February 2001 1

CIVIL RIGHTS

February 2001 2

PURPOSE:

•All local agencies must comply with USDA regulations on nondiscrimination and the following requirements:

February 2001 3

RACE; COLOR; NATIONAL ORIGIN

•Title VI and VII of the Civil Rights Act, 1964

February 2001 4

SEX (Gender)

•Title IX of the Education Amendments, 1972

February 2001 5

HANDICAP/DISABILITY

•Section 504 of the Rehabilitation Act, 1973

February 2001 6

AGE

•Age Discrimination Act, 1975

February 2001 7

DISABILITY

•Americans with Disabilities Act, 1990

February 2001 8

No person can be denied benefits based on

•Race•Color•National

Origin•Age•Sex•Disability

February 2001 9

Racial/Ethnic data is collected by each local agencyon the CD screen in the WIC Information System

Data is used to generate reports required by the Federal and State Governments

February 2001 10

Identification:

• Race refers to people of the same ancestry

• Ethnicity refers to the country of birth

February 2001 11

Identification:

• Self-identification is the preferred means of obtaining information about an individual’s race and ethnicity

• Staff will help determine race and ethnicity if necessary

February 2001 12

Identification:• You must CLEARLY

explain that the information is only for statistical use by USDA and WILL NOT be used for any other purpose

• It has NO effect on eligibility

February 2001 13

Identification:

• Ask the person their country of birth to identify ethnicity

• F2 code help is available in the WIC Information System to determine codes for race and ethnicity

February 2001 14

Race is reported as...

February 2001 15

Black (non-Hispanic)

• A person with origins in any of the Black racial groups in Africa, including Haitians

February 2001 16

Hispanic

• A person of Central or South American, Cuban, Mexican, Puerto Rican, or other Spanish culture or origin regardless of race

February 2001 17

Asian or Pacific Islander

• A person with origins in any of the original people of the Far East, Southeast Asia, India, or Pacific Islands, i.e. China, Japan, Korea, Philippines, Samoa

February 2001 18

American Indian or Alaskan Native

• A person who has origins in any of the original peoples of North America and who maintains tribal affiliation or community recognition

February 2001 19

White (non-Hispanic)

• A person with origins in any of the original peoples of Europe, the Middle East, or North Africa

February 2001 20

Records

• Records with racial/ethnic data include such things as client eligibility forms

• Records must be kept for 3 years after close-out of the federal fiscal year in which the client was terminated

• Safeguards must be maintained that prevent the use of this information for discriminatory purposes

February 2001 21

Records are reviewed by:

• Local Agency (WIC Coordinator)

• State WIC office

• Dept. of Health Office of Equal Opportunity and Minority Affairs

February 2001 22

Public Notification:

• Newspaper articles

• Radio/Television

• Pamphlets/Fliers

• Grassroots organizations

February 2001 23

Non-Discrimination•All materials must contain

the non-discrimination statement that no person will be denied program benefits on the grounds of race, color, national origin, age, sex, or disability

February 2001 24

Non-Discrimination Statement

“In accordance with 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 Civil Rights, Room 326-W, Whitten Building, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410 or call (202)720-5964 (voice and TDD). USDA is an equal opportunity provider and employer.”

February 2001 25

Non-Discrimination Statement

If the material is too small to permit the full statement to be included, at minimum include one of the following statements, in print no smaller than the text that…

“WIC is an equal opportunity provider” or “This institution is an equal opportunity provider”.

February 2001 26

Non-Discrimination Statement

• Found on back of WIC Client Certification Worksheet

• MUST be read to or read by each participant or authorized representative/co-caretaker at each certification

• Must be signed by participant or authorized rep/co-caretaker

February 2001 27

Non-Discrimination Poster•Non-discrimination poster MUST be displayed in a prominent place at all sites-including batch sites, for example, in the lobby or waiting area“AND

JUSTICE FOR ALL”

February 2001 28

• Exclusion of eligible persons based on race, color, national origin, age, sex, or disability

• Inequitable service or allocation of food based on the above

• Issuance of food instruments in a place, time, or manner that results in denying or limiting benefits to a specific group

Examples of Discrimination:

February 2001 29

Examples of Discrimination Continued:

• Segregation of persons in waiting rooms or by the way they are scheduled

• Failure to apply the same eligibility criteria to all potentially eligible persons

• Certification of potentially eligible persons based solely on race, color, national origin, age, sex, or disability

• Maintaining waiting lists based on the above criteria

February 2001 30

Right to File a Complaint

• Any person alleging discrimination on the basis of race, etc. can file a complaint within 180 days of the alleged discriminatory action

February 2001 31

ALL CIVIL RIGHTS COMPLAINTS WILL BE ACCEPTED:

•Written

•Oral

•Anonymous

February 2001 32

Information needed:

• Complainant’s– Name– Address– Telephone

number

• Location where discrimination occurred

• Nature of the incident

• Basis for the claim-race, age, disability, etc

• Names of witnesses

• Dates when action(s) occurred

February 2001 33

What to do

• Notify the WIC Coordinator immediately

• Provide forms for written complaints OR

• Take detailed notes of oral complaints

• Complaints must be reported immediately

February 2001 34

Program Eligibility Complaint

• Complaints concerning program eligibility are generally issues for fair hearings–discuss the matter with individual

–explain the eligibility criteria

February 2001 35

Sexual Harassment

• DOH has internal policies that address sexual harassment

• Information is available in the DOH Equal Opportunity Sexual Harassment Pamphlet

• Formal or informal complaints must be filed within 180 days of the alleged discriminatory action

February 2001 36

Sexual Harassment Continued:• Informal complaints can be filed

with your supervisor, CHD Director, EEO rep, Personnel Office or the Department of Health-Office of Equal Opportunity & Minority Affairs

• Formal complaints MUST be filed with the Office of Equal Opportunity & Minority Affairs

• Your current EEO rep is

February 2001 37

ADA-Americans with Disabilities Act:

Guarantees equal opportunity for individuals with disabilities in:

•employment•public services •public transportation •public accommodation, and •telecommunications.

February 2001 38

Individual with Disabilities

Person who has a physical or mental impairment which substantially limits one or more major life activities, has a history or record of such an impairment, or is perceived by others as having such an impairment.

February 2001 39

CIVIL RIGHTS