Reimbursement Procedures

Reimbursement payments shall be made by D.E.A. to Title III-C Nutrition Projects. 4.08 Non-discrimination and Affirmative Action Requirements (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.