THE EMERGENCY FOOD ASSISTANCE PROGRAM (TEFAP)

AGENCY CIVIL RIGHTS TRAINING

Presented By:

Last Updated in 01/2014

Goals of Civil Rights Training

Equal, fair, and respectful treatment of all clients and beneficiaries

Elimination of illegal barriers preventing or deterring people from receiving benefits

Knowledge of rights and responsibilities of agency staff and volunteers

Dignity and respect for all.

What are Civil Rights?

“The nonpolitical rights of a citizen; the rights of personal liberty guaranteed to U.S. citizens by the 13th and 14th Amendments to the U.S. Constitution and by acts of Congress.”

What is Discrimination?

The act of distinguishing one person or group of person from other, either intentionally, by neglect, or by the effect of actions or lack of actions based on their protected classes.

Types of Discrimination

Disparate Treatment – Someone is treated differently because of appearance or age and is intentionally committed (i.e. if you are mean towards elderly clients)

Disparate Impact – Discrimination based on an action or rule, effecting a protected class (i.e. making the elderly use a different door than other clients)

Reprisal/Retaliation – Negative treatment due to prior civil rights activity by an individual or her/her family or friends.

What is a Protected Class?

Any person or group of people who have characteristics for which discrimination is prohibited based on a law, regulation, or executive order.

Protected classes in Emergency Food Assistance are: Race and Color National Origin Age Sex Disability

What is Federal Financial Assistance?

Federal financial assistance is anything of value received from the Federal government such as:

Cash grants and/or loans Training Property donations Permission to use Federal property USDA food and commodities, or Similar items and services

Civil Rights Legislation

Title VI – Civil Rights Act of 1964 The Age Discrimination Act of 1975 Title IX of the Education Amendments of 1972 Section 504 of the Rehabilitation Act of 1973 Title II and Title III of the Americans with

Disabilities Act of 1990 USDA Regulation 7 CFR Part 16, Equal

Opportunity for Religious Organizations FNS Instruction 113-1:

http://www.fns.usda.gov/cr/Documents/113-1.pdf

Agency Expectations

Local agencies are responsible for civil rights training annually.

Front line employees and volunteers should receive training.

Local agencies are required to document their training efforts.

Agency ExpectationsContinued

After reviewing training materials, staff and volunteers should: Be able to identify a civil rights complaint, if

received. Know what to do if they receive a complaint. Understand that it is the basic right of the

individual to file a complaint. Sign a document, saying they received

training. Know where the sign in sheet is kept.

Required Talking Points

Collection and use of date, Effective public notification, Complaint procedures, Compliance review techniques, Resolution of noncompliance, Reasonable accommodation for people

with disabilities, Language assistance, Conflict resolution, and Customer service

Collection and Use of Data

Currently, clients self-declare the household’s information for TEFAP income eligibility

In general, any date collected about clients should be kept secure and confidential.

This data needs to be kept for a minimum of one year.

This data is used to determine the number of people being helped in your service area.

Public Notification

All TEFAP assistance programs must include a public notification system. The purpose of this system is to inform clients and potentially clients of: Program availability Program rights and responsibilities, The policy of nondiscrimination, and The procedure for filing a complaint.

Public Notification Continued

How should your agency notify the public? Display the “And Justice for all…” poster Display agencies dates, times, and/or hours of

operation prominently, Market the agencies program through as many

different means as possible (i.e. posting signs at local community center, grocery stores, informing community groups or advocacy groups),

Try to use other languages to reach people with limited English proficiency,

Convey the message of equal opportunity on program related materials

Non-Discrimination Statement

Full Statement: “In accordance with the 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 of discrimination, write USDA, Director, Office of Adjudication, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410 or call (866) 632-9992 (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.”

Non-Discrimination Statement

Short Version: “This institution is an equal opportunity

provider.”

Include the non-discrimination statement on ALL material that mention USDA programs; including websites, photos, and other graphics that are used in publications.

Complaints

Complaints can be based on: Race, Color, Age, Sex, or Disability.

Complaints can be written or verbal. Complaints can be made via phone, letter,

email, or fax. If receiving a verbal complaint, listen politely.

Complaint Tips

NEVER discourage groups or individuals from filing a complaint or from telling about a situation of potential discrimination.

Provide forms fro written complaints. Take detailed note of complaints.

If the complaint is made via phone call or the person wishes not to put the complaint in writing, the staff/volunteer member of the agency will need to write up the details of the complaint to be submitted.

How to File a Complaint

Information Needed: Who is complaining (Name, Address,

Telephone number, etc.) Where the incident happened (What agency

and what address) What happened Basis for the claim (Age, Race, Disability, etc.) Name or Names of anyone who witnessed the

incident (either saw or heard) When the incident happened (Date and time)

How to File a Complaint

Send the complaint letter to: USDA Director, Office of Adjudication 1400 Independence Ave, SW Washington, D.C. 20250-9410

And the Iowa Food Distribution Program office: Iowa Department of Human Services, Division of

Financial, Health & Work Support Hoover State Office Building, 1305 E. Walnut Street, Des Moines, IA 50319-0114 Telephone (515) 281-5410 Fax: (515) 281-7791

Compliance Reviews

The purpose is to determine if the applicant or recipient of Federal financial assistance is in compliance with civil rights requirements.

Conducted by State of Federal staff or both with the food bank.

Food banks conduct compliance reviews with agencies prior to membership, annually or as needed. This involved the following The "And Justice for All…” poster is displayed, and

that all civil rights requirements are being followed.

