USDA Civil Rights and
Child Nutrition Programs
Amy Wentz Berner
Civil Rights Coordinator
Understanding Civil
Rights in
Ten Easy Steps!
#1- What is Civil Rights?
• Civil Rights Regulations are intended to ensure
that benefits of Child Nutrition Programs are
made available to all eligible people in a nondiscriminatory manner.
• All sponsors receiving federal dollars must
implement Civil Rights requirements to be
eligible for the program.
#2- What is Discrimination?
• Discrimination is defined as different
treatment which makes a distinction of one
person or a group of persons from others;
either intentionally, by neglect or by the
actions or lack of actions based on the
protected classes.
Protected Classes
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Race
Color
National Origin
Age
Sex
Disability
#3- How Do You Recognize a Civil
Rights Complaint?
• A Complaint of unequal treatment can be:
– Verbal
– In Writing
– Observed
Civil Rights Complaint
• A potential Civil Rights Complaint may start
with a phone call, email, fax or any form of
communication where someone feels they, or
someone they know, has received unequal
treatment in any area of the operation of a
Child Nutrition Program.
– Program Administration
– Food Service
– Employment
THE FOUR D’s
• Discrimination is when an individual or a group of
individuals are:
– Delayed receiving benefits or services that others
receive
– Denied benefits or services that others receive
– Treated Differently than others to their disadvantage
– Given Disparate treatment- something that does not
seem discriminatory, but has a discriminatory impact
in practice (evidence that other, similarly-situated
individuals not in the protected class received
systematically better treatment)
#4- What do you do if you receive a
Civil Rights Complaint?
• Develop a Procedure Plan
– Sponsors are required to develop and implement a
procedure to handle any discrimination complaint
that may be received (it is suggested the procedure be
written).
• How Long Do They Have to File?
– Within 180 days of the alleged discriminatory action
• Where Do They Send the Complaint?
– Directly to USDA, or the Sponsor. The Sponsor must
forward all discrimination complaints to the OCN
within three working days.
Complaint Procedure
• A complaint can be
investigated locally, resolved
locally, and the OCN notified of
the resolution.
How to Handle A Complaint
• Use the Complaint Form
• Enter the Complaint in the Log
• Refer the Complaint to the Civil
Rights official in the school
district or facility
• Report the complaint to the OCN
Civil Rights Complaint Log
• All discrimination complaints
must be documented in the
Civil Rights Complaint Log
• Log must be dated and kept for three
years plus the current year, even if
no complaints have been received
Civil Rights Complaint Form
• Complaint Form must be readily available
at all sites
• Sponsor must make every attempt to
help complainant complete the
Complaint Form
• If complainant returns the Form to
sponsor, it must be forwarded to the
OCN within three working days
#5- And Justice For All Poster?
• “And Justice For All” poster
must be placed in a
prominent area where
participants and potential
participants have ready
access.
• Even though the nondiscrimination statement
was updated in October
2013, the posters HAVE
NOT been updated. Please
continue using the posters
you have on hand.
#6- When do I use the
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
http://www.ascr.usda.gov/complaint_filing_cust.html, or at any USDA office, or call (866) 6329992 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.
20250-9410, by fax (202) 690-7442 or email at program.intake@usda.gov. Individuals who are
deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay
Service at (800) 877-8339; or (800) 845-6136 (Spanish). USDA is an equal opportunity provider
and employer.
Where is the Non-Discrimination
Statement Needed?
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Enrollment Forms
Menus
Employee Handbooks
Newsletters
Brochures
Parent/Student Handbooks
Print or broadcast advertisements
Flyers
Websites
THAT MENTION CHILD NUTRITION PROGRAMS!
Non-discrimination StatementShort Version
• Sponsors can use the short version on
documents mentioning USDA or the Child
Nutrition Program if the document is onepage (front and back) or less in length.
• “This institution is an equal opportunity
employer and provider.”
#7- Who needs to have
Civil Rights Information?
• Civil Rights information
needs to be available at
every site!
#8- What does the OCN look
for at a Review?
• Common Review Findings
– Staff do not recognize a civil rights complaints
when asked and/or are not able to verbalize the
civil rights complaint procedure to reviewer
– “And Justice For All” poster is not visible where
parents and the general public can see and read it
– Non-discrimination statement is missing from
public documents that mention or imply USDA
and Child Nutrition Programs
#9- Are there any Resources
for us to use?
• USDA Child Nutrition Civil Rights Webpage
– http://www.fns.usda.gov/civil-rights
• Coming Soon- OCN Child Nutrition Website
Civil Rights Link
• OCN Civil Rights Coordinator
– Amy Wentz Berner, 304-558-3396
• aberner@k12.wv.us
#10- What is a Summary of what a
Sponsor must do for Civil Rights?
• Offer any Child Nutrition Program in a
Non-Discriminatory Manner
• Train staff annually on Civil Rights and complete the
training form
• Have a procedure for receiving and processing
complaints
• Prominently display the “And Justice For All” poster
• Place non-discrimination statement on all printed
materials available to the public which mention USDA
and/or Child Nutrition Program meals and snacks
• Offer meals to all students in the school
Questions?
Amy Wentz Berner
aberner@k12.wv.us
304-558-3396