1. Civil Rights Training For TEFAP and CSFP Programs
Updated September 2013

2. CIVIL RIGHTS and FOOD DISTRIBUTION
Civil Rights are the non-political rights of a citizen and are guaranteed by the 13th and 14th Amendments of the U.S. Constitution and Acts of Congress.
Organizations that accept Federal financial assistance must obey Federal civil rights laws, regulations, instructions, and guidance. USDA foods are considered Federal financial assistance per Civil Rights Instruction
Organizations that receive USDA foods must demonstrate civil rights compliance. This includes an annual training requirement.

3. GOALS OF CIVIL RIGHTS TRAINING
Equal treatment for all applicants and beneficiaries.
Provide knowledge of rights and responsibilities
Elimination of illegal barriers that prevent or deter people from receiving benefits
Promote dignity and respect for everyone.
All front-line workers, including volunteers and supervisors, must receive annual training. Methods include formal presentation, staff meeting, online, or one-on-one review of material.

4. ANNUAL TRAINING
Knowledge of civil rights applies to most areas of food distribution programs.
All food distribution staff and volunteers need to be aware of civil rights requirements.
Training must be documented annually.
We are in this business primarily to help others. We don’t want to inadvertently violate any of the requirements or a participant’s legal rights.

5. CIVIL RIGHTS LAWS and Protected Classes
Title VI – Civil Rights Act of Race/Language
Civil Rights Restoration Act of Color
National Origin
Title IX of the Education Amendments of Gender
Section 504 of the Rehabilitation Act of 1973 Disability
Americans with Disabilities Act
Age Discrimination Act of Age
Title VII CFR 16.3
Responsibilities of Participating Organizations Religion
Programs statutes and regulations All Classes
These are just a few of the laws that have been passed and the specific rights being protected. Complying with civil rights regulations is serious business.

6. TYPES OF DISCRIMINATION
Disparate treatment - A person is intentionally discriminated against as a member of a protected class.
Disparate impact – Actions that appears neutral but has an excessive impact on a protected class group.
Reprisal/Retaliation – Negative treatment of a member of a protected class in response to previous civil rights activity. This includes actions against their family and/or their associates.
There are three types of discrimination that this training will help us identify and provide steps to avoid. An example of disparate impact might be changing a distribution site location for a logical reason, but the new site location is difficult for a certain protected group to access.

7. EXAMPLES OF TYPES OF DISCRIMINATION
Disparate treatment (Intentional):Members of other religious groups are denied service because their beliefs do not match the religious teachings of the organization that is distributing food.
Disparate impact (Unintentional): A distribution site makes local immigrants wait until the end of the day for food because interpreters are not available until late afternoon. This creates a situation where food may be unavailable to a specific group.
Reprisal/Retaliation: Family and friends of a participant are denied food after the participant filed a complaint against the agency over civil rights concerns.

8. ELIGIBILITY REQUIREMENTS Are Not a Form of Discrimination
Congress can establish a program that is intended for certain groups of people, and it is not discrimination to exclude those who do not meet eligibility requirements. For example, Congress can set age limits, and this is not age discrimination or disability discrimination for those who do not meet the age limits.

9. Sexual Harassment Sexual harassment is prohibited.
Do not engage in or tolerate unwanted or unwelcome sexual behaviors, such as jokes, touching, requests for sexual favors, etc.
Report violations to management, state, or federal officials.

10. COMPONENTS OF CIVIL RIGHTS TRAINING
Collection & use of data
Effective Public Notification Systems
Complaint Procedures
Compliance Reviews
Resolution of Non-compliance
Reasonable Accommodation of people with disabilities
Language Assistance
Conflict Resolution
Customer Service
FNS-113 designates these nine main components that need to be addressed in training. While all are important, emphasis during training should be placed on those components most relative to the staff or volunteers’ role in the food program.

