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Federal Coordination and Compliance Section

42 USC 5057

TITLE 42--THE PUBLIC HEALTH AND WELFARE

CHAPTER 66--DOMESTIC VOLUNTEER SERVICES

SUBCHAPTER IV--ADMINISTRATION AND COORDINATION


Sec. 5057. Nondiscrimination provisions



(a) In general

(1) Basis

An individual with responsibility for the operation of a program
that receives assistance under this chapter shall not discriminate
against a participant in, or member of the staff of, such program 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) Definition

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 chapter 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.).

(c) Religious discrimination

(1) In general

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

(2) Exception

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

(d) Rules and regulations

The Director 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. 93-113, title IV, Sec. 417, Oct. 1, 1973, 87 Stat. 413; Pub. L.
96-143, Sec. 12, Dec. 13, 1979, 93 Stat. 1079; Pub. L. 97-35, title VI,
Sec. 608(f)(3), Aug. 13, 1981, 95 Stat. 488; Pub. L. 98-288, Sec. 30(a),
May 21, 1984, 98 Stat. 197; Pub. L. 103-82, title III, Sec. 367, Sept.
21, 1993, 107 Stat. 908.)

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, 78 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, substituting present
provisions for former provisions relating to nondiscrimination, which
set forth: in subsec. (a), general rule; in subsec. (b), special rule
against sex discrimination; and in subsec. (c), applicability of
nondiscrimination authorities of certain statutes and requirement for
regulations.
1984--Subsec. (c)(1). Pub. L. 98-288 struck out ``and the Peace
Corps Act (22 U.S.C. 2501 et seq.)'' after ``under this chapter''.
1981--Subsec. (c)(2). Pub. L. 97-35 substituted reference to the
Secretary of Health and Human Services for references to the Secretary
of Health and Human Resources and the Secretary of Health, Education,
and Welfare.
1979--Subsec. (a). Pub. L. 96-143, Sec. 12(a), inserted
``handicap,'' after ``age,'' and inserted provisions requiring that for
purposes of this subsection, and for purposes of title VI of the Civil
Rights Act of 1964, section 794 of title 29, and the Age Discrimination
Act of 1975, any program, project, or activity to which volunteers are
assigned under this chapter be deemed to be receiving Federal financial
assistance.
Subsec. (c). Pub. L. 96-143, Sec. 12(b), added subsec. (c).


Effective Date of 1993 Amendment

Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section 392
of Pub. L. 103-82, set out as a note under section 4951 of this title.

Section Referred to in Other Sections

This section is referred to in section 5061 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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