
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC12635]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
               CHAPTER 129--NATIONAL AND COMMUNITY SERVICE
 
    SUBCHAPTER I--NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
 
                  Division F--Administrative Provisions
 
Sec. 12635. Nondiscrimination


(a) In general

                              (1) Basis

        An individual with responsibility for the operation of a project 
    that receives assistance under this subchapter shall not 
    discriminate against a participant in, or member of the staff of, 
    such project on the basis of race, color, national origin, sex, age, 
    or political affiliation of such participant or member, or on the 
    basis of disability, if the participant or member is a qualified 
    individual with a disability.

       (2) ``Qualified individual with a disability'' defined

        As used in paragraph (1), the term ``qualified individual with a 
    disability'' has the meaning given the term in section 12111(8) of 
    this title.

(b) Federal financial assistance

    Any assistance provided under this subchapter shall constitute 
Federal financial assistance for purposes of title VI of the Civil 
Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education 
Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 of the 
Rehabilitation Act of 1973 (29 U.S.C. 794), and the Age Discrimination 
Act of 1975 (42 U.S.C. 6101 et seq.), and shall constitute Federal 
financial assistance to an education program or activity for purposes of 
the Education Amendments of 1972 (20 U.S.C. 1681 et seq.).

(c) Religious discrimination

                           (1) In general

        Except as provided in paragraph (2), an individual with 
    responsibility for the operation of a project that receives 
    assistance under this subchapter shall not discriminate on the basis 
    of religion against a participant in such project or a member of the 
    staff of such project who is paid with funds received under this 
    subchapter.

                            (2) Exception

        Paragraph (1) shall not apply to the employment, with assistance 
    provided under this subchapter, of any member of the staff, of a 
    project that receives assistance under this subchapter, who was 
    employed with the organization operating the project on the date the 
    grant under this subchapter was awarded.

(d) Rules and regulations

    The Chief Executive Officer shall promulgate rules and regulations 
to provide for the enforcement of this section that shall include 
provisions for summary suspension of assistance for not more than 30 
days, on an emergency basis, until notice and an opportunity to be heard 
can be provided.

(Pub. L. 101-610, title I, Sec. 175, Nov. 16, 1990, 104 Stat. 3161; Pub. 
L. 103-82, title I, Sec. 115, Sept. 21, 1993, 107 Stat. 862.)

                       References in Text

    The Civil Rights Act of 1964, referred to in subsec. (b), 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 this title. For complete classification of this Act to the Code, see 
Short Title note set out under section 2000a of this title and Tables.
    The Education Amendments of 1972, referred to in subsec. (b), 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 Age Discrimination Act of 1975, referred to in subsec. (b), 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 this 
title. For complete classification of this Act to the Code, see Short 
Title note set out under section 6101 of this title and Tables.


                               Amendments

    1993--Pub. L. 103-82 amended section generally, making revisions 
relating to discrimination based on disability, the laws for which 
assistance under this subchapter constitutes Federal financial 
assistance, and the responsibility for promulgating regulations.


                    Effective Date of 1993 Amendment

    Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section 123 
of Pub. L. 103-82, set out as a note under section 1701 of Title 16, 
Conservation.

                  Section Referred to in Other Sections

    This section is referred to in sections 12511, 12592 of this title.
