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exercise their rights as private citizens and may participate in the activities listed above on their initiative, on non-
<br />AmeriCorps time, and using non-CNCS funds. Individuals should not wear the AmeriCorps logo while doing so.
<br />O. Nonduplication. Per § 2540.100, Corporation assistance may not be used to duplicate an activity that is already
<br />available in the locality of a program. In addition, unless the requirements of the nondisplacement clause (below)
<br />are met, Corporation assistance will not be provided to a private nonprofit entity to conduct activities that are the
<br />same or substantially equivalent to activities provided by a State or local government agency in which such entity
<br />resides.
<br />P. Nondisplacement. Per § 2540.100, an employer may not displace an employee or position, including partial
<br />displacement such as reduction in hours, wages, or employment benefits, as a result of the use by such employer
<br />of a participant in a program receiving Corporation assistance.
<br />1. An organization may not displace a volunteer by using a participant in a program receiving Corporation
<br />assistance.
<br />2. A service opportunity will not be created under this chapter that will infringe in any manner on the promotional
<br />opportunity of an employed individual.
<br />3. A participant in a program receiving Corporation assistance may not perform any services or duties or engage
<br />in activities that would otherwise be performed by an employee as part of the assigned duties of such
<br />employee.
<br />4. A participant in any program receiving assistance under this chapter may not perform any services or duties,
<br />or engage in activities, that:
<br />a. Will supplant the hiring of employed workers.
<br />b. Are services, duties, or activities with respect to which an individual has recall rights pursuant to a
<br />collective bargaining agreement or applicable personnel procedures.
<br />5. A participant in any program receiving assistance under this chapter may not perform services or duties that
<br />have been performed by or were assigned to any:
<br />a. Presently employed worker.
<br />b. Employee who recently resigned or was discharged.
<br />c. Employee who is subject to a reduction in force or who has recall rights pursuant to a collective bargaining
<br />agreement or applicable personnel procedures.
<br />d. Employee who is on leave (terminal, temporary, vacation, emergency, or sick).
<br />e. Employee who is on strike or who is being locked out.
<br />VIII. Non-displacement policy
<br />A Minnesota GreenCorps member, as an AmeriCorps participant, is not an employee or volunteer of the host site
<br />organization. A Minnesota GreenCorps member may not displace an employee of the host site, including partial
<br />displacement such as reduction in hours, wages, or employment benefits. A Minnesota GreenCorps member may not
<br />perform services or duties that have been performed by or were assigned to any:
<br />A. Currently employed worker
<br />B. Employee who recently resigned or was discharged
<br />C. Employee who is subject to a reduction in workforce or who has recall rights pursuant to a collective bargaining
<br />agreement or applicable personnel procedures
<br />D. Employee who is on leave (terminal, temporary, vacation, emergency, or sick)
<br />E. Employee who is on strike or is being locked out
<br />IX. Harassment and non-discrimination policy
<br />The Minnesota GreenCorps Program prohibits discrimination based on race, color, creed, religion, national origin, sex,
<br />marital status, status with regard to public assistance, membership, or activity in a local human rights commission,
<br />disability, sexual orientation, age, political affiliation, and, in most cases, religion.
<br />Harassment based on the protected class status listed in the paragraph above is also prohibited, including both overt
<br />acts of harassment and those acts that create a negative work environment.
<br />Discriminatory harassment is any behavior based on protected class status that is unwelcome and personally offensive
<br />and, thereby, may affect morale and interfere with the Member's ability to perform. For example, harassment based on
<br />national origin has been defined by the U.S. Equal Employment Opportunity Commission as "Ethnic slurs and other
<br />verbal or physical conduct relating to an individual's national origin."
<br />Sexual harassment has also been specifically defined by the Minnesota Human Rights Act, which states in regard to
<br />employment, that:
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