This memorandum seeks to ensure that current Food and Nutrition Service guidance pertaining to federal civil rights and nondiscrimination obligations remains aligned with applicable laws, regulations, executive orders and directives relevant to the agency’s 16 nutrition assistance programs.
USDA has rescinded the Biden Administration’s May 2022 Bostock policy update that sought to require federally-funded food and nutrition service programs to redefine discrimination by reason of “sex” under Title IX of the Education Amendments of 1972 (Title IX) and the Food and Nutrition Act of 2008 as not based on just male or female, but also “gender identity.” Today’s guidance eliminates the illegal threats issued under the Biden Administration that mandated compliance with ever-evolving concepts of gender ideology as a condition for participation in USDA school programs.
This memorandum clarifies that telephonic and virtual fair hearings and administrative disqualification hearings are allowed, reminds state agencies of related requirements, and recommends various best practices when conducting telephonic or virtual hearings. This memo rescinds and supersedes previous telephonic hearing guidance provided in FNS policy memos 82-14 and 83-05.
The purpose of this memorandum is to provide clarification on the written notice requirements that apply to indian tribal organizations and state agencies that administer FDPIR, per the USDA regulations on equal opportunity for religious organizations to participate in USDA assistance programs.
The purpose of this memorandum is to clarify the written notice and referral requirements for organizations that receive USDA Foods or administrative funding as part of CSFP and TEFAP program guidance, per USDA regulations on equal opportunity for religious organizations to participate in USDA assistance programs.
USDA and eight other federal agencies recently published a final rule entitled, Partnerships With Faith-Based and Neighborhood Organizations at 89 FR 15671 (final rule). The final rule amended USDA regulations at 7 CFR part 16 related to equal opportunity for faith-based organizations that operate USDA programs and religious protections for USDA program beneficiaries.
FNS works to ensure all communities in need have access to foods that support health and well-being. Our goal is to ensure program participants have access to culturally and religiously preferred foods and that program operators have resources to best serve their communities.
The Civil Rights Division ensures that FNA complies with the laws, regulations, policies and guidance that prohibit discrimination against employees and applicants in the federal workplace. Equal Employment Opportunity laws prohibit discrimination in employment to ensure fair hiring, competition in promotions and equal access to training/development opportunities.
State agencies, local agencies, or other recipients that fail to provide free language assistance (interpretation/translation) to potentially-eligible persons, applicants, and participants, who are limited English proficient (LEP), or deny LEP persons access to federally assisted programs and activities, may be discriminating on the basis of national origin in violation of Title VI and its implementing regulations.
Title II of the Americans with Disabilities Act of 1990 and the ADA Amendments Act of 2008 prohibits discrimination based on disability by state and local governments.