XVIII. Definitions Related to Civil Rights

Discrimination: Any distinction of one person or a group of persons from others, intentionally, by neglect, or by the effect of actions or lack of actions based on race, color, national origin, age, sex, disability or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA.

Complaint: A verbal or written allegation of discrimination which indicates that any FMNP is administered or operated in such a manner that it results in disparity of treatment or services being provided to persons or groups of persons because of their protected basis.

Complainant: A person or group of persons who allege discrimination in the delivery of program benefits or services by a State agency, local agency, or other sub-recipient.

Civil Rights: 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.

Disability: A physical or mental impairment that substantially limits one or more of an individual's major life activities, having a record of such impairment, or being regarded as having such impairment.

Investigation: Formal gathering of facts by the appropriate Office of Civil Rights (OCR) or other authorized government agency or private contractor that will refute or substantiate an allegation of discrimination.

Limited English Proficiency (LEP) Persons: Individuals who do not speak English as their primary language and who have a limited ability to read, speak, write, or understand English. Recipients of Federal financial assistance have a responsibility to take reasonable steps to ensure meaningful access to their programs and activities by person(s) with limited English proficiency.

Preliminary Inquiry: An informal gathering of information that will refute or substantiate an allegation of discrimination.

Noncompliance: The finding that any civil rights requirement, as interpreted by regulations, has not been satisfied.

Program Compliance Reviews: An evaluation procedure used to determine if State agencies, local agencies, and other sub-recipients are administering and operating FNS programs in accordance with program and civil rights regulations, instructions, policies, and guidance.


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