Non-Discrimination Plan | Minnesota Department of Agriculture

MDA NON-DISCRIMINATION IMPLEMENTATION PLAN

Notice of Non-Discrimination

The Minnesota Department of Agriculture (MDA) does not discriminate on the basis of race, color, national origin, disability, age, sex, or as an individual with limited-English proficiency (LEP) in administration of our programs or activities, and the MDA does not intimidate or retaliate against any individual because they have exercised their rights to participate in actions protected by, or oppose actions prohibited by, 40 C.F.R. Parts 5 and 7 or for the purpose of interfering with such rights.

The MDA is responsible for coordination of compliance efforts and receipt of inquiries concerning non-discrimination requirements implemented by 40 C.F.R. Parts 5 and 7 (Non-discrimination in Programs or Activities Receiving Federal Assistance from the Environmental Protection Agency), including Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975, Title IX of the Education Amendments of 1972; and Section 13 of the Federal Water Pollution Control Act Amendments of 1972 (hereinafter referred to collectively as the federal non-discrimination statutes).

Reprisal (Retaliation) Prohibited

No agency, officer, employee, or agent of the MDA, including persons representing the MDA and its programs, shall intimidate, threaten, harass, coerce, discriminate against, or otherwise retaliate against anyone who has filed a complaint of alleged discrimination or who participates in any manner in an investigation or other proceeding raising claims of discrimination

If you have any questions about this notice or any of the MDA’s non-discrimination programs, policies or procedures, you may contact:

Minnesota Department of Agriculture
Sabrenia Young
Non-Discrimination Coordinator
625 Robert St N St. Paul, MN 55155
651-201-6657
Sabrenia.Young@state.mn.us

If you believe that you have been discriminated against with respect to an MDA program or activity, you may contact the Non-Discrimination Coordinator identified above or visit the MDA website to learn how and where to file a complaint of discrimination.

Grievance Procedures

The MDA will ensure that the grievance procedures to process discrimination complaints filed under federal non-discrimination statutes are widely and prominently published in print and online. The MDA will review all grievance procedures on an annual basis, and revise as necessary, to allow for prompt and fair resolution of discrimination complaints.

The Non-Discrimination Coordinator shall be responsible for the coordination and oversight of the grievance procedures.

If you believe you have been excluded from participation in, been denied the benefits of the programs, services, and activities of applicants or recipients of federal financial assistance based on your race, color, national origin, disability, age, sex, or as an individual with limited-English proficiency (LEP), and/or you believe you have been subjected to discrimination, intimidation, and/or harassment based on the above criteria, you may file a discrimination complaint with the non-discrimination coordinator.

If a discrimination complaint about MDA programs or services cannot be resolved informally, (through discussion, written, and/or verbal) the complainant may file a formal complaint with the Non-Discrimination Coordinator using the following procedures.

The purpose of this form is to assist you in filing an MDA program discrimination complaint. For help filling out the form, you may call 651-201-6657 or 800-967-2474 or 711 TTY. You are not required to use the complaint form. You may write a letter instead. If you write a letter, it must contain all of the information requested in this form and be signed by you or your authorized representative. Incomplete information will delay the processing of your complaint.

Submit complaint to the Non-Discrimination Coordinator no later than 180 days after the date of the alleged discrimination.
A Grievance Form can be obtained by calling 651-201-6000 and asking for the form to be mailed to you or by downloading the form from the MDA Website. The following information is required on the complaint form, or you may submit a signed written statement that contains all the following written information.
1. Your name, address, and how to contact you (phone number, email address, etc.)
2. The date(s) on which the alleged discriminatory event(s) occurred
3. A statement that describes how, why, when, and where you believe you were excluded from participation in, were denied the benefits of, or were subjected to discrimination, on the basis of race, color, national origin, disability, age, sex, or as an individual with limited-English proficiency (LEP)
4. The location, names, and contact information of any witnesses to the discriminatory event(s)
5. If a complaint has been filed with another agency or court, include the agency or court where it was filed with a contact name
6. Your signature or the signature of your designee
If the complainant is unable to write a complaint, the Non-Discrimination Coordinator should be contacted for additional assistance. The MDA is committed to providing open access to its services to persons with limited-English proficiency (LEP) or disabilities.
The signed and dated complaint should be mailed to:

