Civil Rights Training

What is discrimination?

Discrimination is the unfair or prejudicial treatment of people and groups based on characteristics such as race, gender, age or sexual orientation.

Protected Classes in TEFAP

• Race
• Age
• Color
• National Origin
• Sex (including gender identity and sexual orientation) 
• Disability

MANNA FoodBank's nondiscrimination statement applies to all partner agencies, which expands the group of protected classes to include: race, color, sex, gender, age, citizenship, national origin, ancestry, disability, religion, political beliefs, marital status, familial status, housing status, sexual orientation, gender identity or expression, unfavorable discharge from the military or status as a protected veteran, or if all or part of an
individual's income is derived from any public assistance program.

There are 9 required components in this training:

1. Collection and use of data
2. Effective public notification systems
3. Complaint procedures
4. Compliance review techniques
5. Resolution of non-compliance
6. Requirements for reasonable accommodation of persons with disabilities
7. Requirements for language assistance
8. Conflict resolution
9. Customer service

Components of civil rights training are set in FNS Instruction 113-1. The purpose of FNS 113-1 is to establish and convey civil rights policy and provide guidance and direction to food pantries. It also ensures compliance with and enforcment of the prohibition against discrimination in all FNS programs and activities.

MANNA has also added two components that come up frequently and can help you and your pantry run smoother.

1. Equal opportunity for religious organizations
2. Agency policies

Each state's TEFAP neighbor intake process is different. In North Carolina, we have to follow the guidelines set by the North Carolina Department of Agriculture (NCDA). If you previously worked with TEFAP in a different state, things may look different in NC!

1. All information is self declared! Income, address, participation in SNAP, etc. We can never ask a neighbor for proof of income or proof of residency to receive TEFAP or CSFP. We know that some people may lie, but we also know this is exceptionally rare. Neighbors coming to your food pantry are in need and it is our responsibility not to judge them.

3. Intake paperwork is confidential! Do not take paperwork home with you or leave in unlocked or publicly accessible areas.

4. Data collected on TEFAP forms cannot be used for other programs.  You can't take the names and addresses of all TEFAP recipients and mail them holiday cards, for example.

5. Fill out each form completley, and don't add any extra information. Because intake forms are created by NCDA, we cannot add other information - like phone numbers of the ages of people in the household - to TEFAP intake forms. If you need this information for other programs, be sure to record it elsewhere.

Who qualifies for TEFAP, anyway?

Each program has intake paperwork (though TEFAP may be digital with approval from MANNA FoodBank and NCDA) to complete before a neighbor can receive food.

1. Program Avaliability. How do I, a neighbor in need, know where and when I can get TEFAP food? One source is MANNA's public food finder map and list, but it is the pantry's job to let neighbors know when they can receive food, too. This could be a sign along the road with your hours on it, a radio or TV ad, social media presencelike Facebook or Instagram, or your own website. It can't rely on just word of mouth.

If your program requires ID or has other eligibility standards beyond what TEFAP does, make note of this in your advertising and online presence. For example, "TEFAP offered to anyone in NC" if your pantry only gives regular product to neighbors in your county.

2. Complaint Information. If a neighbor feels they were discriminated against, you are required to:

   a. Inform them of their right to file a complaint: if they feel they were discriminated against based on one of the protected classes, they have a right to file a USDA complaint within 180 days of the alleged discrimination.

   b. How to file a complaint: complaints can be filed using the USDA Program Discrimination Complaint Form AD-3027, and submitted via mail (USDA, Office of the Assistant Secretary for Civil Rights, 1400 Independence Ave SW, Washington DC, 20250), email (program.intake@usda.gov), or fax (833.256.1665 or 202.690.7442). Neighbors can also contact MANNA FoodBank at (828)-299-3663 x1289 or jmcintosh@mannafoodbank.org for assistance in filing a USDA complaint.

   c. Tell them what happens once it is filed: The procedure is complicated, but USDA will resolve the complaint within 90 days. The flowchart is below, but you don't need to know all the steps other than they have 180 days to file a complaint, and USDA will resolve it within 90 days.

MANNA is required to conduct a compliance visit with all partner agencies every two years. Sometimes, NCDA will join on a MANNA compliance visit. Some, but not all, of the things we are looking for are:

• recordkeeping (TEFAP intake forms, temperature logs, pest control records, TEFAP inventory records, etc.)
• food safety
• civil rights compliance

One of your rights as an agency participating in TEFAP is to be advised of any findings, corrective actions, and recommendations in writing after the visit. 

