1
Nutrition
2
3
Operations
Administration,
Operations,
Civil Rights
Professional
Training
Standards
Training
3420
Topic
3330
4
Communications &
Marketing
» to your credit
Making the grade in your profession
Let’s Be Fair!
By JoAnne Robinett, MSA, SNS
» Civil rights protections apply to students, families and
the school nutrition team.
W
When I was raising my children, there were many occasions when each of the
three, in turn, protested, “It’s not fair!” They would be incensed by acts of favoritism they perceived happening to a sibling or a classmate. They would yell
about it, sometimes even pout, stomp or cry. I understood—no one wants to
be treated unfairly. As a mother, I had to find a way to deal with their bruised
egos and their sense of wanting more. Did you realize that fairness is actually
mandated in the federal school meal programs?
Earn 1 CEU
in the
designated
Key area
and Key
Topic Code
noted above
It has been established that all
Americans have civil rights. Civil rights
are defined as: “The nonpolitical rights
of a citizen; the rights of personal liberty guaranteed to U.S. citizens by the
13th and 14th Amendments to the U.S.
Constitution and by acts of Congress.”
Civil rights rules exist to guarantee fair
treatment—and in our government,
they apply any time a program receives
federal financial assistance (whether
it’s in the form of cash, commodities,
equipment, training, etc.). The goals
of civil rights are to:
» E
liminate barriers to program
benefits;
» Provide equal treatment to all;
» E
xplain rights and responsibilities;
and
» Show respect and dignity to all.
In school nutrition, these rules apply
not just to those who receive meals
through such services as the National
School Lunch Program (NSLP), but also
to those of us working in foodservice
operations participating in the NSLP
and other federal school nutrition programs administered by USDA. That includes cafeteria cooks, cashiers, servers
and dishwashers, as well as managers,
supervisors, directors and dietitians.
The rules extend to the companies we
do business with and even those who
might become our future partners.
USDA requires that all staff who
work with child nutrition program applicants or participants receive annual
civil rights training. This is to ensure
that people who are involved at all
levels of the program understand civil
rights rules. This article isn’t intended
to replace that training, which is much
more comprehensive, but to reinforce
your understanding of the basic rules
and concepts.
CIVIL RIGHTS 101 We have both civil
rights and responsibilities, which have
become law through a series of legislative acts. These include:
» Title VI of the Civil Rights Act of
1964, which prohibits discrimination
based on race, color and national
origin in programs and activities
receiving federal financial assistance.
» The Americans with Disabilities Act,
which prohibits discrimination on
the basis of disability in all services,
programs, and activities provided to
the public by state and local governments.
» Title IX of the Education Amendwww.schoolnutrition.org | SN | 83
You might not need a security clearance to do your job, but you do have
access to sensitive materials. The
information disclosed on school meal
applications is strictly confidential.
It is not to be used for any purpose
other than determining meal benefits and complying with other federal
and state requirements regarding
data collection.
A family may waive their right to
confidentiality, but even if this waiver is signed, it only waives information for very specific uses. A student
is never to be treated differently
because of information revealed on
the meal application, including race
or family income. If you are aware
of meal eligibility details (that is, if
a child is in the free, reduced-price
or paid categories), you must not
share or comment upon that information to anyone. That includes
your co-workers in the back of the
kitchen, the school nurse or even the
principal. You are trusted to keep
this information in confidence and
should do everything possible to
avoid overtly identifying a student in
a manner that would reveal or hint
at their status.
84 | SN | January 2017
[
Stereotyping: oversimplified generalization
of beliefs about a group.
Prejudice: set of rigid and unfavorable attitudes
toward a particular group.
Discrimination: acting on those beliefs.
ments of 1972, which prohibits
discrimination based on sex under
any education program or activity
receiving federal financial assistance.
» The Rehabilitation Act of 1973, which
prohibits discrimination based on
disability.
» T
he Age Discrimination Act of 1975,
which prohibits discrimination based
on age in programs or activities receiving federal financial assistance.
Those Acts, and USDA’s guidance,
establish six different “protected classes” for school nutrition programs. Federal law prohibits discrimination on the
basis of any protected class. Officially,
these are: Race, Color, National Origin,
Sex, Disability and Age.
What does it mean to discriminate
against one of these six classes? It
starts with “stereotyping,” which is an
oversimplified generalization of beliefs
about a group. (“I believe older people
are slow.”) “Prejudice” can be defined as
a set of rigid and unfavorable attitudes,
formed generally without consideration
of facts, toward a particular group. (“I
don’t like older people, because they
are slow.”) “Discrimination” is acting on
those beliefs—the practice of treating
people differently based on your conception. (“I won’t hire an older worker,
because I believe he or she will be too
slow for the job.”)
Discrimination doesn’t just apply to
hiring, it also relates to equal opportunities for student access, customer
service, meal service, confidentiality,
language assistance, menu accommodations and more. Let’s look at the
[
KITCHEN
CONFIDENTIAL
different protected classes and review
ways that discrimination might happen,
if you don’t take care.
