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Federal Coordination and Compliance Section

43 CFR 34.4

TITLE 43--PUBLIC LANDS: INTERIOR

PART 34--REQUIREMENTS FOR EQUAL OPPORTUNITY DURING CONSTRUCTION
AND OPERATION OF THE ALASKA NATURAL GAS TRANSPORTATION SYSTEM


Sec. 34.4 Discrimination prohibited.

(a) General. No person shall, on the grounds of race, creed, color,
national origin, or sex, be discriminated against or excluded from
receiving any benefit from or participating in any activity conducted
under any certificates, permits, rights-of-way, leases, and other
Federal authorizations to which this part applies.
(b) Specific actions in which discrimination is prohibited. No
person shall directly or through contractural or other arrangements,
discriminate in any activity to which this part applies, including the
following:
(1)(i) Employment policies and practices of employers, including
advertising, hiring or firing, up-grading, promotion, or demotion,
transfer, layoff, or termination, rates of pay, and other forms of
compensation or benefits, or other terms and conditions of employment;
(ii) Employment policies and practices of labor unions, including,
acceptance of applications for membership, enrolling or expelling
members, classification of members, referrals for employment, training
and apprenticeship

[[Page 479]]

programs, and the provision of other benefits of membership;
(iii) Employment policies and practices of employment agencies
including acceptance of applications for employment services, referrals
for employment, classification of individuals for employment, and the
provision of other benefits and services.
(2) Procurement practices, including manner of procurement,
qualification for contracting or placement on procurement source lists,
the composition of sources solicited, the use of pre-bid conferences,
solicitation for proposals or bids, the designation of quantities,
delivery schedules or other specifications, selection procedures, or
performance standards.
(3) The provision of services, financial aid and other benefits
provided in whole or in part, under any Federal authorization to which
this part applies, more specifically including actions that result in
the:
(i) Denial to an individual or establishment of any service,
financial aid, or other benefits;
(ii) Provision of any service, financial aid, or other benefit to an
individual, or establishment which is different, or is provided in a
different manner, from that provided to others;
(iii) Subjection of an individual to segregation or separate
treatment in any matter related to the receipt of any service, financial
aid, or other benefits;
(iv) Restriction of an individual in any way in the enjoyment of any
advantage or privilege enjoyed by others receiving any service,
financial aid, or other benefit;
(v) Treatment of an individual that is different from others in the
determination of any admission, enrollment, eligibility, membership
requirements or other conditions which individuals must meet in order to
be provided any service, financial aid, or other benefit;
(vi) Denial to an individual of an opportunity to participate in any
activity that is different from that afforded others;
(vii) Denial to an individual of the opportunity to participate as a
member of any planning or advisory body that participates in the
provision of any service, financial aid, or other benefit;
(viii) Use of criteria or methods of administration which have the
effect of subjecting individuals or establishments to discrimination in
the determination of the types of services, financial aid, or other
benefits, or the facilities that will be provided; or the class of
individuals or establishments to which, or the situation in which, such
services, financial aids, other benefits, or facilities will be
provided; or the class of individuals or establishments to be provided
an opportunity to participate in any activity; and
(ix) Selection of a site or location for facilities for the
provision of services, financial aid, or other benefits, with the
purpose or effect of substantially impairing the objectives of section
17, the President's Decision, and implementing rules, regulations, and
orders.
(c) Scope of prohibited discrimination. (1) The enumeration of
specific forms of prohibited discrimination in paragraph (b) of this
section does not limit the general prohibition in paragraph (b) of this
section.
(2) Action taken in compliance with an affirmative action plan
developed pursuant to these regulations shall not be deemed a violation
of this section.





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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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