discrimination policy.

2. Described ways your clinic provides meaningful access to clients with Limited English Proficiency.

5. Distinguished Civil Rights Complaints from Fair Hearing Requests.

4. Recalled the timeframe for filing Civil Rights discrimination complaints.

6. Summarized why WIC collects race and ethnicity data.

Section 1: Overview of Civil Rights

What are Civil Rights?

Civil Rights are the rights of individuals to be treated equally.

Protection from discrimination

Civil Rights laws & regulations protect a person from being discriminated against based on his or her:

1. Race

2. Color

3. National origin

4. Sex (Gender)

5. Disability

6. Age

These are considered the six protected

bases.

State non-discrimination laws

State laws additionally protect against discrimination based on a person’s religious beliefs and/or sexual orientation.

WIC agencies are contractually bound to uphold both federal and state non-discrimination laws.

Refer people who believe they have been discriminated against due to their

religious beliefs or sexual orientation to the Washington State Human Rights Commission

(toll free 1-800-233-3247).

Training Focus

The focus of this training is on Federal Civil Rights laws,

and on WIC’s role in upholding the laws

and preventing discrimination.

About discrimination

Denied services unfairly,

Delayed from receiving services, or

Treated differently from others

Discrimination occurs when individuals are:

because of the person’s race, color, national origin, sex, age or disability

Tips for preventing Civil Rights violations

Tip #1:

Provide good customer service to every

client and applicant.

Followingare 8 tips for preventing violations

Ask questions & check for understanding

Don’t assume you know. It is better to be sure you correctlyunderstand a person’s response or question rather than to fill in

the missing pieces.

Tip # 2: Prevent miscommunication by asking questions and checking for understanding

Let the person know what to bring

Tip # 3: Inform the client or applicant what to bring to the appointment.

Not only is this good customer service, it helps prevent any delay of services.

Help clients understand WIC

Assure they know:

income eligibility requirements,

when their eligibility period ends,

about WIC rules

Tip # 4: Help clients and applicants learn about the WIC program, so they know what to expect.

Inform about expected waiting & appointment times

Tip # 5: Let people know expected waiting times and approximately how long their appointment should take.

This is good customer service and lets everyone know that the time scheduled to provide WIC services is similar for all clients and applicants.

Follow processing standards

Pregnant and migrant applicants must be offered an appointment within 10 days of their initial date of contact.

Applicants in other categories (Children, Infants, Postpartum and Breastfeeding women) must be offered an appointment within 20 days of their initial date of contact.

Clinics may request an extension from the state WIC office to offer the appointment within 15 days.

Find out your clinic’s application and processing standards.

Tip # 6: Follow processing standards.

Collect information when clients are present

Tip # 7: Ask for race and ethnicity information when the applicant or client is physically present.

When an applicant is asked to provide race or ethnicity information over the phone, then is found ineligible for the program, the person might conclude that the staff denied services based on the individual’s race or ethnicity.

Prevent this by never asking forthis information over the phone.

Make sure transfer clients don’t miss out on checks.

Tip # 8: Ensure that clients transferring into your clinic receive uninterrupted benefits so they do not miss out on any WIC checks they are entitled to receive.

Remember…

The goal is to prevent clients and applicants from unfairly being:

denied services,

delayed from receiving services, or

treated differently from others

based on their race, color, national origin, sex, age or disability.

ACTIVITY 1“Consider this”

Review the list of Civil Rights violation

prevention tips before doing this activity.

Activity 1: Consider this

Bart arrives at a WIC clinic and asks how he can apply.He heard WIC provides help with food.

Bart

Which Civil Rights violation preventiontips can I use in this situation?

Staff person

What if the staff person tells Bart…

Staff person

WIC serves Women, Infants, and Children, but not men.

Can I give you a referral to the food bank?

Consider this

However, Bart & his wife have custody of their granddaughter, Katie.

It is true that men are not categorically eligible for WIC. Men aren’t served as clients.

If the staff person does not ask questions about the household,

she won’t know that Katie is eligible to be served by WIC.

Consider applicants’ perceptions

If Bart felt his family was being delayedfrom receiving services because of his gender (sex), he might choose to file a Civil Rights violation complaint.

Perceptions

When this happens, there is a risk of

misunderstanding information and

misinterpreting situations

We and our clients rely on our own experiences, beliefs, and assumptions to

fill in missing pieces of information.

Perceptions

What do you see? An elephant?

A cleverly painted hand?

A glass?

Two faces?

A duck?

A bunny?

Perceptions

Aoccdrnig to rscheearch at Cmabrigde Uinervtisy, it deosn't mttaer in waht oredr the ltteers in a wrod are, the olny iprmoatnt tihng is taht the frist and lsat ltteer be at the rghit pclae. The rset can be a toatl mses and you can sitll raed it wouthit a porbelm. Tihs is bcuseae the huamn mnid deos not raed ervey lteter by istlef, but the wrod as a wlohe. In order to understand this, did

you fill in the missing pieces?

Perceptions

It is just as easy for our clients to fill in the missing pieces.