CAFETERIA CONTEXT The three
classes of Race, Color and National
Origin might seem to be the same
things on the surface. Indeed, in terms
of your daily interactions, the differences between these classes are so
subtle—and the overlap so prevalent
(a single student could embody all
three)—that it’s reasonable to look at
these all together.
For example, let’s say you have a
second-grade student who is Asian
American. Though she is a secondgeneration American (both she and
her parents were born in this country),
her national origin—in this case, her
ancestry—is obvious in her appearance,
as is her race. The color of her skin
might be the same as yours, or lighter
or darker. What you see simply helps
you to recognize her (“Good morning,
Lisa!”) when she comes to the cafeteria.
Her civil rights guarantee that you will
treat her just the same as every other
student looking for breakfast and a
smile to start their day!
What about the fourth-grade boy
whose appearance doesn’t give you a
clue about his race, but he does not
seem to understand you when you ask
him a question? His civil rights guarantee that you will not discriminate
against him in the serving line or dining area based on his national origin—
he gets the same warm smile and same
delicious breakfast! Additionally, your
district office is required to have either
a translation of materials available for
his family or to provide a translator, if
the family has Limited English Proficiency (LEP). This will ensure the
student has meaningful access to meal
programs and benefits.
You might have the good intention
to try to make children from different
national origins or races more comfortable by suggesting they sit at a
table with other children who are from
the same ethnicity or asking another
student to translate for you. Don’t.
Such acts can be misconstrued not as
kindness, but as discriminatory.
The law recognizes two broad
categories of ethnicities: “Hispanic
or Latino” or “Non-Hispanic or
Non-Latino.” The law also recognizes
a number of racial categories: “American Indian or Alaskan Native,” “Asian,”
“Black or African American,” “Native
Hawaiian or other Pacific Islander”
and “White.” When families fill out the
paperwork to apply for meal benefits,
they are asked questions about their
race and ethnicity. This is not done to
target any group of students. It’s a step
to help districts collect and compile
data that paints a picture of the community’s diversity.
Now, let’s take a brief look at the
other three federally protected classes: Sex, Disability and Age. You need
to take care not to show favoritism
between boys and girls. For example, if
you are serving mashed potatoes, and
the production record says the correct
portion size is a half-cup serving, then
that is the portion that everyone gets—
don’t dip a little heavier for Johnny
than you did for Julie, simply because
you believe “growing boys need more
food” or “teenage girls need to watch
their figures.”
You need to guard against genderbased discrimination behind the
serving line and in the kitchen, too. It
doesn’t matter if your team is as close
“as family,” the workplace is no place
for comments that cross the line and
might make someone uncomfortable.
For you and the other “ladies,” it may
seem like you’re just “teasing” the lone
guy in the group, but it’s not about your
intention as much as it is the perceptions of those on the receiving end of
jokes that make someone feel separate
and different.
Equally serious are behaviors that
can be classified as sexual harassment.
3
SAVE A
STAMP!
Administration,
Civil Rights
Training
3420
» the test
You can take this
test online and
pay by credit card.
Go to: www.schoolnutrition.org/OnlinePDAs
”Let’s Be Fair!” Completion of this test, with a passing score,
will count as 1 Continuing Education Unit (CEU) in Key Area 3,
Administration, Civil Rights Training Code 3420.
Please Print
Name: ____________________________________________________________________________________________________________________________
SNA Member Number: ___________________________________________________________________________________________________
Address: _______________________________________________________________________________________________________________________
City / State / Zip: _________________________________________________________________________________________________________
Email: ___________________________________________________________________________________________________________________
1. Only citizens born in the United States are
guaranteed civil rights protections.
n True
n False
6. It’s not considered sexual harassment if a
joke is intended as good-natured teasing.
n True
n False
2. U.S. civil rights laws stem from ___.
the 13th Amendment to the Constitution
the Civil Rights Act of 1964
The Age Discrimination Act of 1975
all of the above
7. Food allergies are considered a physical
disability.
n True
n False
n
n
n
n
3. Federal law for school meal programs
prohibits discrimination against anyone in
one of six protected classes, which include
___.
n national origin n religion
n military service n all of the above
4. Civil rights laws protect against
discrimination in ___.
n hiring
n customer service
n language assistance
n all of the above
5. ___ is not an official racial category
defined by law.
n White
n Black
n European American
n Alaskan Native
8. School cafeterias are required to display a
poster proclaiming ___.
n “Life, Liberty and the Pursuit of
Happiness”
n “Equal Pay for Equal Work”
n “Don’t Tread on Me”
n none of the above
9. Only written complaints regarding civil
rights violations must be formally addressed
and forwarded to the state agency or USDA.
n True
n False
10. Details about a student’s school meal
eligibility status may be shared with ___.
n the school nurse
n the school principal
n both
n neither
TEST COMPLETION & SUBMISSION DETAILS
To earn 1 Continuing Education Credit (CEU) toward SNA’s Certificate/Credentialing programs for this
professional development article (PDA) test, you must achieve a passing score and the issue date (January
2017) must not be older than five (5) years from your Certificate/Credentialing period, A maximum of
three (3) PDAs per year is allowable for SNA’s Certificate in School Nutrition program. There is no maximum of passing PDAs for those with the SNS Credential, submitted within the three-year period.
