§ 2938. — Nondiscrimination.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC2938]
TITLE 29--LABOR
CHAPTER 30--WORKFORCE INVESTMENT SYSTEMS
SUBCHAPTER V--ADMINISTRATION
Sec. 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 [20 U.S.C. 1681 et seq.]), 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) of this section, or with paragraph (2),
(3), (4), or (5) of subsection (a) of this section, 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) of this section, or whenever the Attorney General has
reason to believe that a State or other recipient of funds under this
chapter is engaged in a pattern or practice of discrimination 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
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 \1\
subsection (a)(1) of this section, 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.
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\1\ So in original.
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(Pub. L. 105-220, title I, Sec. 188, Aug. 7, 1998, 112 Stat. 1049.)
References in Text
The Age Discrimination Act of 1975, referred to in subsec. (a)(1),
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),
(2), is Pub. L. 92-318, June 23, 1972, 86 Stat. 235, as amended. Title
IX of the Act, known as the Patsy Takemoto Mink Equal Opportunity in
Education Act, is classified principally to chapter 38 (Sec. 1681 et
seq.) of Title 20, Education. For complete classification of title IX to
the Code, see Short Title note set out under section 1681 of Title 20
and Tables.
The Civil Rights Act of 1964, referred to in subsec. (a)(1), 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 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.
This Act, referred to in subsec. (a)(1), is Pub. L. 105-220, Aug. 7,
1998, 112 Stat. 936, as amended, known as the Workforce Investment Act
of 1998. For complete classification of this Act to the Code, see Short
Title note set out under section 9201 of Title 20, Education, and
Tables.
Prior Provisions
Provisions similar to this section were contained in section 1577 of
this title prior to repeal by Pub. L. 105-220.
Abolition of Immigration and Naturalization Service and Transfer of
Functions
For abolition of Immigration and Naturalization Service, transfer of
functions, and treatment of related references, see note set out under
section 1551 of Title 8, Aliens and Nationality.
Section Referred to in Other Sections
This section is referred to in section 2935 of this title.
