(1)
Non-discrimination in Service
Delivery.
(a) The Nutrition
Project shall not deny Congregate Meals to an Eligible Elder or deny Home
Delivered Meals to an Eligible Elder who has been determined to be in need of
such meals on the basis of race, color, religion, sex, age, national origin,
ancestry, physical or mental disability, or because such person is a recipient
of Federal, State, or local public assistance or housing subsidy.
(b) The Nutrition Project shall reasonably
accommodate participants with disabilities.
(c) Each Nutrition Project shall comply with
the applicable provisions of:
1. Title VI of
the Civil Rights Act of 1964 (42
USC 2000d
et seq.) which
prohibits discrimination on the basis of race, color, or national
origin;
2. Section 504 of the
Rehabilitation Act of 1973 (42 USC 794) and the regulations promulgated
thereunder ( 45 CFR Part 84) which prohibits discrimination against qualified
disabilityped individuals on the basis of disability in any program or activity
receiving or benefitting from Federal financial assistance and requires
programs and activities when viewed in their entirety, to be readily accessible
to disabilityped persons;
3. The
Commonwealth's Executive Order 526, prohibiting discrimination based on
disability;
4. M.G.L. c. 151B
§ 4(10) which prohibits discrimination in furnishing services on the
grounds that an individual is a recipient of Federal, State or local public
assistance or housing subsidies.
(2)
Non-discrimination In
Employment.
(a) The Nutrition
Project shall not discriminate against any qualified employee or applicant for
employment because of his or her race, color, age, national origin, ancestry,
religion, or physical or mental disability.
(b) Each Nutrition Project shall comply with
the provisions of:
1. M.G.L. c. 151B s.4(1)
which prohibits discrimination in employment on the basis of race, color,
religion, sex or national origin, creed, ancestry or age;
2. D.E.A. Regulations 651 CMR 8.00,
Discrimination Based on Age in Agencies and Organizations in Receipt of
Funds from the Department of Elder Affairs.
3. Section 504 of the Rehabilitation Act of
1973 (29 USC
794) and the regulations promulgated pursuant
thereto (45 CFR 84) which prohibits discrimination against qualified
disabilityped individuals on the basis of disability and requires employers to
make reasonable accommodations to known physical or mental limitations of
otherwise qualified disabilityped applicants or employees; and
4. The Commonwealth's Executive Order 526
regarding non-discrimination based upon disability.
(3)
Other Applicable
D.E.A. Requirements. Each Nutrition Project shall comply with the
D.E.A. Program Instruction (EOEA-PI-04-05) Governing the Protection of Clients
Who are Participants in Research Projects.
(4)
Affirmative
Action. Each Nutrition Project with a contract with D.E.A. and the
applicable Nutrition Project with a value of $10,000 or less shall have in
effect a policy of affirmative action which fulfills the applicable
requirements of State Executive Order 526. A Nutrition Project with such a
contract with a value of more than $10,000 shall have in effect, maintain, and
adhere to an Affirmative Action Plan which fulfills the applicable requirements
of State Executive Order 526 well as those requirements set by
D.E.A.
