
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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 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 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.

                  Section Referred to in Other Sections

    This section is referred to in section 2935 of this title.
