# Presentation: 922708

## CIVIL RIGHTS

- February 2001

**Notes:**
This training provides guidance on the basic nondiscrimination requirements for the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC),  a program of the United States Department of Agriculture (USDA).

## PURPOSE:

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

- February 2001

**Notes:**
The purpose of the training is to review regulations and policies to ensure nondiscrimination and equal opportunity in service delivery in accordance with State and Federal laws.  
In addition, each employee should understand what the civil rights policies mean in providing WIC services to our participants and how to effectively accomplish their job- related tasks within the framework of nondiscrimination. 

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## RACE; COLOR;  NATIONAL ORIGIN

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

- February 2001

**Notes:**
The Civil Rights Act of 1964 was a product of the growing demands of the early sixties, launched by the Federal government as a response against racial discrimination.

Title VI and VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin in Federally Assisted Programs. 

 No person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal Financial Assistance.

## SEX (Gender)

- Title IX of the Education Amendments, 1972

- February 2001

**Notes:**
Title IX of the Education Amendments of 1972 is designed to eliminate discrimination on the basis of sex in any education program or activity receiving Federal financial assistance, whether or not such a program or activity is offered or sponsored by an educational institution as defined by the legislation.  Title IX covers the WIC Program because of the required nutrition education component.

Because Section 17 of the Child Nutrition Act of 1966, as amended, defines the purpose of the WIC program as provision of benefits specifically to pregnant women, breastfeeding women, postpartum women, infants, and children of certain age limitations, the eligibility determination according to sex in itself is not a violation of the civil rights laws.

## HANDICAP/DISABILITY

- Section 504 of the Rehabilitation Act, 1973

- February 2001

**Notes:**
Section 504 of the Rehabilitation Act of 1973 prohibits discrimination on the basis of handicap in programs and activities receiving or benefiting from Federal financial assistance.

The WIC Program has a responsibility to provide services to handicapped clients that:
1)  are equal to those provided to non-handicapped clients
2)  are in the most integrated setting appropriate to each person’s needs
3)  don’t limit participation because of the handicap
4)  don’t deny them the opportunity to serve on a planning or advisory board because of a handicap
5)  allow full participation without physical barriers restricting access to the program.

## AGE

- Age Discrimination Act, 1975

- February 2001

**Notes:**
The Age Discrimination Act of 1975 ensures that no person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

Because Section 17 of the Child Nutrition Act of 1966, as amended, defines the purpose of the WIC program as provision of benefits specifically to pregnant women, breastfeeding women, postpartum women, infants, and children of certain age limitations, the eligibility determination according to age in itself is not a violation of the civil rights laws.

* Special Provisions - benefits to children and the elderly:
If a program provides special benefits to the elderly or to children, such use of age discriminations shall be presumed to be necessary to the normal operation of the program.

## DISABILITY

- Americans with Disabilities Act, 1990

- February 2001

**Notes:**
The Americans with Disabilities Act, (ADA) took effect on January 26, 1992, and prohibits discrimination on the basis of disability.  The WIC Program must comply primarily with Section 504 of the Rehabilitation Act in relation to handicap and disability.  

The The Americans with Disabilities Act enables an individual with a disability to enjoy equal opportunity in employment and services.

## No person can be denied benefits based on

- Race
- Color
- National Origin
- Age
- Sex
- Disability

- February 2001

**Notes:**
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## Racial/Ethnic data is collected by each local agencyon the CD screen in the WIC Information System

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

- February 2001

**Notes:**
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## Identification:

- Race refers to people of the same ancestry
- Ethnicity refers to the country of birth

- February 2001

**Notes:**
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## 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

**Notes:**
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## 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

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## 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

**Notes:**
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## Race is reported as...

- February 2001

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## Black (non-Hispanic)

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

- February 2001

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## Hispanic

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

- February 2001

**Notes:**
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## 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

**Notes:**
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## 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

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## White (non-Hispanic)

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

- February 2001

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## 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

**Notes:**
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## Records are reviewed by:

- Local Agency (WIC Coordinator)
- State WIC office
- Dept. of Health Office of Equal Opportunity and Minority Affairs

- February 2001

**Notes:**
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## Public Notification:

- Newspaper articles
- Radio/Television
- Pamphlets/Fliers
- Grassroots organizations

- February 2001

**Notes:**
At  least annually local agencies must publish information about the WIC Program in local newspapers.   Other media should also be used to the extent possible.

