
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC5057]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                 CHAPTER 66--DOMESTIC VOLUNTEER SERVICES
 
             SUBCHAPTER IV--ADMINISTRATION AND COORDINATION
 
Sec. 5057. Nondiscrimination provisions


(a) In general

                              (1) Basis

        An individual with responsibility for the operation of a program 
    that receives assistance under this chapter shall not discriminate 
    against a participant in, or member of the staff of, such program 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) Definition

        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 chapter 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.).

(c) Religious discrimination

                           (1) In general

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

                            (2) Exception

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

(d) Rules and regulations

    The Director 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. 93-113, title IV, Sec. 417, Oct. 1, 1973, 87 Stat. 413; Pub. L. 
96-143, Sec. 12, Dec. 13, 1979, 93 Stat. 1079; Pub. L. 97-35, title VI, 
Sec. 608(f)(3), Aug. 13, 1981, 95 Stat. 488; Pub. L. 98-288, Sec. 30(a), 
May 21, 1984, 98 Stat. 197; Pub. L. 103-82, title III, Sec. 367, Sept. 
21, 1993, 107 Stat. 908.)

                       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, 78 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, substituting present 
provisions for former provisions relating to nondiscrimination, which 
set forth: in subsec. (a), general rule; in subsec. (b), special rule 
against sex discrimination; and in subsec. (c), applicability of 
nondiscrimination authorities of certain statutes and requirement for 
regulations.
    1984--Subsec. (c)(1). Pub. L. 98-288 struck out ``and the Peace 
Corps Act (22 U.S.C. 2501 et seq.)'' after ``under this chapter''.
    1981--Subsec. (c)(2). Pub. L. 97-35 substituted reference to the 
Secretary of Health and Human Services for references to the Secretary 
of Health and Human Resources and the Secretary of Health, Education, 
and Welfare.
    1979--Subsec. (a). Pub. L. 96-143, Sec. 12(a), inserted 
``handicap,'' after ``age,'' and inserted provisions requiring that for 
purposes of this subsection, and for purposes of title VI of the Civil 
Rights Act of 1964, section 794 of title 29, and the Age Discrimination 
Act of 1975, any program, project, or activity to which volunteers are 
assigned under this chapter be deemed to be receiving Federal financial 
assistance.
    Subsec. (c). Pub. L. 96-143, Sec. 12(b), added subsec. (c).


                    Effective Date of 1993 Amendment

    Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section 392 
of Pub. L. 103-82, set out as a note under section 4951 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 5061 of this title.