Ask questions and check for understanding with those you serve.

ACTIVITY 2 Consider good customer service as a violation prevention tool

Activity 2: Consider good customer service as a violation prevention tool

Jacinta has missed several WIC appointments. The appointments have conflicted with her school schedule.

Jacinta’s daughter Tina is a WIC client.

Today, Jacinta stops by the clinic after school to pick up Tina’s WIC checks.

When the staff person reviews Tina’s record, he finds that Tina’s eligibility has ended.

Tina will need to be recertified.

What should staff do?

Which Civil Rights violation prevention tipscan staff use in this situation?

Consider this…

If Jacinta is aware of WIC rules and the certification process, and is treated with courtesy and respect,it is more likely she will understand why staff cannot provide checks today.

Provide good customer service to help prevent Civil Rights violations.

She will be less likely to assume staff are discriminating against her family.

Consider trying this three step communication style

1. Affirm the client. “Sometimes it is hard to make it to appointments

especially when you’re such a busy mom.”

2. State the facts in a positive manner. “I see that Tina’s eligibility ended two months ago. That means we will need to schedule her for a recertification appointment. Unfortunately we aren’t allowed to provide checks today.” 3. Offer solutions and be client centered. “I’ll try to find an available appointment time that works for your schedule, and we’ll get Tina recertified as soon as possible.”

Section 2:Meaningful Access to Services

Meaningful access to services

WIC provides meaningful access to services by assuring that clients and applicants

have the information they need in their language.

This includes information about how to apply for WIC,

how to follow WIC rules, and what to expect from the program.

Executive Order 13166 & LEP

This order requires federally funded programs like WIC to provide individuals with Limited English Proficiency (LEP), meaningful access to services.

Meaningful access to services is required for individuals

whose primary language is not English, and

who have a limited ability to read, speak, write, or understand English

In 2000, then President

Bill Clinton issued Executive Order

13166

Access to services for LEP

What are ways weprovide our WIC

clients and applicants meaningful access

to services?

Meaningful access - outreach

WIC provides meaningful access to services by assuring information is available in other languages.

Outreach materials are printed in several languages. The messages are aimed to reach members of our community who may benefit from WIC services.

Meaningful access – materials

Program materials are available in languages other than English.

Meaningful access - interpreters

Staff assure interpreters are available to assist LEP clients.

This is done by:

Employing bilingual staff who speak the language of the clients served,

Using certified interpreters, and/or

Using the Language Line

Meaningful access - Language Line

The Language Line provides access to interpretation services for over 140 languages.

Locate the Language Line Quick Reference Card in your clinic.

Section 2 - Activities

2. List a few WIC materials in your clinic that are printed in languages other than English.

1. Describe how your clinic provides meaningful access to services for LEP clients.

Section 3: Notification Policies

Non-Discrimination Notification

WIC is required to notify applicants and clients that WIC does not discriminate.

Any material that includes information about WIC eligibility includes

a non-discrimination statement.

Non-Discrimination Statements

When a material includes information about WICeligibility, one of these two non-discrimination

statements must be included:

In accordance with Federal Law and Department of Agriculture (USDA) policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability. To file a complaint of discrimination, write USDA, Director, Office of Adjudication, 1400 Independence Avenue, SW, Washington, D.C. 20250-9419 or call toll free (866) 632-9991 (Voice). Individuals who are hearing impaired 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.

Washington WIC Nutrition Program does not discriminate.

This institution is an equal opportunity provider.Washington WIC Nutrition Program

does not discriminate.

And Justice For All

All clinics prominently display the “And Justice For All” poster.

It explains WIC’s non-discrimination policy.

It notifies people of steps they can take if they have been discriminated against by WIC.

Section 3 - Activity

1. Locate the “And Justice For All” poster that is displayed in your clinic.

2. Find materials in your clinic that include the WIC non-discrimination statement.

Section 4:Civil Rights Discrimination Complaints

Civil Rights discrimination complaints

A Civil Rights discriminationcomplaint is filed to report a person who believes his/her Civil Rights have been

violated.

How to file a complaint

Individuals can file a complaint by directly contacting the USDA Office of Civil Rights or can ask WIC staff for assistance in filing the complaint.

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.

To file a complaint, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410

or call (800) 795-3272 (voice) or (202) 720-6382 (TTY). USDA is an equal opportunity provider and employer.

Washington WIC Nutrition Program does not discriminate.

The address and phone number are provided within the WIC non-discrimination policy.

Timeframe: Civil Rights discrimination complaints

When a client or applicant wants to file a complaint, the person must file the complaint within

180 days of the alleged discriminatory act.

Staff are required to submit the complaint form within 5 days of receiving the complaint.

Civil Rights Complaints – Staff’s role

When WIC staff are aware that a client or applicant would like to file a Civil Rights complaint, staff must assist the person in filing the complaint.

Staff should also notify their clinic’s Civil Rights Coordinator.

Staff help the client complete the Civil Rights Discrimination Complaint Form found in the

WIC Manual, Volume 1, Chapter 20.