Compliance Reviews Continued

Local agencies should try to provide outreach materials to organization within it’s community to reach eligible populations.

Local agencies should conduct staff training about civil rights

Ensure staff and/or volunteers know how to handle civil rights compliants

Resolution of Noncompliance

Corrective Actions: Cease inappropriate actions by following a

Corrective Action Plan (CAP) Institute appropriate procedures

FAILURE/REFUSAL CAN RESULT IN LOSS OF FEDERAL ASSISTANCE FROM ALL FEDERAL SOURCES

Reasonable Accommodations

Ensure people with disabilities can get into your agency from the parking lot, entrances, halls, elevators, rest rooms, as well as allowances for services animals.

Arrange ways for people to get services Example: Using the street level floor of the

agency building instead of making people use stairs to go to the basement.

Check the ADA guidelines for specifics:http://www.ada.gov/

Limited English Proficiency(LEP)

Limited English Proficiency (LEP) means English is not a primary language for an individual or group and they have a limited ability to read, speak, write, or understand English.

All organizations receiving Federal Financial Assistance have a responsibility to rake reasonable steps to ensure a “meaningful” access to their programs and activities by persons with LEP.

Limited English Proficiency(LEP)

How service is provided depends on: Number and proportion of LEP persons served or

encountered in eligible population Frequency of LEP persons’ contact with program Nature & importance of program, activity, or service Resources available and costs

Potential Solutions: Using technological advances, Sharing of language assistance material and services

among community organizations and/or recipients Pooling resources among several agencies Standardizing documents to reduce translation needs

Limited English Proficiency(LEP)

Volunteers may be used, but make sure they understand interpreter ethics; especially the confidentiality of clients.

Children should not be used as interpretersSee www.lep.gov for more resources &

information

Conflict Resolution

Have a written policy for dealing with unacceptable behavior and conflicts

Try to remain calm

Try to explain the situation

Get help in all situations, especially if threats or if violence is possible

Conflict Resolution

How is your attitude? Be patient; give the client an opportunity to

explain. Always clearly introduce yourself, especially

on the telephone. Be understanding. Do not be judgmental. Talk calmly and slowly. Be sincere, especially if the real problem is not

the fault of your agency and clearly not your fault.

It is ok to apologize to the customer for her or her inconvenience.

Customer Service

“Treat others the way they want to be treated (or at least be aware of what that is”

Recognize that participants have varied needs and (sometimes) few resources.

Learn to put yourself in their place when necessary.

Recognize when stress creates a problem in giving service excellence.

Answer questions in a voice that is non-threatening

Customer Service Continued

Treat all people with dignity and respect Avoid sarcasm Smile when appropriate – make people feel

welcome and valued. Be empathetic; understand people may not

know the rules or understand how programs work. They may feel uncomfortable coming to ask for help.

Don’t be afraid explain policy and let clients know the issues if the rules are violated

Don’t feel you need to have the last word.

Situation Question #1

In order to ensure there are interpreters available, a food pantry wants to mandate all Ukrainian speaking clients be served on

the second Friday of each month.

Is this allowable since the intent is to provide good service and not to

discriminate?

Situation #1 Answer

Answer:

This would not be allowable because it is a form of segregation based on national

origin. The pantry needs to try to accommodate people whenever the need

assistance. The pantry could advertise days on which it has interpreters on site, but people who speak a particular language

cannot be required to come only on certain days.

Situation Question #2

As part of its meal service, a soup kitchen wants to require a prayer before the meal.

Is this allowable, and are there any exceptions or special requirements?

Situation #2 Answer

Answer:A prayer may be said before a meal.

Clients must know that:1) Cooperation and/or participation in the

activity is not a condition to receive TEFAP benefits.

2) People cannot be treated differently if they choose not to participate in the prayer.

Situation Question #3

Most of the people who work with a local TEFAP site are volunteers.

Do they need to be trained, and if so, why do they need to know about compliance review techniques and data collection?

Situation #3 Answer

Answer:

Any front line workers, including volunteers, need to be trained when they first come on the job, then annually. They may not need in-depth information on compliance review

techniques and data collection, but they need to know that these are requirements.

Situation Question #4

Someone comes to the food pantry smelling of alcohol and speaks in a loud voice using language laced with profanities. You ask this person to leave the premises and the person accuse you of discrimination and

threatens to complain.

What should you do?

Situation #4 Answer

Answer:

Ideally you would have a policy that outlines unacceptable behavior and

penalties and you insure that it is enforced uniformly. You could give the person a copy

of the policy and also provide the information on how to file a complaint.

Questions?

ACKNOWLEDGEMENT PAGE

We do require that everyone who receives our TEFAP Agency Civil Rights Training complete this acknowledgement form.

I have received and understand all of the components of the TEFAP Agency Civil Rights Training and will carry out the tasks required of me to maintain compliance in serving all program

participants.

Name: __________________________________________________Agency Name: __________________________________________Date:__________ Signature: _______________________________

Please complete this form and return it to: Food Bank of Siouxland, Jake Wanderscheid 1313 11th Street Sioux City Iowa 51102 Fax to:

(712) 255-3116 Email: jacob@siouxlandfoodbank.org

Resources

ADA: www.ada.gov TEFAP information: http://

www.fns.usda.gov/tefap Complaint processing:

www.ascr.usda.gov/complaint_filing_cust.h

tml#processing Limited English Proficiency: www.lep.gov Civil Rights training:

www.fns.usda.gov/cr/Documents/113-1.pdf