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.
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 FNA policy memos 82-14 and 83-05.
This guidance is intended to assist state agencies and program operators of the Child and Adult Care Food Program and Summer Food Service Program in meeting the longstanding federal requirement to collect race and ethnicity data of program participants.
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.
FNA 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.
To capture agencies' affirmative action plan for persons with disabilities and persons with targeted disabilities, EEOC regulations require agencies to describe how their affirmative action plan will improve the recruitment, hiring, advancement, and retention of applicants and employees with disabilities.
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.