Civil Rights Complaints – Staff’s role

Once the Civil Rights Discrimination Complaint Formis complete, staff are to:

• Provide one copy to the client.

• Keep a copy in a secure, confidential filein the clinic.

• Send a copy to the state WIC’s Civil Rights Coordinator.

Make three copies of the form

Submit the original form to the USDA Office of Civil Rights.

Confidentiality

Staff protect the client’s confidentiality by keeping details about the Civil Rights complaint between themselves, the clinic’s Civil Rights Coordinator, the client, and when appropriate, the state WIC Civil Rights Coordinator.

The details of the complaint are not to

be shared among staff, and the client

must not be retaliated against for filing the

complaint.

Fair Hearing Requests

Fair Hearing requests are different from Civil Rights discrimination complaints.

Civil Rights discrimination complaints involve a possible act of discrimination.

Fair Hearing requests do not.

Timeframes and the process for Fair Hearing requests also differ from Civil Rights discrimination complaints.

About Fair Hearing requests

A client or applicant can request a Fair Hearing to request that a judge review their case and

decide if WIC was wrong in:

determining the person ineligible for WIC, taking the person off of the program, or asking the person to pay money back to the program.

Section 4 - Activities

1. How long does an individual have to file a Civil Rights discrimination complaint from the time the person believes discrimination occurred?

2. How long do staff have to submit the complaint form to the USDA Office of Civil Rights?

Recall the timeframes for filing Civil Right discrimination complaints.

Identify who you would contact in your clinic if a client or applicant wanted to file a complaint.

Section 4 - Activities

4. Briefly describe the difference between a Civil Rights discrimination complaint and a Fair Hearing request.

3. Who is your clinic’s Civil Rights Coordinator?

Section 5:Race and Ethnicity Data Collection

Why does WIC collect race and ethnicity data?

As a federal program, WIC is required to collect race and ethnicity information.

We collect and use this information to assure WIC eligible race and ethnicity groups are appropriately represented within the WIC Nutrition Program.

Why does WIC collect race and ethnicity data?

By accurately collecting this information, WIC plays an important role in helping to

identify health disparities and determining strategies to overcome them.

The more we understand about the clients we serve, the better we will be able to help identify and meet their needs.

When is the data collected?

WIC collects and documents race and ethnicity data at the client’s initial WIC certification.

New Certification

Presume Eligible

Out of State Transfer In

Enroll Infant

The client’s initial WIC certification point might be:

Race and ethnicity information is never collected over the phone.

Where is data documented?

Data is documented on the Race/Ethnicity tab in Client Services.

What if a client refuses to report?

If the client refuses to report his/her race, staff are required to document race and ethnicity based on their own perception.

Encourage the person to self report the information so the race and ethnicity is accurately documented.

Section 5- Activities

1. Why does WIC collect information from clients and applicants about their race and ethnicity?

2. Where is race and ethnicity documented?

3. Locate the Race/Ethnicity tool in your clinic. Review the definitions of race categories.

Race/Ethnicity Tool

Section 6: Summary

WIC staff have the important role of protecting clients’ and applicants’ Civil Rights.

Protecting our clients’ rightsis part of our job

We take steps to prevent Civil Rights violations.

Discrimination occurs when someone is:

• denied services unfairly,

• delayed from receiving services, or

• treated differently from others.

because of his/her race, color, age, national origin, sex, or disability.

Discrimination is considered a Civil Rights violation.

WIC provides meaningful access to services

WIC assures that LEP applicants and clients do not experience a barrier to service because of their language.

Meaningful access to services is provided by assuring that clients and applicants have the information they need in their language.

Applicants and clients are notified about WIC’s non-discrimination policy

The non-discrimination statement is printed on all program materials that include information about WIC eligibility.

All clinics prominently display the “And Justice For All” poster.

It explains WIC’s non-discrimination policy.

It notifies people of steps they can take if they have been discriminated against by WIC.

Discrimination complaints

The person has 180 days from the date of the alleged discriminatory act to file the complaint.

When staff assist the person with filing the complaint, they must submit the complaint within 5 days to the USDA Office of Civil Rights.

Fair Hearing requests are different

Civil Rights discrimination complaints involve suspected acts of discrimination. Fair Hearing requests do not.

A Fair Hearing request is made to request that a judge assess if WIC was wrong in:

• determining a person ineligible for WIC, • taking a person off of the program, or • asking a person to pay money back to the program.

WIC is required to collect race and ethnicity information

The data is used to assure WIC eligible race and ethnicity groups are appropriately representedwithin the WIC program.

By accurately collecting the information,WIC plays an important role in helping to identify

health disparities and determining strategies to overcome them.

Civil Rights equates to human rights treating each and every person with

respect as a human being.

Protecting the rights of another, in essence protects the rights

of ourselves.

Samuel ChambersFormer Food and Nutrition Administrator

This institution is an equal opportunity provider. Washington WIC Nutrition Program does not discriminate.

For persons with disabilities this publication is available on request in other formats. To submit a request, please call 1-800-841-1410.

DOH 960-101 May 2012