Dec 09
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USDA Guidelines – Equal opportunity
USDA Guidelines – Equal opportunity
1980.317 Equal opportunity and nondiscrimination
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Equal opportunity and nondiscrimination requirements in use, occupancy, rental, or sale of housing.
(a) Compliance. Loans guaranteed under this subpart are subject to the provisions of various civil rights statutes. RHCDS and the Lender may not discriminate against any person in making guaranteed housing loans available, or impose different terms and conditions for the availability of these loans based on a person’s race, color, familial status, religion, sex, age, physical or mental disability, or national origin, provided the applicant possesses the capacity to enter into a legal contract for services. These requirements will be discussed with the applicant, builder, developer, and other parties involved as early in the negotiations as possible.
(b) Reporting. If there is indication of noncompliance with these requirements, the matter will be reported by the borrower, Lender, or RHCDS personnel to the Administrator or the Director, Equal Opportunity Staff. Complaints and compliance will be handled by RHCDS in accordance with subpart E of part 1901 of this chapter.
(c) Forms and requirements. In accordance with Executive Order 11246, the following equal opportunity and nondiscrimination forms and requirements are applicable when the loan guarantee involves a construction contract between the borrower and the contractor that is more than $10,000. The Lender is responsible for seeing that the requirements of paragraphs (c)(1) through (c)(5) of this section are met:
(1) Equal Opportunity Agreement. Before loan closing, each borrower whose loan involves a construction contract of more than $10,000 must execute Form RD 400-1, “Equal Opportunity Agreement,” or the equivalent HUD form.
(2) Construction contract or subcontract in excess of $10,000. If the contract or a subcontract exceeds $10,000:
(i) The contractor or subcontractor must submit the Form RD 400-6, “Compliance Statement,” before or as a part of the bid or negotiation.
(ii) An Equal Opportunity Clause must be part of each contract and subcontract.
(iii) With notification of the contract award, the contractor must receive Form RD 400-3, “Notice to Contractors and Applicants,” signed by an RHCDS approval official, with an attached Equal Employment Opportunity poster. Posters in Spanish must be provided and displayed where a significant portion of the population is Spanish speaking.
(iv) Under Executive Order 11246 and Executive Order 11375, the contractor or subcontractor, subject to the requirements of paragraph (c)(5) of this section, is prohibited from discriminating because of race, color, religion, sex, or national origin to ensure equality of opportunity in all aspects of employment.
(3) One hundred or more employees and construction contract or subcontract exceeds $10,000. If the contractor or subcontractor has 100 or more employees and the contract or subcontract is for more than $10,000, in addition to the requirements of paragraph (c)(2) of this section, an annual report must be filed on or before March 31. Failure to file timely, complete, and accurate reports constitutes noncompliance with the Equal Opportunity Clause. Report forms are distributed by the Joint Reporting Committee and any questions on this form should be addressed by the contractor or subcontractor to the Joint Reporting Committee, 1800 G Street, NW., Washington, D.C. 20006.
(4) Fifty or more employees and construction contract or subcontract exceeds $50,000. If the contract or subcontract is more than $50,000 and the contractor or subcontractor has 50 or more employees, in addition to the requirements of paragraph (c)(2) of this section, each such contractor or subcontractor must be informed that the contractor or subcontractor must develop a written affirmative action compliance program for each of the contractor’s or subcontractor’s establishments and put it on file in each of the personnel offices within 120 days of the commencement of the contract or subcontract.
(5) Compliance reviews. Compliance reviews must be made during construction inspections to determine whether the required posters are displayed, the facilities are not segregated, and there is no evidence of discrimination in employment. Findings of the borrower or Lender (when inspections are made) will be documented in writing. If there is any evidence of noncompliance, the borrower or Lender will be made to achieve voluntary compliance. If the effort fails, the Compliance Review Officer will report all the facts in writing to the Administrator, Rural Housing and Community Development Service, 14th and Independence SW., Washington, D.C. 20250, Attention: Equal Opportunity Officer.
(6) Employee complaints. Any employee of or applicant for employment with such contractors or subcontractors may file a written complaint of discrimination with RHCDS.
(i) A written complaint of alleged discrimination must be signed by the complainant and should include the following information:
(A) The name and address (including telephone number, if any) of the complainant.
(B) The name and address of the person committing the alleged discrimination.
(C) A description of the acts considered to be discriminatory.
(D) Any other pertinent information that will assist in the investigation and resolution of the complaint.
(ii) Such complaint must be filed not later than 180 days from the date of the alleged discrimination, unless the time for filing is extended by RHCDS for good cause shown by the complainant.
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