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Federal Coordination and Compliance Section

42 USC 12635

TITLE 42--THE PUBLIC HEALTH AND WELFARE

CHAPTER 129--NATIONAL AND COMMUNITY SERVICE

SUBCHAPTER I--NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

Division F--Administrative Provisions


Sec. 12635. Nondiscrimination

(a) In general

(1) Basis

An individual with responsibility for the operation of a project
that receives assistance under this subchapter shall not
discriminate against a participant in, or member of the staff of,
such project on the basis of race, color, national origin, sex, age,
or political affiliation of such participant or member, or on the
basis of disability, if the participant or member is a qualified
individual with a disability.

(2) ``Qualified individual with a disability'' defined

As used in paragraph (1), the term ``qualified individual with a
disability'' has the meaning given the term in section 12111(8) of
this title.

(b) Federal financial assistance

Any assistance provided under this subchapter shall constitute
Federal financial assistance for purposes of title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education
Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794), and the Age Discrimination
Act of 1975 (42 U.S.C. 6101 et seq.), and shall constitute Federal
financial assistance to an education program or activity for purposes of
the Education Amendments of 1972 (20 U.S.C. 1681 et seq.).

(c) Religious discrimination

(1) In general

Except as provided in paragraph (2), an individual with
responsibility for the operation of a project that receives
assistance under this subchapter shall not discriminate on the basis
of religion against a participant in such project or a member of the
staff of such project who is paid with funds received under this
subchapter.

(2) Exception

Paragraph (1) shall not apply to the employment, with assistance
provided under this subchapter, of any member of the staff, of a
project that receives assistance under this subchapter, who was
employed with the organization operating the project on the date the
grant under this subchapter was awarded.

(d) Rules and regulations

The Chief Executive Officer shall promulgate rules and regulations
to provide for the enforcement of this section that shall include
provisions for summary suspension of assistance for not more than 30
days, on an emergency basis, until notice and an opportunity to be heard
can be provided.

(Pub. L. 101-610, title I, Sec. 175, Nov. 16, 1990, 104 Stat. 3161; Pub.
L. 103-82, title I, Sec. 115, Sept. 21, 1993, 107 Stat. 862.)

References in Text

The Civil Rights Act of 1964, referred to in subsec. (b), is Pub. L.
88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the Act is
classified generally to subchapter V (Sec. 2000d et seq.) of chapter 21
of this title. For complete classification of this Act to the Code, see
Short Title note set out under section 2000a of this title and Tables.
The Education Amendments of 1972, referred to in subsec. (b), is
Pub. L. 92-318, June 23, 1972, 86 Stat. 235, as amended. Title IX of the
Act is classified principally to chapter 38 (Sec. 1681 et seq.) of Title
20, Education. For complete classification of this Act to the Code, see
Short Title of 1972 Amendment note set out under section 1001 of Title
20 and Tables.
The Age Discrimination Act of 1975, referred to in subsec. (b), is
title III of Pub. L. 94-135, Nov. 28, 1975, 89 Stat. 728, as amended,
which is classified generally to chapter 76 (Sec. 6101 et seq.) of this
title. For complete classification of this Act to the Code, see Short
Title note set out under section 6101 of this title and Tables.


Amendments

1993--Pub. L. 103-82 amended section generally, making revisions
relating to discrimination based on disability, the laws for which
assistance under this subchapter constitutes Federal financial
assistance, and the responsibility for promulgating regulations.


Effective Date of 1993 Amendment

Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section 123
of Pub. L. 103-82, set out as a note under section 1701 of Title 16,
Conservation.

Section Referred to in Other Sections

This section is referred to in sections 12511, 12592 of this title.


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This page was last updated on November 13, 2000

General Information Federal Coordination and Compliance
Federal Coordination and Compliance
Title VI Hotline: 1-888-TITLE-06
(1-888-848-5306) (Voice / TTY)
Leadership
Deeana Jang
Chief
Contact
U.S. Department of Justice
Civil Rights Division
Federal Coordination and Compliance Section, NWB
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530

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