## 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

**Notes:**
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## 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.”

- Full
- State-
- ment:

- February 2001

**Notes:**
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## 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”.

- Min-
- imum
- State-
- ment:

- February 2001

**Notes:**
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## 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

**Notes:**
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“How WIC Works”  is available in English, Spanish, and Haitian Creole, in the VHS videotape and pamphlet formats.   The pamphlet format is also available in Vietnamese.    Each pamphlet includes a page on participant’s rights and responsibilities.   The  VHS videotape is comprehensive in reviewing the participants’ rights and responsibilities.

The rights and obligations statement on the WIC  Program Client Certification Worksheet  is in English.   However, local agencies have a camera-ready copy of the rights and obligations statement available in Spanish, Haitian Creole, and Vietnamese.

## 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

**Notes:**
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## 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

- 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

**Notes:**
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## 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

**Notes:**
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## 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

**Notes:**
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## ALL CIVIL RIGHTS COMPLAINTS WILL BE ACCEPTED:

- Written
- Oral
- Anonymous

- February 2001

**Notes:**
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## 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

**Notes:**
For written, verbal, or anonymous complaints, it is necessary that the information obtained be sufficient to determine the identity of the agency or individual toward whom the complaint is directed, and to indicate the possibility of a violation.   Only the federal representatives may reject a complaint on the basis of lack of merit.   Every effort will be made to have the complainant provide the following information about the alleged discriminatory action.   
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## 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

**Notes:**
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Verbal or Oral Complaints - In the event a complainant makes the allegations verbally or through a telephone conversation and refuses or is not inclined to place such allegations in writing, the person to whom the allegations are made will write up the elements of the complaint for the complainant.   Verbal complaints will be accepted and forwarded immediately upon receipt.

Written Complaints - Written complaints will be accepted and forwarded immediately upon receipt.

All civil rights complaints received by the local agency staff must be reported to the appropriate state WIC office staff by telephone immediately with written follow-up to the state WIC office within 5 days.  The state WIC office will follow up with USDA within 5 days following receipt of the written local agency report to ensure their receipt of the complaint.

## Program Eligibility Complaint 

- Complaints concerning program eligibility are generally issues for fair hearings
- discuss the matter with individual
- explain the eligibility criteria

- February 2001

**Notes:**
Complaints concerning program eligibility are generally issues for fair hearings.   If a complaint regarding program eligibility is made, local agency staff (WIC Coordinator or her/his designee) will, if appropriate, discuss the matter with the individual and explain the eligibility criteria, especially income eligibility and nutritional risk factors.  If an applicant is not at nutritional risk, this can be presented in a positive light as an indication of good health.

## 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

**Notes:**
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## 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

**Notes:**
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## ADA-Americans with Disabilities Act:

-   Guarantees equal opportunity for individuals with disabilities in:
- employment
- public services
- public transportation
- public accommodation, and
- telecommunications.

- February 2001

**Notes:**
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## 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

**Notes:**
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A person with disabilities may need reasonable accommodation.   Reasonable accommodation is a response to a client’s capabilities.  

The WIC Program may redesign equipment, reassign classes or services to accessible buildings, provide interpreters for hearing impaired clients, or Braille or taped material for blind clients.  The WIC clinic may alter a facility (provided funds are available) to provide wheelchair access, give service in another location, or provide access in some other way that meets client’s needs.

## CIVIL RIGHTS

- February 2001

**Notes:**
This concludes the presentation.