To pay by check: Mail this completed form before your expiration date. Include $11 (SNA Members) or $17
(non-members) for processing to: SNA, Attn: PDA, PO Box 759297, Baltimore, MD 21275-9297. Do not
send cash!
To pay by credit card: Pay for and take the test online at www.schoolnutrition.org/OnlinePDAs.
Processing fees for tests completed online are $9 (SNA Members) or $15 (non-members).
Due to administrative costs, refunds will not be made for any reason.
www.schoolnutrition.org | SN | 85
WHAT’S REQUIRED
Here is an abbreviated list of Civil Rights requirements for school meal programs:
»D
istribute a Public Release
at the beginning of the
year to let everyone know
the meal programs that are
available and the fact that
free and reduced-price
meals are offered to all
who qualify.
These include inappropriate jokes,
touching, sharing of sexually based
communications (text and pictures),
requests for sexual favors and so on.
Report violations to management, state
or federal officials.
Civil rights protect those with
disabilities: “a physical or mental impairment that substantially limits one
or more of an individual’s major life
activities.” Your priority is to ensure
that students with disabilities have
accommodations that allow them to
have access to safe, nutritious meals.
Accommodations can take many forms.
It might mean making physical changes to the serving line or dining area
to remove barriers. But if the space
cannot be changed to accommodate a
student’s needs, then you need to make
different accommodations, possibly in
service or delivery, to get the meal to
the student.
Some disabilities aren’t visible.
For example, a food allergy can be a
life-threatening disability. Or a student
has a digestive condition that qualifies
as a disability—and thus for menu
modifications.
Such modifications might require
serving an alternate meal that still
complies with all other meal pattern
requirements. A peanut allergy doesn’t
mean asking the child to fill up on broccoli instead of the PB&J sandwich—it
means you serve another food item
from the meat/meat alternate group,
such as a cheese sandwich. Another
type of modification might require
you to change the texture of the foods
served. Perhaps today’s lunch menu
includes baby carrots that you will have
to mash or puree for the student whose
disability prevents her from swallowing
solid carrots.
The meal pattern features different
86 | SN | January 2017
»D
isplay the “And Justice
for All” poster prominently at all sites.
» Include the non-discrimination statement on all
forms, signage and other
communications.
»T
hrough the application
process, the district office
collects racial and ethnic
data.
»A
ccommodate disabilities.
Provide equal access to
programs, program
materials and meals to all.
» Train staff annually on
Civil Rights.
serving sizes and nutrient requirements for students of different age
groups, which means older children
are going to receive larger portions or
additional items. But this is not age discrimination. The federal government
can establish certain requirements and
variations based on age.
You cannot show preferences based
on age, however. This means you
can’t offer special treats only to the
first-graders, simply because they are
so darn cute! Nor can you offer second
helpings to fifth-graders going through
a growth spurt. Fair is fair to all!
THE WELCOME MAT Schools participating in the federal child nutrition
programs must ensure that all meal
program benefits—and the meals
themselves—are equally accessible to
all families in the community. Most of
us can’t imagine being discriminatory when it comes to providing school
meals to students, but such behaviors
can creep up unconsciously, if you
aren’t mindful. Consider the “4 Ds” of
discriminatory practices.
» Delay. Were meals or meal benefits
delayed to this student or group of
students for any reason?
» D
enied. Were meals or meal benefits
denied to this student or group of
students for reasons outside of those
established by USDA?
» D
ifferently. Was the student treated
the same as other students? Was the
family’s meal application judged by
the same standards for approval and
verification?
» D
isparate. Did any action taken by
the district’s school nutrition department appear less than equal for this
student?
It’s also important to examine not
only what you shouldn’t do to dis-
criminate, but what you should do to
promote inclusion! Do your program
materials, cafeteria decorations, communications and so on convey welcoming messages about diversity? Take
a look at your text and your graphics
with this in mind.
In particular, a non-discrimination
statement needs to be included on all
forms of communication and materials
regarding the federal meal programs.
At a minimum, flyers, menus, websites,
etc., all should include the following
statement: “This institution is an equal
opportunity provider.” Visit http://
www.fns.usda.gov/fns-nondiscrimination-statement for more details.
What if someone complains about
discrimination? Take it seriously! Your
workplace is required to include the
prominent display of a poster that proclaims “And Justice for All.” It’s much
more than just a reminder for impartiality; it also describes what to do and
who to contact, if a perceived injustice
has occurred. All verbal or written
complaints regarding civil rights violations must be forwarded to either your
state agency or USDA within three days
of receiving the complaint, even if the
complaint is anonymous.
You can prevent most civil rights
complaints simply by following the
golden rule. Ask yourself: “Am I treating this person in a fair, kind, customer-friendly manner, as I treat others
and as I expect to be treated?” SN
JoAnne Robinett is owner of America’s
Meal (www.americasmeal.com), providing training, speaking and consulting services in school nutrition. She can
be reached at americasmeal@yahoo.
com.