Minnesota Department of Agriculture
Sabrenia Young
Non-Discrimination Coordinator
625 Robert St N. St. Paul, MN 55155
Telephone: (651) 201-6657

You may also send a complaint by fax to 651-201-6118 or e-mail to Sabrenia.Young@state.mn.us. We must have a signed copy of your complaint, so if you send your complaint by email, be sure to attach the signed copy to your email. Incomplete information or an unsigned form will delay the processing of your complaint.
A letter acknowledging receipt of the complaint will be issued to the complainant within five business days of receiving the complaint.
Complaints will be investigated promptly and fairly; the preponderance of the evidence standard will be applied during the analysis of the complaint.
Reasonable measures will be taken to preserve any information that is confidential.
The Non-Discrimination Coordinator will review the complaint and may solicit additional information from the complainant. If the additional information is requested and not received within 30 days, the case may be closed. The case may also be closed if the complainant no longer wishes to pursue the case.
In cases where the complaint is against one of the MDAs subrecipients, the Non-Discrimination Coordinator will provide the respondent with the opportunity to respond to the allegations in writing. The respondent will have 10 calendar days from the date of the MDA’s written notification of acceptance of the complaint to furnish their response to the allegations. The Non-Discrimination Coordinator will follow-up and investigate the information provided in the response as appropriate and relevant.
Written notice will be promptly provided about the outcome of the investigation, including whether discrimination is found and the description of the investigation process
The MDA assures that intimidation and retaliation are prohibited and that claims of intimidation and retaliation will be handled promptly and fairly pursuant to our grievance procedures in the same manner as other claims of discrimination.

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Public Participation and Engagement Plan

The MDA will ensure its public participation and engagement plan is available to all persons regardless of race, color, national origin, including limited-English proficiency (LEP), age, disability, sex, or prior exercise of rights or opposition to actions prohibited under federal non-discrimination laws; and ensure that the factors used to determine the appropriate time, place, location, duration, and security at public meetings are developed and applied in a non-discriminatory manner at no cost to the participant.

The MDA provides a long list of services to Minnesota farmers and consumers. The work we do touch the lives of every Minnesotan, every day.

Agriculture is a major contributor to the economic health of Minnesota, with farm-level production and agricultural processing having an estimated output impact of more than $112 billion and an estimated total employment impact of more than 431,000 jobs. Changes in consumer habits and tastes, a more urban population, new and increasingly competitive domestic and global markets, transportation, and communication innovations, and evolving environmental and energy policy, among other factors, offer challenges and opportunities.

The MDA’s mission is to enhance all Minnesotans’ quality of life by equitably ensuring the integrity of our food supply, the health of our environment, and the strength and resilience of our agricultural economy.

The MDA will continue to emphasize the importance of the involvement of MDA’s management in the public participation and engagement plan by annual reviews and training.
The MDA will always consider accessibility and accommodations in all its public interactions. When the MDA has in-person gatherings they will work with community partners to ensure locations are safe and accessible (considering parking, transportation accessibility) to all community members including those with disability accommodation needs and LEP access needs.
The MDA encourages public involvement and will provide ample notice to the public on programs, workshops, and meetings as needed on our website at www.mda.state.mn.us and MDA’s social media platforms (Facebook, Twitter @mnagriculture). The MDA posts all public documentation on the website for community review and reference.
All MDA communications will include information directing individuals with disabilities and LEP individuals to Sabrenia Young, Non-Discrimination Coordinator, for accommodation needs. The MDA will ensure that vital communication is provided in prominent LEP (limited English proficient) languages, as needed and that accessibility devices are provided at no cost.

MDA Plan to Ensure Meaningful Access to Programs and Activities for Persons with Limited-English Proficiency (LEP) and Disabilities

The MDA has developed, publicized, and implemented written procedures to ensure meaningful access to all MDA programs and activities for all persons, including access for limited-English proficient (LEP) individuals and individuals with disabilities at no cost to those individuals.

Limited-English Proficiency (LEP) Plan

The MDA will have a limited-English proficiency plan that will service the entire state of Minnesota.

