Update to the USDA Non-Discrimination Statement

CACFP, USDA
Updated Nondiscrimination Statement
On May 5, 2022 USDA announced that the official Non-discrimination Statement is being updated, effective immediately, to include prohibitions against discrimination based on gender identity and sexual orientation. The change to the Non-discrimination Statement is in the first sentence, which is written below with the change in red text. This is not the full Statement; you can read the full Statement at the USDA webpage.

In accordance with federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex (including gender identity and sexual orientation), disability, age, or reprisal or retaliation for prior civil rights activity.

 
The USDA Non-discrimination Statement is being changed as a result of a landmark Supreme Court decision in Bostock v. Clayton County. In that decision the Supreme Court ruled that discrimination based on sexual orientation and gender identity were covered under the existing prohibition on sex discrimination under Title VII of the Civil Rights Act of 1964.
 
For CACFP operators, this means that full USDA Non-discrimination Statement needs to be updated anywhere it is published. Common places that the full USDA Non-discrimination Statement are published include:
  • Household Income Forms
  • Letters to Parents/Guardians that accompany Household
  • Income Forms
  • CACFP Enrollment Forms
  • “And Justice for All” Poster
  • “Building for the Future with CACFP” Poster
  • WIC Notification Posters
  • Sponsor Websites
  • Outreach Materials

Note that the abbreviated Non-discrimination Statement that is allowed on publications with restricted print area remains the same, “This institution is an equal opportunity provider.”

My Food Program will be updating all pre-printed forms that are generated from our software to account for the new USDA Non-discrimination Statement. For posters and template forms, sponsors should contact their state agency for more information or to request copies of updated materials.