Child And Adult Care Food Program C ivil Rights Requirements

1. Child And Adult Care Food Program Civil Rights Requirements Civil Rights Compliance and Enforcement - Nutrition Programs and Activities - FNS Instruction 113-1 Revised 11/8/2005

2. USDA’s Civil Rights Goals • Equality • Empowerment • Access • Dignity X Discrimination

3. CACFPCivil Rights Requirements Trivia Time • Topic:Civil Rights • Where can you find all of the civil rights requirements for USDA nutrition programs? • The CACFP regulations (7 CFR § 226) • FNS Instruction 796-2, rev. 3 • FNS Instruction 113-1 • DCMR Title 4 • FNS Instruction 113-1: Civil Rights Compliance and Enforcement – Nutrition Programs and Activities

4. CACFP Civil Rights Requirements Trivia Time • Topic: USDA Protected Classes • Which of the following is true regarding religious and faith-based organizations? • They cannot use USDA funding for evangelization or proselytization • They cannot display religious symbols in program space • They are protected from discrimination as a USDA protected class • They may limit program participation to members of their faith • All of the above

5. CACFP Civil Rights Requirements Trivia Time • Topic: USDA Protected Classes • How many protected classes has USDA established for the Child and Adult Care Food Program? • 4 • 5 • 6 • 8 • Six protected classes: • race, color, national origin, sex, age & disability

6. CACFP Civil Rights Requirements Trivia Time • Topic: Civil Rights Laws • Which of the following laws does not provide the basis for the USDA protected classes? • The Civil Rights Act of 1964 • The Gender Equality Act of 1968 • The Education Amendments of 1972 • The Rehabilitation Act of 1973 • The Americans with Disabilities Act of 1990

7. CACFP Civil Rights Requirements Trivia Time • Topic: Civil Rights Laws • Which of the following laws does not provide the basis for the USDA protected classes? • The Civil Rights Act of 1964 – Race, color, national origin, sex • The Gender Equality Act of 1968 – Not a real law • The Education Amendments of 1972 – Sex • The Rehabilitation Act of 1973 – Disability • The Americans with Disabilities Act of 1990 – Disability • Also: Age Discrimination Act of 1975 (age)

8. CACFP Civil Rights Requirements Trivia Time • Topic: DC Protected Classes • How many protected classes has the District of Columbia established? • 9 • 11 • 12 • 14

9. DC Protected Classes • Marital status • Personal appearance • Sexual orientation • Gender identity or expression • Family responsibilities • Familial status • Source of income • Place of residence or business • Genetic information • Matriculation • Political affiliation

10. CACFP Civil Rights Requirements Trivia Time • Topic: Types of Discrimination • Which of the following is NOT a type of discrimination? • Not accommodating someone in a protected class • Treating people in a protected class differently from others • Excluding participants outside of your program’s scope • Retaliating against someone for filing a civil rights complaint

11. CACFP Civil Rights Requirements Trivia Time • Topic: Types of Discrimination • Which of the following is NOT a type of discrimination? • Not accommodating someone in a protected class • Treating people in a protected class differently from others • Excluding participants outside of your program’s scope • Retaliating against someone for filing a civil rights complaint • Topic: Types of Discrimination • Which of the following is NOT a type of discrimination? • Unintentional discrimination – disparate impact • Intentional discrimination – disparate treatment • Not discrimination • Intentional discrimination – retaliation / reprisal

12. CACFP Civil Rights Requirements Trivia Time • Topic: Assurances • What are organizations required to assure in order to receive USDA funds? • That they will not discriminate against protected classes • That they will follow all applicable laws, regulations, policies, guidance, and instructions • That they will maintain civil rights data and documentation • That they will allow civil rights compliance reviews • All of the above

13. CACFP Civil Rights Requirements Trivia Time • Topic: Annual Training • Norma’s House of Love CDC held Civil Rights training for frontline staff on August 3rd. • On October 5th, a new teacher named Tina begins working at the center. • When should Tina receive her first training on Civil Rights? • Within three months • Next year at the center’s annual civil rights training • When the State Agency has time to train her • During her new staff member orientation • All frontline staff must receive civil rights training initially and annually thereafter.

