Civil Rights

Your Rights and Responsibilities In the

Child Nutrition Programs

Civil Rights for School Nutrition Program Sponsors

Annual Civil Rights training required by USDA

All “frontline” staff who work with program participants or applicants as well as those who supervise “frontline” staff

To ensure that people involved in all levels of program administration understand Civil Rights related laws, procedures and directives.

Goals of Civil Rights To eliminate barriers that prevent

or deter people from receiving benefits of a government sponsored/funded program.

To provide equal treatment in the delivery of programs and services to all applicants, participants and beneficiaries of a federal program.

To ensure that all applicants and participants understand their rights and responsibilities.

To show respect and dignity to all.

Definitions Civil Rights: “personal

liberty” or fair and equitable treatment of all customers and employees by the US Constitution and Acts of Congress.

Discrimination: occurs when the civil rights of an individual are interfered with because of their membership in a particular group or class.

Civil Rights Legislation

Civil Rights Act of 1964: Non-discrimination on the basis of race, color or national origin.

Title VI: Prevents discrimination in federally funded programs.

Title VII: Prevents employment discrimination where the employer is involved in interstate commerce.

Title IX: Non-discrimination on the basis of sex. The American with Disabilities Act of 1990:

Non-discrimination on the basis of disability. Age Discrimination in Employment Act: Non-

discrimination on the basis of age.

Protected ClassesWhat is a protected class? A protected class refers to any person or group of

people who have characteristics for which discrimination is prohibited based on law, regulation or an executive order.

Protected Classes in the School Nutrition Programs:Race SexColor AgeNational origin Disability

A Sponsor’s Responsibility

Outreach and Education Ensuring Equal Access to the

Program Collection of Racial and

Ethnic Data Reasonable

Accommodations Language Assistance Complaint Resolution

Outreach and Education Program Availability: sponsors must take specific actions to

inform the public of their program rights and responsibilitiesand the steps necessary for participation.

Complaint Information: applicants and participants must beadvised of their right to file a discrimination complaint, howto file a complaint and the complaint procedures.

Nondiscrimination Statement: all informational materials andsources, including Web sites used by sponsors to inform thepublic about School Nutrition Programs, must contain the appropriate USDA nondiscrimination statement.

Outreach and Education Non-discrimination statement

must be included on all materials referencing USDA programs

And Justice For All Poster: Display in the food service area so that it is visible to participants

Nondiscrimination Statement

The 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 if 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.)

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 of 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 and wish to file either an EEO or program complaint please contact USDA through the Federal Relay Service at (800) 877-8339; or (800) 845-6136 (Spanish).

Persons with disabilities who wish to file a program complaint, please see information above on how to contact us by mail directly or by email. If you require alternative means of communication for program information (e.g., Braille, large print, audiotape, etc.) please contact USDA’s TARGET Center at (202)720-2600 (voice and TDD).

USDA is an equal opportunity provider and employer.

Equal Access for All

Schools/Institutions must administer programs so that they are accessible to all participants regardless of race, color, national origin, sex, age, or disability.

Racial and Ethnic Data

This information is collected by most schools as part of the No Child Left Behind Act. If your school/institution does not already collect this data, the Civil Rights Compliance Report must be completed. Data collected must include all potential

eligible participants by race and ethnic category

This must be accessible for review with regard to participation in the Child Nutrition Programs

Importance of Data Collection

Racial and ethnic data is important in ensuring your program is reaching all potentially eligible children

This data must be kept for three years plus the current year in a secure and confidential manner

Reasonable Accommodations Food substitutions and modifications must be

made for students with disabilities if: A physician’s statement is on file that

describes the participant’s disability and the physician has indicated the substitutions or modifications that the participant needs Reference the USDA’s “Accommodating

Children with Special Dietary Needs in the School Nutrition Programs” for more information. (available on the Child Nutrition Knowledge Center website)

Reasonable Accomodations

Disability: “ Any person who has a physical or mental impairment which substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment.”

Language Assistance

Schools/Institutions must try to accommodate people with limited English proficiency.

Free and Reduced-Price School Meal Applications may be found in 26 languages at the USDA/FNS Web site

http://www.fns.usda.gov/cnd/FRP/frp.process.htm

Complaint Resolution

In the case of a complaint of discrimination, contact the NH Dept. of Education at:(603) 271-3494Fax (603) 271-1953TDD Access: Relay NH: 711