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Federal Coordination and Compliance Section

29 USC 1577

TITLE 29--LABOR

CHAPTER 19--JOB TRAINING PARTNERSHIP

SUBCHAPTER I--JOB TRAINING AND EMPLOYMENT ASSISTANCE SYSTEM

Part D--Federal and Fiscal Administrative Provisions


Sec. 1577. Nondiscrimination

(a) Applicability of equal protection provisions; prohibition of
construction of religious facility; nondiscrimination against
funded activity participants; participant citizenship

(1) For the purpose of applying the prohibitions against
discrimination on the basis of age under the Age Discrimination Act of
1975 [42 U.S.C. 6101 et seq.], on the basis of handicap under section
504 of the Rehabilitation Act [29 U.S.C. 794], on the basis of sex under
title IX of the Education Amendments of 1972 [20 U.S.C. 1681 et seq.],
or on the basis of race, color, or national origin under title VI of the
Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.], programs and
activities funded or otherwise financially assisted in whole or in part
under this chapter are considered to be programs and activities
receiving Federal financial assistance.
(2) No individual shall be excluded from participation in, denied
the benefits of, subjected to discrimination under, or denied employment
in the administration of or in connection with any such program because
of race, color, religion, sex, national origin, age, disability, or
political affiliation or belief.
(3) Participants shall not be employed on the construction,
operation, or maintenance of so much of any facility as is used or to be
used for sectarian instruction or as a place for religious worship.
(4) With respect to terms and conditions affecting, or rights
provided to, individuals who are participants in activities supported by
funds provided under this chapter, such individuals shall not be
discriminated against solely because of their status as such
participants.
(5) Participation in programs and activities financially assisted in
whole or in part under this chapter shall be open to citizens and
nationals of the United States, lawfully admitted permanent resident
aliens, lawfully admitted refugees and parolees, and other individuals
authorized by the Attorney General to work in the United States.

(b) Recipient noncompliance and Secretary's action

Whenever the Secretary finds that a State or other recipient has
failed to comply with a provision of law referred to in subsection
(a)(1) of this section, with paragraph (2), (3), (4), or (5) of
subsection (a) of this section, or with an applicable regulation
prescribed to carry out such paragraphs, the Secretary shall notify such
State or recipient and shall request it to comply. If within a
reasonable period of time, not to exceed sixty days, the State or
recipient fails or refuses to comply, the Secretary may--
(1) refer the matter to the Attorney General with a
recommendation that an appropriate civil action be instituted;
(2) exercise the powers and functions provided by title VI of
the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.], the Age
Discrimination Act of 1975 [42 U.S.C. 6101 et seq.], or section 504
of the Rehabilitation Act [29 U.S.C. 794], as may be applicable; or
(3) take such other action as may be provided by law.

(c) Civil action by Attorney General

When a matter is referred to the Attorney General pursuant to
subsection (b)(1) of this section, or whenever the Attorney General has
reason to believe that a State or other recipient is engaged in a
pattern or practice in violation of a provision of law referred to in
subsection (a)(1) of this section or in violation of paragraph (2), (3),
(4), or (5) of subsection (a) of this section, the Attorney General may
bring a civil action in any appropriate district court of the United
States for such relief as may be appropriate, including injunctive
relief.

(d) Job Corps members ultimate beneficiaries

For purposes of this section, Job Corps members shall be considered
as the ultimate beneficiaries of Federal financial assistance.

(e) Annual report by head of Directorate for Civil Rights

(1) The head of the office of the Department of Labor referred to as
the ``Directorate for Civil Rights'' shall annually prepare a report on
the administration and enforcement of this section.
(2) The report required by paragraph (1) shall include--
(A) an identification of the service delivery areas and States
that have been determined, during the preceding program year, not to
be in compliance with this section;
(B) for each such identification, the date on which the inquiry
was begun and whether the inquiry was initiated on the basis of a
complaint or at the initiative of the Department;
(C) an identification of the service delivery areas and States
awaiting findings by the Directorate;
(D) the number of service delivery areas and States that, during
the preceding year, were determined not to be in compliance with
this section, and the number for which insufficient data prevented
the making of such a determination, identifying the type of data
which is missing or inadequate;
(E) a statistical summary, broken down by race, sex, national
origin, disability, or age, of the number of inquiries undertaken
and their outcomes;
(F) an identification of any service delivery area or State that
has been determined, during the preceding year, to have failed to
conduct objective assessments as required by sections 1604 and 1644
of this title on a nondiscriminatory basis;
(G) the amount expended by the Directorate for the
administration and enforcement of this section, and the number and
percentage of full-time employees, and the full-time equivalent of
the part-time employees, engaged in such administration and
enforcement;
(H) the number of onsite visits conducted each year, and whether
the visits were initiated by the Department or by complaint;
(I) the number of cases referred to the Attorney General, and
for such cases--
(i) the civil actions taken by the Attorney General thereon;
and
(ii) the use, by the Secretary, of the authority of title VI
of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), the
Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.], or
section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794);
and

(J) a description of any other actions taken by the Secretary
under or related to the administration and enforcement of this
section.

(3) The report required by this subsection shall be submitted to the
Congress as part of the Secretary's annual report under section 1579(d)
of this title.

(f) Appropriations

In addition to any other sums authorized to be appropriated under
Federal law, there are authorized to be appropriated for the operations
and expenses of the Directorate such sums as may be necessary for the
purpose of increasing the number of full-time equivalent personnel
available to the Directorate in order to comply with the requirements of
this section.

(g) Regulations

The Secretary shall issue final regulations implementing this
section not later than 90 days after September 7, 1992.

(Pub. L. 97-300, title I, Sec. 167, Oct. 13, 1982, 96 Stat. 1352; Pub.
L. 102-367, title I, Secs. 103(b)(2), 144, Sept. 7, 1992, 106 Stat.
1026, 1051.)

References in Text

The Age Discrimination Act of 1975, referred to in subsecs. (a)(1),
(b)(2), and (e)(2)(I)(ii), 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 Title 42, The Public Health and Welfare. For
complete classification of this Act to the Code, see Short Title note
set out under section 6101 of Title 42 and Tables.
The Education Amendments of 1972, referred to in subsec. (a)(1), is
Pub. L. 92-318, June 23, 1972, 86 Stat. 235, as amended. Title IX of the
Education Amendments of 1972 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 Civil Rights Act of 1964, referred to in subsecs. (a)(1),
(b)(2), and (e)(2)(I)(ii), is Pub. L. 88-352, July 2, 1964, 78 Stat.
241, as amended. Title VI of the Civil Rights Act of 1964 is classified
generally to subchapter V (Sec. 2000d et seq.) of chapter 21 of Title
42, The Public Health and Welfare. For complete classification of this
Act to the Code, see Short Title note set out under section 2000a of
Title 42 and Tables.


Amendments

1992--Subsec. (a)(2). Pub. L. 102-367, Sec. 103(b)(2), substituted
``disability'' for ``handicap''.
Subsecs. (e) to (g). Pub. L. 102-367, Sec. 144, added subsecs. (e)
to (g).


Effective Date of 1992 Amendment

Amendment by Pub. L. 102-367 effective July 1, 1993, see section
701(a) of Pub. L. 102-367, set out as an Effective Date of 1992
Amendment; Transition Provisions note under section 1501 of this title.

Section Referred to in Other Sections

This section is referred to in sections 1553, 1575, 1576 of this
title; title 42 section 12899e.


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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
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Chief
Contact
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Federal Coordination and Compliance Section, NWB
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530

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