MANNA, NCDA, and even USDA all reserve the right to schedule compliance visits with your pantry at a mutually-agreeable time and date, as well as making no-notice visits.

What happens if we are found to be non-complianat? 

Don't worry! This happens and we want to help work with you to be back in compliance. You'll get the follow-up letter detailing what was found to be out of compliance, and some recommended ways to fix it. Usually, there is a time frame associated with coming back into compliance.

Some things can be fixed during the visit - like a missing And Justice For All sign - and won't even make it to the follow-up letter.

If your agency ignores the follow-up letter and does not make a good faith effort to return to compliance, you will risk suspension or termination from the TEFAP program.

If you ever have questions about compliance you can contact MANNA FoodBank at ar@mannafoodbank.org and our Agency Relations Team will get back to you.

What is a reasonable accommodation?

A change, exception, or adjustment to a rule, policy, practice, or service. A neighbor's disability could be a physical or mental impairment that limits their abilities. These limits are things like walking or talking, seeing, hearing, etc.

Let's go through some examples of reasonable accommodations could be.

My pantry does not have wheelchair ramps, so we offer curbside service to neighbors who are unable to come inside.

We have a neighbor with a hearing impairment, so we use written signs to help communicate with them since none of us know sign language.

Acommodating facilities consider: 

• Parking Lot and Entrances / Exits 
• Hallways / Elevators / Restrooms
• Sinages

Pets are not allowed, but we allow neighbors with service animals. In accodance with state and federal law, the animal is either a dog of miniature horse, and we will not ask detailed questions beyond "is your animal a service animal, and what tasks are they trained to perform?" Therapy dogs and emotional support animals are not considered service animals.

MANNA provides all TEFAP signage and intake forms in both English and Spanish. If you have neighbors who speak another language, such as Russian or Ukranian, you can fill out this translation request or contact the Commodities Coordinator.

Just because there is a language barrier does not mean you can turn a neighbor away! Always work to find a way to provide them with food.

Conflict resolution is a process for two or more parties to resolve a disagreement or dispute. The University of Kansas's Community Tool Box is a great resource for learning about the conflict resolution process.

1. Understand the conflict
   • listen to and understand what the other person is saying
   • what is the other person asking for?
   • enter the process with an open mind
2. Communicate with the opposition
   • repeat back what you heard to ensure everyone is on the same page
   • avoid early judgments
3. Brainstorm possible solutions
   • both parties may offer potential solutions
   • try to maximize your options
   • identify shared interests (for example, getting food to a neighbor)
4. Choose the best resolution
   • both parties may need to give something up
   • which solution gives both groups the most?
5. Use a third party mediator
   • mediators can help listen to both sides and share best practices
   • MANNA Agency Relations staff can help with this, or someone not directly involved with the pantry.
6. Explore alternatives
   • what happens when there isn't a best resolution both parties can agree on?
   • what is the best alternative avaliable?
7. Cope with stressful situations and pressure tactics
   • avoid making a rushed or knee-jerk decision
   • don't back yourself into a corner of only accepting one outcome "Do it my way and that's final!"
   • learn more about what the opposing interests are and why that person wants them

Many food pantries that participate in the TEFAP program across the country are based out of churches or other religiously-affiliated organizations. In 2016, USDA released FD-141, Questions and Answers Related to the 7 CFR Part 16: Equal Opportunity for Religious Organizations Final Rule. It helps to provide clarification on what a religious orginization can and cannot do while distributing TEFAP. 

• Explicitly religious activities must be kept seperate from food distribution either by time or by location.
• Volunteers may gather for prayer before distribution begins.
• Religous music may be played, provided it is intended as backgound sound for aesthetic enjoyment and not a recorded sermon or prayer.
• The Written Notice of Beneficiary Rights sign must be posted, which included contact information to the state agency if a neighbor feels uncomfortable going to your pantry. This doesn't mean you have done something to discriminate against them; they may feel uncomfortable going to a pantry at a church outside of their own religion, for example.

One of the best ways to avoid the situation where a complaint could arise is by developing agency policies. These are written plans for how your agency will react to something. When x happens, we will do y. The important part is that it is determined ahead of time!

Developing agency policies helps to protect you and your agency, simplifies volunteer training, and enables everyone to be proactive rather than reactive. Policies could include how you handle customer complaints, returned food, emergency after-hours requests, and even agressive dogs in your drive-through line.