Program Authorities

Civil Rights Policy

In accordance with federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex (including gender identity and sexual orientation), disability, age, or reprisal or retaliation for prior civil rights activity.

Program information may be made available in languages other than English. Persons with disabilities who require alternative means of communication to obtain program information (e.g., Braille, large print, audiotape, American Sign Language), should contact the responsible state or local agency that administers the program or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339.

To file a program discrimination complaint, a Complainant should complete a Form AD-3027, USDA Program Discrimination Complaint Form which can be obtained online at: https://www.usda.gov/sites/default/files/documents/ad-3027.pdf, from any USDA office, by calling (866) 632-9992, or by writing a letter addressed to USDA. The letter must contain the complainant’s name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The completed AD-3027 form or letter must be submitted to USDA by:

1. 1. Mail:
   U.S. Department of Agriculture
   Office of the Assistant Secretary for Civil Rights
   1400 Independence Avenue, SW
   Washington, D.C. 20250-9410; or
   
2. 2. Fax:
   (833) 256-1665 or (202) 690-7442; or
3. 3. Email:
   [email protected]

This institution is an equal opportunity provider.

Participants shall not be...

• Discriminated against
  - The act of distinguishing one person or group of persons from another, either intentionally, by neglect, or by the effect of actions or lack of actions based on their protected classes
• Denied benefits or services provided by USDA programs
• Provided services in different manner than others
• Segregated or given separate treatment in any matter related to receipt of services
• Restricted from any advantages or privileges within USDA programs
• Treated differently than others on program
• Asked to verify citizenship or immigration status

Religious Institutions

• The fact that institutions are faith-based or community-based shall not be taken into consideration when determining if the location has the interest and structure to support the actions of a distribution site
• Faith-based organizations do not need to strip symbols of their faith in areas where USDA foods are being stored and or disseminated
• Sites shall not separate USDA from their other food assistance program
• Participants cannot be asked to give or do anything in order to collect their box from the faith-based organization
  • - Attend church
  • - Pray
  • - Profess faith
  • - Participate in religious worship
  • - Give confession

Public Notifications

The public is given multiple opportunities to be aware of their civil rights. Some of the public notifications for USDA programs are:

• Program availability: Anyone interested in the program must be made aware of the program and eligibility requirements. Anyone interested must be given the opportunity to apply to participate.
• Rights & Responsibilities: Given to participants at application. It is the responsibility of the applicant to adhere to their Rights & Responsibilities. It is our responsibility to make participants aware of the Rights & Responsibilities in a language they understand.
• Submitting a complaint: Gives instructions on how to submit a complaint. The information is printed on the application in the nondiscrimination statement as well as in the Rights & Responsibilities.
• Non-Discrimination Statement: Variation of this statement will be on all printed or public program materials. If you are creating program materials please contact Utah Food Bank for further instructions on placement.
  - Non-Discrimination Statement (Long):

  In accordance with Federal law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discrimination on the basis of race, color, national origin, sex (including gender identity and sexual orientation), age, disability and reprisal or retaliation for prior civil rights activity. To file a complaint of discrimination, write UDSA, Director, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410, or call (866) 632-9992 (voice) or (800) 877-8339 (TTY). USDA is an equal opportunity provider and employer.

  For material too small to permit the full statement you must at the very least add this to all publications in the same font and text as the body of the document:

  - Non-Discrimination Statement (Short):
  

  This institution is an equal opportunity provider.

• “And Justice for All” poster: This is the nondiscrimination statement from USDA that shall be posted in a visible area at all sites, it is the responsibility of the participant to read.

Americans with Disabilities Act (ADA)

• Protected class: disability
• The Americans with Disabilities Act (ADA) requires reasonable accommodations to be provided to persons with disabilities to give them access to Program benefits
• What does this mean for you?
  ⁃ Accessibility
  ⁃ Providing services in alternate locations
  ⁃ Provide parking spaces
  ⁃ Sign language interpreters

Limited English Proficiency (LEP)

• Protected class: national origin
• Definition: Individuals who do not speak English as their primary language and have a limited ability to read, speak, write or understand English including various accents
• All agencies must provide “meaningful” access to USDA programs in regards to LEP based on:
  ⁃ The number or proportion of LEP persons
  ⁃ Providing services in alternate locations
  ⁃ The frequency of LEP interactions
• Can participants provide their own interpreter?
  - Yes; however, they are not required to do so and cannot be required to do so

Data Tracking

• All states track who is participating in which programs for national demographic information

  Commodities Supplemental Food Program (CSFP)

  Child Adult Care Food Program (CACFP)

  Summer Food Service Program (SFSP)

• Data for CSFP is requested during the application process. If the participant chooses not to self-identify it is your obligation to guess based on visual cues.
• Data for CACFP and SFSP sponsors cannot use visual observation and identification to collect race or ethnicity data. Preferred method remains self-identification and self-reporting.
• CSFP, CACFP and SFSP ethnic and racial data is retained by UFB for 4 years. The required categories are:
  
  • Ethnicity
    ⁃ Hispanic or Latino
    ⁃ Not Hispanic or Latino
    
  • Race
    ⁃ American Indian or Alaskan Native
    ⁃ Asian
    ⁃ Black or African American
    ⁃ Native Hawaiian or other Pacific Islander
    ⁃ White

The Emergency Food Assistance Program (TEFAP)

• Racial and ethnic data is not collected for TEFAP. Household size and income eligibility are collected on TEFAP signature sheets by self-declaration only.
• TEFAP signature sheets are retained by the agency for 4 years.

Assurances

• Sites agree to operate in compliance with all nondiscrimination laws, regulations, instructions, policies and guidelines
• All options are outlined in the Agency/Site Agreement with UFB

Forms of Complaints

• If you receive a verbal complaint document as much information as possible and all their contact information
  ⁃ Who, what, where, when, why, how...
• Complaints may be received in many written forms
  ⁃ Verbal
  ⁃ Phone
  ⁃ Letter
  ⁃ Email
  ⁃ Fax
  ⁃ Anonymously

FNS 113 Complaint Processing Procedures & Timeline

Customer Service

• Treat all participants with dignity and respect
• Recognize that participants have varied needs and (sometimes) few resources
• Don’t talk or joke about people, regardless of whether they can hear or understand you

Conflict Resolution

• Respond to questions in a nonthreatening manner and voice tone
• Develop good listening skills and make eye contact
• Don’t take anything personally, avoid arguing
• Most people just want to be heard
  ⁃ Listen
  ⁃ Reiterate the facts, do not use blame
  ⁃ De-escalate the conflict
  ⁃ Document everything