Nondiscrimination And Equal Opportunity Requirements

Discrimination prohibited on basis of:

• race
• national origin
• religion
• color
• sex
• age
• handicap

Discrimination prohibited in:

• project benefits
• employment/training
• contracting/business opportunities

Under the nondiscrimination and equal opportunity requirements, the CDBG grantee must ensure that no person or group is denied project benefits or employment, training, business, contracting or housing opportunities on the basis of race, national origin, religion, color, sex, age, or handicap.

According to 24 CFR Part 8, Nondiscrimination Based on Handicap in Federally Assisted Programs and Activities, an "Individual with handicaps" is defined as any person who has a physical or mental impairment that substantially limits one or more major life activities; has a record of such an impairment; or is regarded as having such an impairment.  For purposes of employment, this term does not include any individual who is an alcoholic or drug abuser whose current use of alcohol or drugs prevents the individual from performing the duties of the job in question or whose employment, by reason of current alcohol or drug abuse, would constitute a direct threat to property or the safety of others; or any individual who has a currently contagious disease or infection and who, by reason of such disease or infection, would constitute a direct threat to the health or safety of other individuals or who, by reason of the currently contagious disease or infection, is unable to perform the duties of the job.

Regardless of the type of project selected to be undertaken under the CDBG program, the grantee must monitor, as the project progresses, the extent to which protected groups within the community are, in fact, participating in and receiving benefits from the CDBG project.

Note:  At a minimum and regardless of the type of project being undertaken, the grantee should take those actions necessary to ensure that members of protected groups have equal access to any information related to benefits and employment, training, business, contracting and housing opportunities resulting from the CDBG project.

Section 504 Requirements

Section 504 of the Rehabilitation Services Act of 1973, as amended, prohibits discrimination against persons with disabilities in all actions undertaken or funded by a local government. The goal of Section 504 is to ensure that “No otherwise qualified individual with handicaps in the U.S. … shall, solely by reason of his/her handicap, be excluded from participation in, or be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.”

Note that 504 requirements apply to any community receiving CDBG funds. Sub‐recipients of CDBG funds such as non‐profit agencies must also comply with certain components of 504. Title II of the Americans with Disabilities Act (ADA) applies to all state and local governments, whether or not they receive federal funds. Although there are minor differences in definitions and requirements, compliance with Section 504 will generally ensure compliance with the ADA.

All grantees should have by now published a notice notifying the public that it does not discriminate on the basis of disability and identifying the 504 Coordinator. However, Section 504 requires that the notification process be “ongoing.” Thus, a grantee should document how it complies with the ongoing notification requirement. (Exhibits V-B & V-B.1)

General Requirements of Section 504

Grantees or entities receiving CDBG funds must comply with Section 504 regulations in four areas:

• Communications
• Employment
• Self-Evaluation Plan
• Transition Plan

Communications

• A Telecommunications Device for the Deaf (TDD/TTY) must be available for public access and all stationary, publications, and public notices must include the TDD/TTY number.
• Be sensitive to the visually impaired when determining print size for a document.
• All notices should include a “reasonable accommodation statement” such as :
  Persons with disabilities may request a reasonable accommodation such as a sign language interpreter by contacting _____ at ____ as soon as possible.

Employment

• Grantees must ensure that employment practices (including those to whom it provides funds) do not discriminate on the basis of disability and that reasonable accommodations are made for employees with disabilities.
• Application forms and recruiting materials should be reviewed to ensure there is no unintended discrimination.

Self-Evaluation Plan

Self-evaluation plans were to have been completed by July 10, 1989. Thus, if a community has not yet done so, completion of this is required of all grantees (Exhibit V-C).  To complete the self-evaluation process the grantee must:

• Review an inventory of programs and activities conducted by the grantee.
• Collect and document the policies and practices that govern the administration of the grantee's programs and activities.
• Analyze how the grantee's policies and practices affect individuals with disabilities who seek to participate in their programs and activities.
• Make and document changes and additions to agency policy to remedy any discrimination found.
• Obtain comments on the draft self-evaluation from individuals with disabilities and other interested persons.

Periodically, the self-evaluation should be reviewed and updated to ensure that new policies are not causing discrimination and that individuals with disabilities are able to participate fully in the grantee's program.  This self-evaluation must be kept on file and made available for public inspection for a period of 3 years.

Transition Plan

If physical changes need to be made to achieve accessibility for persons with disabilities, a transition plan must be developed.  The plan must be developed with the assistance of individuals with disabilities or organizations representing them.  A copy of the plan must be made available for public inspection.  Contents of the plan are:

• identification of the physical obstacles that limit accessibility
• detailed description of methods that will be used to make facilities accessible
• schedule for each step of the process
• name of official responsible for implementation of the plan
• names of persons or groups who assisted with the plan

Section 504 Requirements for Grantees with 15 or More Employees (Full or Part-time)

1. Designation of at least one person to coordinate grantee's Section 504 responsibilities.
2. Adoption of grievance procedures that incorporate due process standards and allow for quick and prompt resolution of any complaints of alleged discrimination based on disability. (Exhibit V-B.2)
3. Notification to all participants, employees, unions and professional organizations that grantee does not discriminate on the basis of disability. (Exhibit V-B)

• Notice must identify individual designated to coordinate grievance procedures.
• Notification process must be ongoing and can include processes such as the posting of notices, statements in printed media, and inclusion in other written materials.  The notification process must ensure that all individuals, including those with visual and hearing impairments, are aware of the nondiscrimination pledge.