Welcome to the Midwest Area Agricultural Research Service!

text only version

Postdoctoral research scientist Adriana Ortiz-Lopez uses a spectrophotometer to examine the different pigments contained in canola seed extracts while plant physiologist John Whitmarsh prepares a new sample for analysis.

Grassed waterways carry runoff from crop fields safely.

Woman testing microorganisms for converting soybean oil.

U.S. Department of Agriculture Washington, D.C. 20250
corrected copy

DEPARTMENTAL REGULATION		Number: 4300-3
SUBJECT: Equal Opportunity Public Notification Policy	DATE: November 16, 1999
	OPI: Office of Civil Rights

1      PURPOSE
This regulation establishes policy for ensuring positive and continuing
notification of USDA equal opportunity policy to the public. 2      CANCELLATION
This regulation replaces DR 4300-3 (February 25, 1998). Equal Opportunity
Public Notification Policy.
3      SPECIAL INSTRUCTIONS
a      The nondiscrimination statements are to be used in the next issuance of
        publications, immediately after the approval date of this regulation. b      Page 4, Section b (1) and (2) have been modified to delete "USDA and its agencies," and to
        insert "the recipients." 4      POLICY
It is the policy of the Department of Agriculture: a      That no person shall be discriminated against on the basis of race,
        color, national origin, sex, religion, age, disability, political beliefs,
        sexual orientation, or marital or family status in employment or in any
        program or activity conducted or funded by the Department. (Not all
        prohibited bases apply to all programs.) This policy will be
        communicated to the public through all appropriate USDA public
        information channels, in English and in languages appropriate to the
        local population and in alternative means of communication (Braille,
        large print, audiotape, etc.). b      To reach out in proactive ways to persons who have not participated
         equally in its programs and activities in the past. This policy will be
         disseminated to persons through all public contacts. c      Not to participate in any public meeting in which persons are illegally
         discriminated against because of their race, color, national origin, sex,
         religion, age, disability, political belief, sexual orientation, or marital or
         family status. d      To use positive examples of employment and program participation by
         minorities, women, and other protected groups in pictures and other
         visual and audio public information materials. 5      AUTHORITY
a      Titles VI and VII of the Civil Rights Act of 1964, as Amended (42
        U.S.C. 2000d, 2000e-16) b      28 CFR 42.401 et seq., Department of Justice Guidelines for
        Coordination of Enforcement of Nondiscrimination in Federally
        Assisted Programs.

c 7 CFR Part 15, USDA Nondiscrimination Regulations.

d Section 501, 504, and 505 of the Rehabilitation Act of 1973 (29 U.S.C.
701, 794).

e      Age Discrimination in Employment Act (29 U.S.C. 633a). f      Section 403 of the Vietnam Era Veterans Readjustment Assistance Act
       of 1974 (38 U.S.C. 2014). g      Section 307 of the Civil Service Reform Act of 1978 (5 U.S.C. 3112). h      5 CFR Part 720. i      Title IX of the Education Amendments of 1972, Pub. L. 92-318, as
       amended. j      Americans With Disabilities Act of 1990 (Pub. L. 101-336). k      Food Stamp Act of 1977, as amended by the Food Stamp Improvement
        Act of 1994, 7 USC 2011 et seq.
6      DEFINITIONS
a      Recipient. Any State, political subdivision of any State, or
        instrumentality of any State or political subdivision; any public
        or private agency, institution, or organization; or other entity or
        any individual in any State, to whom Federal financial assistance
        is extended, directly or through another recipient, for any
        program, including any successor, assignee, or transferee thereof. b      Beneficiary. The individual who ultimately receives program services
        or benefits.

c Materials. This term includes print and non-print (audio, video,

Internet, etc.) materials.
7      DESCRIPTION OF THE NONDISCRIMINATION STATEMENT
a      USDA - The nondiscrimination statement set out below shall be posted
        in all USDA offices and included, in full, on all materials produced by
        USDA and its agencies for public information, public education, or
        public distribution, except when the appropriate nondiscrimination
        statement applicable to recipients is distributed by USDA agencies or
        posted by recipients. The statement below specifically lists all the
        prohibited bases for discrimination contained in the USDA Civil Rights
        Policy Statement. The statement shall be in English and in languages
        appropriate to the local population, and in alternative means
        of communication (Braille, large print, audiotape, etc.).
USDA's nondiscrimination statement:

"The U.S. Department of Agriculture (USDA) prohibits
discrimination in all its programs and activities on the basis of race,
color, national origin, sex, religion, age, disability, political beliefs,
sexual orientation, or marital or family status. (Not all prohibited
bases apply to all programs.) Persons with disabilities who require
alternative means for communication of program information
(Braille, large print, audiotape, etc.) should contact USDA's TARGET
Center at (202) 720-2600 (voice and TDD).

