Federal Coordination And Compliance Section

29 USC 2938




2938. Nondiscrimination

(a) In general

(1) Federal financial assistance
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 disability under section 504
of the Rehabilitation Act of 1973 (>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 Act are considered
to be programs and activities receiving Federal financial assistance.

(2) Prohibition of discrimination regarding participation, benefits,
and employment

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 or
activity because of race, color, religion, sex (except as otherwise
permitted under title IX of the Education Amendments of 1972),
national origin, age, disability, or political affiliation or belief.

(3) Prohibition on assistance for facilities for sectarian instruction or
religious worship

Participants shall not be employed under this chapter to carry out the
construction, operation, or maintenance of any part of any facility that
is used or to be used for sectarian instruction or as a place for religious
worship (except with respect to the maintenance of a facility that is not
primarily or inherently devoted to sectarian instruction or religious
worship, in a case in which the organization operating the facility is part
of a program or activity providing services to participants).

(4) Prohibition on discrimination on basis of participant status

No person may discriminate against an individual who is a participant
in a program or activity that receives funds under this chapter, with
respect to the terms and conditions affecting, or rights provided to,
the individual, solely because of the status of the individual as a participant.

(5) Prohibition on discrimination against certain noncitizens

Participation in programs and activities or receiving funds under this
chapter shall be available to citizens and nationals of the United States,
lawfully admitted permanent resident aliens, refugees, asylees, and parolees,
and other immigrants authorized by the Attorney General to work in the
United States.

(b) Action of Secretary

Whenever the Secretary finds that a State or other recipient of funds
under this chapter has failed to comply with a provision of law referred
to in subsection (a)(1), or with paragraph (2), (3), (4), or (5) of
subsection (a), including an applicable regulation prescribed to carry
out such provision or paragraph, the Secretary shall notify such State
or recipient and shall request that the State or recipient comply. If within
a reasonable period of time, not to exceed 60 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; or
(2) take such other action as may be provided by law.

(c) Action of attorney general

When a matter is referred to the Attorney General pursuant to
subsection (b)(1), or whenever the Attorney General has reason
to believe that a State or other recipient of funds under this title is
engaged in a pattern or practice of discrimination in violation of a
provision of law referred to in subsection (a)(1) or in violation of
paragraph (2), (3), (4), or (5) of subsection (a), 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

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

(e) Regulations

The Secretary shall issue regulations necessary to implement this section
not later than one year after August 7, 1998. Such regulations shall
adopt standards for determining discrimination and procedures for
enforcement that are consistent with the Acts referred to in a subsection
(a)(1), as well as procedures to ensure that complaints filed under this
section and such Acts are processed in a manner that avoids duplication of effort.

References in Text

The Education Amendments of 1972, referred to in subsec. (a)(2), 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 (section 1681 et seq.) of Title 20. For complete classification of this
Act to the Code, see Short Title note set out under section 1001 of
Title 20 and Tables.

Effective Dates

1998 Acts. Section effective Aug. 7, 1998, except as otherwise provided,
see section 507 of Pub.L. 105-220, set out as a note under section
9201 of Title 20.

COR Home  |  Grant-Related  |  Conducted  |  LEP  |  Publications  |  By Agency  |  Other Links   |  Contact   |  Index

This page was last updated on November 13, 2000

> >
Updated August 6, 2015

Was this page helpful?

Was this page helpful?
Yes No