For each applicable program, service, or meeting, a separate and specific analysis will be conducted to determine the most cost-effective means of delivering competent and accurate language services to LEP populations as needed.

An LEP four-factor analysis was conducted, which is outlined below. The results of the LEP four-factor analysis will assist the MDA in the development of limited-English proficiency plan which will address the identified needs of the LEP populations served. The MDA will conduct a four-factor analysis in the relevant community where the MDA will be conducting a public program or activity.

The following four-factor analysis will be examined to determine the level and extent of language assistance: (1) the number or proportion of LEP persons served or likely to be encountered by an MDA program, services, or meeting; (2) the frequency with which LEP individuals come in contact with MDA programs, services, or meeting; (3) the nature and importance of the program, service, or meeting; (4) the resources available to the recipients and associated costs.

Factor #1: Demography (conducted by Minnesota State Demographic Center)

The U.S. Census Bureau records language proficiency for individuals age 5 years and over. At most recent estimate (American Community Survey 2019), about 4.4% of the population 5 years and over speaks a language other than English at home and speaks English less than “very well.” Of the 5,290,011 residents aged 5 years and over, 4.4% amounts to roughly 232,760.

Based on the most current data available, an estimated 2.4% (or 52,641) of Minnesotans live in a limited English-speaking household. The top three language categories spoken in Minnesota within limited English-speaking households are Spanish (16,522), other and unspecific languages, including African languages (13,968), and other Asian and Pacific Island languages (7,513).

Factor #2: Frequency

The MDA will conduct annual reviews, as accurately as possible, about the frequency with which LEP persons from different language groups come into contact with MDA programs, services, or meetings. To date, there is no data about this.

Factor #3: Importance

The MDA understands the importance of establishing an LEP plan. The MDA knows the importance of providing annual reviews to ensure that the LEP plan is being utilized.

Factor #4: Resources

The MDA contracts with various vendors to provide language services necessary to the agency’s achievement of the LEP plan.

Foreign Language Interpreting and Translation: The MDA will work with the vendor from the state-approved list of vendors for interpreting and translation, providing written and oral language services. The MDA will utilize these services as needed.

All written, electronic, or multimedia material intended for distribution to the public, and that is developed, used, or distributed by the MDA, will contain a statement indicating the information can be translated for individuals with LEP upon request, in a timely manner

The MDA will conduct annual reviews to ensure that appropriate training is provided for MDA staff to ensure we are accommodating individuals with LEP. The MDA will notify the public that language services are available at no cost to the requester. This communication will be provided in our literature, postings (social media), and on the MDA website .

Disability Policy

All written, electronic, or multimedia material developed, used, or distributed by the MDA intended for distribution to the public will contain a statement indicating the information is available in alternative formats to individuals with disabilities upon request. The alternative format will be provided in a timely manner. The MDA will provide information in more than one alternative format depending on need.

Sign Language Interpreting: The MDA is dedicated to providing quality communication services for the hearing impaired. The state of Minnesota contracts with ASL Interpreting Services, Inc. to provide interpreters who are ethical and professional. The availability of language services is communicated through the MDA’s Affirmative Action Plan which is available on the MDA’s internal and external website.

When contacting the general public by telephone, the MDA will ensure communication is equally accessible and effective to people who are deaf, deafblind, hard of hearing, or speech-impaired by providing telecommunication access.

The following statement will be included on all new and existing materials:

In accordance with the Americans with Disabilities Act, this information is available in alternative forms of communication upon request by calling 651-201-6000. TTY users can call the Minnesota Relay Service at 711. The MDA is an equal opportunity employer and provider.

Prior to holding a meeting, the MDA will ask if any participants require reasonable accommodation, auxiliary aids, or materials in alternative formats.

Public meetings or events hosted by the MDA will be held in a location that meets the State Building Code requirements relating to accessibility for persons with disabilities.

The MDA will not charge an individual with a disability or group of individuals with disabilities for the cost of providing a reasonable modification.

The MDA will not allow retaliation against an individual with a disability or group of individuals with disabilities for requesting an accommodation, modification, or auxiliary aids or services on behalf of themselves or or a third party; or who reports a violation under this policy, files a charge or complaint in connection with this policy or Title II of the ADA, or participates in a related investigation or proceeding.