14. CACFP Civil Rights Requirements Trivia Time • Topic: Data Collection • Which is true about annual civil rights data collection? • USDA uses the data to direct the integration of programs • The State Agency requires institutions to report March data • Institutions report data on actual participants and the eligible population • Institutions must require participants to identify their race and ethnicity for the annual report

16. CACFP Civil Rights Requirements Trivia Time • Topic: Reasonable Accommodations • When are meal substitutions required? • When a licensed physician indicates that the participant has a disability and the accommodation does not present undue financial burden • When a recognized medical authority states that the participant has a special dietary need • When a recognized medical authority indicates that the participant has a disability, regardless of cost • When the parent requests a substitution

17. CACFP Civil Rights Requirements Trivia Time • Topic: Reasonable Accommodations • What should you do if you cannot accommodate a participant with a disability? • Hire additional staff who know how to care for the participant • Terminate the participant immediately • Work with the family and State Agency to identify a provider equipped to care for the participant • Request additional funding from the State Agency to accommodate the participant.

18. CACFP Civil Rights Requirements Trivia Time • Topic: Public Notification • Public notification has three elements. • Which of the following is not one of the three? • Description of program availability • Information on filing a complaint of discrimination • A statement of non-discrimination • Data reporting

19. CACFP Civil Rights Requirements Trivia Time • Topic: Public Notification • Which of the following is the appropriate abbreviated non-discrimination statement? • “This institution is an equal opportunity provider.” • “This institution does not discriminate.” • “This institution provides meals to all regardless of race, color, national origin, sex, age, or disability.” • “USDA is an equal opportunity provider.”

20. CACFP Civil Rights Requirements Trivia Time • Topic: Language Assistance • What factors should you consider when determining the necessary level of language assistance to offer? • The number and proportion of LEP persons served or encountered in eligible populations • The frequency of LEP persons’ contact with your program • The nature and importance of your program or service • Your available resources and the costs of providing assistance • All of the above

21. CACFP Civil Rights Requirements Trivia Time • Topic: Conflict Resolution • How can you help to resolve conflicts? • Fire staff members who create conflict • Stay out of the issue and let others resolve the problem on their own • Have a written policy for dealing with problem behaviors • Keep a good lawyer on speed dial.

22. CACFP Civil Rights Requirements Trivia Time • Topic:Customer Service • Which of the following is not good customer service? • Treating others the way you want to be treated • Making sure you get the last word • Being patient and polite • Explaining the policies and the consequences of noncompliance

23. CACFP Civil Rights Requirements Trivia Time • Topic: Complaint Procedures • Which statement is correct? • Complaints must specifically relate to a protected class • Complaints of discrimination can be verbal or written • Institutions and State Agencies are required to have complaint forms available • Institutions and State Agencies should immediately notify USDA of potential civil rights issues • Individuals have 90 days to file a complaint from the date of the incident

24. CACFP Civil Rights Requirements Trivia Time • Topic: Compliance Reviews • Who conducts compliance reviews? • USDA Office of the Assistant Secretary for Civil Rights • USDA Regional Offices • State Agencies • Participating Institutions • All of the above • USDA OASCR  Regional Offices  State Agencies • Participating Institutions  Sites

25. CACFP Civil Rights Requirements Trivia Time • Topic: Compliance Reviews • Which of the following is not a type of compliance review? • Pre-Award • Post-Award • Investigative • Special

26. CACFP Civil Rights Requirements Trivia Time • Topic: Resolution of noncompliance • Which of the following actions is the first step in resolving noncompliance? • Getting an assurance from the institution that they will comply with civil rights requirements in the future • Request a corrective action plan to achieve voluntary compliance • Terminating the institution from the CACFP • Initiating legal action against the institution

27. Tie Breaker Trivia Time • How many racial categories has USDA established, and what are they?

28. Tie Breaker: Answer USDA has established six (6) protected classes: • Race • Color • National Origin • Sex • Age • Disability