11. COLLECTION AND USE OF DATA
All data collected must be kept secure and confidential.
CSFP regulations require annual reporting of participants’ racial and ethnic data. (FNS-191 Report)
Participants may self-declare racial/ethnic data.
If a participant refuses to provide data they are to be advised that the information will be collected based on observation.
Outreach efforts can be targeted to groups not adequately represented in program participation.
Maintain all records for three years.
It is important that all client information collected by staff or volunteers be kept secure and confidential.
USDA requires annual reporting of the race and ethnicity of the CSFP clients. This information should be used by agencies to identify underserved populations in their program service area. Similar information could be used by an agency to evaluate TEFAP participation, though collection of the data is not required at this time.

12. PUBLIC NOTIFICATION
Public notification (also called “Outreach”) is a part of Civil Rights compliance.
Discrimination based on race, color, national origin, age, sex, and disability is prohibited.
Special efforts should be made to reach underserved groups who may qualify for services using appropriate media.
Information should be provided in different formats and languages to meet all levels of ability.
All materials, including websites, must contain the USDA non-discrimination statement.
Convey the message of equal opportunity through photos and graphics in program-related information.

13. NONDISCRIMINATION STATEMENT
The “USDA Non-Discrimination Statement” must be included on all materials that mention USDA programs.
There is both a “long’ and “short’ version.
Font size for the long version can be smaller than the rest of the publication, but must be readable.

14. NONDISCRIMINATION STATEMENT LONG VERSION
“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 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 or at any USDA office, or call (866) 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 , by fax (202) or at
Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) ; or (800) (Spanish).
USDA is an equal opportunity provider and employer.”
State or federal agency staff will generally inform an agency that they are scheduling a review. Questions about agencies’ civil rights practices are a standard part of the state and federal review forms.

15. NONDISCRIMINATION STATEMENT SHORT VERSION
“USDA is an equal opportunity provider and employer.”
May be used where the longer statement does not fit.
Must be in font size no smaller than font size used in rest of publication.
May not be used in place of long statement on clients’ rights documents .

16. “…And Justice for All” Poster
Prominently display “And Justice For All” poster where participants can see it.
This poster serves as a trademark indicating the site provides a USDA program without discrimination based on race, color, national origin, age, sex, or disability.
Agencies can download and print from the FNS CR website
Preferable to print in 11”x 17” format
Tamara Earley is the current civil rights director for the USDA Midwest Regional Office(MWRO)

17. COMPLAINTS Everyone has the right to file a discrimination complaint.
All staff and volunteers need to know what to do if someone wants to file a complaint.
Be aware of the bases for which complaints may be filed: race, color, national origin, age, sex, and disability.
Never discourage anyone from filing a complaint or voicing concerns of discrimination.
Agencies should have simple guidelines available for site managers and staff or volunteers that do client intake on how to handle participant complaints.

18. In Michigan, complaints may also be sent to:
COMPLAINTS Part 2
In Michigan, complaints may also be sent to:
Regional Director, Civil Rights/EEO,
USDA, Food and Nutrition Service,
Midwest Region,
77 W. Jackson Blvd., FL 20
Chicago, IL
or call
Tamara Earley is the current civil rights director for the USDA Midwest Regional Office(MWRO)

19. COMPLIANCE REVIEWS
The State and Federal governments are required to conduct reviews to determine compliance with civil rights laws, regulations and requirements.
Cooperation with State and Federal reviewers is required as a condition of receiving Federal financial assistance.
There are pre-award, post-award and special compliance reviews.
State or federal agency staff will generally inform an agency that they are scheduling a review. Questions about agencies’ civil rights practices are a standard part of the state and federal review forms.

20. RESOLUTION OF NONCOMPLIANCE
Corrective Actions may be assigned as a result of the review process.
Agencies are required to cease inappropriate actions and institute appropriate procedures.
Failure to comply can result in the loss of Federal assistance from all Federal sources.
Agencies that are distributing USDA foods generally have as part of their mission the desire to help people. If an inappropriate practice is identified, corrections should be implemented ASAP. Sanctions taken against an agency for violations in one federal program could jeopardize their ability to participate and receive funding from any federal program.

