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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