To file a complaint of discrimination, write USDA, Director, Office
of Civil Rights, Room 326-W, Whitten Building, 1400 Independence
Avenue, SW, Washington, D.C. 20250-9410 or call (202) 720-5964
(voice and TDD). "USDA is an equal opportunity provider
and employer."

If the material is too small to permit the full statement to be included,
the material will at minimum include the statement, in print size no
smaller than the text, that "The USDA is an equal opportunity
provider and employer."

b      Recipients - The nondiscrimination statement posted by recipients will
        contain only those bases referred to in applicable Federal law.
(1)      The nondiscrimination statement set out below shall be posted in    all Food Stamp program recipient offices and included, in full,
   on all materials regarding such recipients' programs that are
   produced by the recipients for public information, public
   education, or public distribution.

   "In accordance with Federal law and U.S. Department of
   Agriculture policy, this institution is prohibited from
   discriminating on the basis of race, color, national origin,
   sex, age, religion, political beliefs, or disability. (Not all
   prohibited bases apply to all programs.)

    To file a complaint of discrimination, write USDA,
    Director, Office of Civil Rights, Room 326-W, Whitten
    Building, 1400 Independence Avenue, SW, Washington,
    D.C. 20250-9410 or call (202) 720-5964 (voice and TDD).
    USDA is an equal opportunity provider and employer."

    If the material is too small to permit the full statement to be
    included, the material will at minimum include the statement,
    in print size no smaller than the text, that "This institution is
    an equal opportunity provider."

(2)      The nondiscrimination statement set out below shall be posted in     all other recipient offices (with the exception of Food
    Stamp program recipients) and included, in full, on all
    materials regarding such recipients' programs that are
    produced by the recipients for public information, public
    education, or public distribution.      "In accordance with Federal law and U.S. Department of
     Agriculture policy, this institution is prohibited from
     discriminating on the basis of race, color, national origin,
     sex, age, or disability. (Not all prohibited bases apply to all
     programs.)      To file a complaint of discrimination, write USDA,
     Director, Office of Civil Rights, Room 326-W, Whitten
     Building, 1400 Independence Avenue, SW, Washington,
     D.C. 20250-9410 or call (202) 720-5964 (voice and TDD).
     USDA is an equal opportunity provider and employer."      If the material is too small to permit the full statement to be
     included, the material will at minimum include the statement, in
     print size no smaller than the text, that "This institution is an
     equal opportunity provider."     8      RESPONSIBILITIES

a Office of Civil Rights will:

(1) Provide policy guidance to agencies and recipients upon

       request and consistant with the findings of the Office of Civil
       Rights' monitoring activities.
    (2)      Provide the necessary format for, and any changes to, the        USDA ondiscrimination poster and the nondiscrimination
       poster to be used by recipients.
    (3)      Monitor agency and recipient actions through established review        activities for compliance with this policy.
     b      Office of Communications will:
     (6)      Review and monitor all public information materials submitted to it for compliance with the policy established in this regulation.
Originating offices will be counseled on appropriate remedies
when necessary.
     c      USDA Agencies will:

(1) Consult with the Office of Civil Rights on the

appropriate content of proposals for new or revised
nondiscrimination statements.
     (2)      As directed by the Office of Civil Rights, include the appropriaate         nondiscrimination statement, in full, on all materials produced by
        USDA and its agencies for public information, public education, or
        public distribution. If the material is too small to permit the full
        statement to be included, the material will at minimum include the
        statement, in print size no smaller than the text, the alternative
        statements described in this departmental regulation. A rule of reason
        will be applied as to the need for the statement in specific situations.
        Questions as to the appropriateness of including the statement may be
        referred to the Office of Civil Rights for policy guidance.
     (3)      Ensure through normal review processes that recipients are complying with public notification requirements.
             (4)      Ensure through normal distribution and review processes that notices of the USDA nondiscrimination statement are prominently
posted in USDA and its agencies' offices. In general, the USDA
poster "And Justice For All" will be used for this purpose except for
suitable substitutes in outdoor areas where necessary. Units shall
post the nondiscrimination statement in languages appropriate to the
local population.
      (5)      Ensure through normal distribution and review processes that notices of the appropriate nondiscrimination statement are prominently
posted in recipients' offices. Agencies will be responsible for
obtaining and distributing appropriate posters to recipients. Agencies
will be responsible for ensuring that the nondiscrimination statement
is posted in languages appropriate to the local population.
      (6)      Establish outreach programs at the local level to ensure that all persons, especially those who previously may not have participated
fully, know about the availability of and how to use USDA program
services effectively and are encouraged to participate.
      (7)      Include appropriate references to USDA equal opportunity policy in public speeches and meetings.
      (8)      Should not agree to participate in meetings with the knowledge that the meetings(s) were convened to avoid
compliance with applicable nondiscrimination requirements.
      (9)      Provide materials in alternative means of
                 communication (Braille, large print, audiotape, etc.) upon request. -END-