21. REASONABLE ACCOMMODATION OF PEOPLE WITH DISABILITIES
Handicap Accessible Facilities: This should include the parking lot, entrances, exits, hallways, elevators, restrooms, and Braille signage.
Assistance available for people with disabilities
Alternative arrangements available for service
Sign language interpreters
Allowing service animals at facility (required)
Accessibility is especially important to take into consideration when establishing distribution sites. The entrances and exits should be barrier free. Parking lots should be relatively smooth and obstacle free. Alternate arrangements could be allowing the use of a proxy to pick up food or recruiting volunteers to provide home delivery to the disabled.

22. LANGUAGE ASSISTANCE Language-Based Outreach is important.
Limited English Proficiency (LEP): Lack of sufficient English skills creates a need to be served in another language to gain meaningful access to services.
Potential “National Origin” discrimination
Service must be provided, but there is some flexibility on methods used.
Volunteers may be used as interpreters and must maintain participant confidentiality. Children should not be used as interpreters.
Visit for more information.

23. FACTORS FOR PROVIDING LANGUAGE ASSISTANCE
Level of service provided is based on the following factors. Shortage of resources does not eliminate requirement except for cases of extreme hardship
Number of LEP persons served
Proportion of persons served or in eligible local population
Frequency of LEP persons’ contact with program
Nature of program, activity, or service
Importance of program, activity, or service
Available resources and cost of services
The Department of Health and Human Services has specific guidelines for the number of staff available to assist persons of LEP relative to their proportion of the population.

24. CONFLICT RESOLUTION “Treat others the way they want to be treated
(or at least be aware of what that is).”
Have a written and posted policy for dealing with unacceptable behavior and conflicts.
Try to remain calm.
Listen to concern if possible. Be empathetic.
Try to explain situation (rules, expectations).
Get help, especially if threats or if violence is possible.
Use alternative dispute resolution (ADR) techniques.
A written and posted policy should provide clear guidelines for agency staff and volunteers on the appropriate action to be taken when unacceptable behavior is exhibited by a participant, as well as demonstrate that the agency’s action is not singling out one particular participant.

25. CUSTOMER SERVICE
Treat everyone with dignity and respect and make people feel welcomed. Be patient and polite.
Make sure that the USDA foods participants receive equal treatment and service.
“Equal” does not mean “Identical”. For example, one participant receives corn, another receives green beans.
Do not do special favors for anyone that you are not prepared to provide for everyone.
Disabilities and Language needs are not considered “special favors” since they are required.
This should be easy…we are in this line of work to help people! However, food can bring out the power monger in some people, that feel they need to “protect” the food from going to the ‘undeserving’. so it is good to be reminded.

26. CUSTOMER SERVICE PART 2 Smile when appropriate
Explain policy and rules that must be followed.
Don’t be afraid to apologize.
Do not treat people differently based on race, color, national origin, age, sex, or disability.
Do not impose policies that unfairly impact certain groups.
Do not retaliate against anyone who files a complaint (or their family, friends or employees who cooperate with a civil right investigation).

27. EQUAL OPPORTUNITY FOR RELIGIOUS ORGANIZATIONS
USDA Regulations (7 CFR 16) require equal opportunity for Faith Based Organizations (FBO’s) and Community Based Organizations (CBO’s).
Discrimination prohibited on the basis of religion, religious belief or character.
FBOs can use facilities for USDA food distribution without removing religious art or symbols.
Religious organizations may not use USDA funds or supplies to support worship, religious instruction or proselytization (preaching).
Religious schools can consider religion in admission practices and required curriculum.

28. Thank you for completing your Civil Rights training.
FINAL STEPS
Please complete the materials provided.
Be sure to sign the form to show that you received Civil Rights information as required.
Turn in all materials to the agency representative in charge of your training.
Talk to the Program Manager if you have questions about the information included in this presentation
Thank you for completing your Civil Rights training.
The CSFP and TEFAP can’t be successful without the help of our volunteers.