Title 29--LABOR
Chapter


include the adoption of a written affirmative action plan. (b) Definition of affirmative action. Affirmative action is not mere passive nondiscrimination. It...


selection as apprentices and otherwise ensure the prompt achievement of full and equal opportunity in apprenticeship, each sponsor shall further provide in its affirmative...


there are fewer minorities and/or women (minority and nonminority) on its existing lists of eligibles than would reasonably be expected in view of the analysis...


rejection of each applicant, the records pertaining to interviews of applicants, the original application for each applicant, information relative to the operation of...


are complying with these regulations and will also conduct [[Page 302]] compliance reviews when circumstances, including receipt of complaints not referred to...


the parties represented on such committee) with Federal or state laws or regulations requiring equal opportunity may be grounds for the imposition of sanctions in accordance...


origin, or sex with regard to apprenticeship or that the equal opportunity standards with respect to his or her selection have not been followed in the operation of...


or extended determination, it shall take the steps necessary to permit such determination if it finds that no person or party affected by such determination will...


in accordance with this part and voluntary corrective action has not been taken by the program sponsor, the Department shall institute proceedings to deregister...


[Code of Federal Regulations] [Title 29, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR30.14] [Page 304] TITLE 29--LABOR PART 30--EQUAL EMPLOYMENT OPPORTUNITY IN APPRENTICESHIP AND TRAINING-- Table of Contents Sec. 30.14 Reinstatement of program registration. Any apprenticeship program deregistered pursuant to this part may be reinstated upon presentation of adequate evidence to the Secretary that the apprenticeship program is operating in accordance with this part. ...


part. (2) Within 60 days of the effective date of these regulations, each State Apprenticeship Council shall complete development of a revised equal opportunity plan...


certified mail, return receipt requested, to the appropriate sponsor (Federal or state registered), the State Apprenticeship Council, or both, as the case may be. Such...


or privilege secured by title VII of the Civil Rights Act of 1964, as amended, Executive Order 11246, as amended, or because he or she has made a complaint, testified, assisted,...


[Code of Federal Regulations] [Title 29, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR30.18] [Page 305] TITLE 29--LABOR PART 30--EQUAL EMPLOYMENT OPPORTUNITY IN APPRENTICESHIP AND TRAINING-- Table of Contents Sec. 30.18 Nondiscrimination. The commitments contained in the sponsor's affirmative action program are not intended and shall not be used to discriminate against any qualified applicant or apprentice on the basis of race, color, religion, national origin, or sex. ...


Exemptions may be granted for good cause. [[Page 306]] State Apprenticeship Councils shall notify the Department of any such exemptions granted affecting...


the end that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be...


(b) The term applicant means one who submits an application, request, or plan required to be approved by the Secretary, or by a primary recipient, as a condition...


origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity receiving Federal financial assistance...


the cooperation of recipients in obtaining compliance with this part and shall provide assistance and guidance to recipients to help them comply voluntarily with this part. ...


to which this part applies, and every contract, subcontact, agreement or arrangement to carry out such program except a program to which paragraph (b) of this section applies,...


practices of recipients to determine whether they are complying with this part. (b) Complaints. Any person who believes himself or any specific class of individuals to...


this part, and if the noncompliance or threatened noncompliance cannot be corrected by informal means, compliance with this part may be effected by the suspension or...


notice shall be given by registered or certified mail, return receipt requested, to the affected applicant or recipient. This notice shall advise the applicant...


hearing examiner shall either make an initial decision, if so authorized, or certify the entire record including his recommended findings and proposed decision to the Secretary for...


[Code of Federal Regulations] [Title 29, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR31.11] [Page 315] TITLE 29--LABOR PART 31--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF THE DEPARTMENT OF LABOR-- EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964--Table of Contents Sec. 31.11 Judicial review. Action taken pursuant to section 602 of the Act is subject to judicial review as provided in section 603 of the Act. [29 FR 16284, Dec. 4, 1964. Redesignated at 38 FR 17958, July 5, 1973] ...


like directions heretofore issued by any officer of the Department which impose requirements designed to prohibit any discrimination against individuals on the ground of...


discrimination on the basis of handicap in any program or activity receiving or benefiting from Federal financial assistance. The purpose of this part is to...


assistance from the Department of Labor, and every program or activity that receives or benefits from such assistance, but is limited to the particular program...


means the Rehabilitation Act of 1973, Public Law 93-112, as amended by the Rehabilitation Act Amendments of 1974, Public Law 93-516, and by the Rehabilitation,...


shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program...


financial assistance for a program or activity to which this part applies shall submit an assurance, on a form specified by the Assistant Secretary, that the program will...


(a) Remedial action. (1) If the Assistant Secretary finds that a recipient has discriminated against persons on the basis of handicap in violation of section 504 of this part,...


[Code of Federal Regulations] [Title 29, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR32.7] [Page 321] TITLE 29--LABOR PART 32--NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS AND ACTIVITIES RECEIVING OR BENEFITING FROM FEDERAL FINANCIAL ASSISTANCE-- Table of Contents Subpart A--General Provisions Sec. 32.7 Designation of responsible employee. A recipient, other than a small recipient shall designate at least one person to coordinate its efforts to comply with this part. ...


appropriate initial and continuing steps to notify participants, beneficiaries, referral sources, applicants, and employees, including those with impaired vision or...


may require any recipient that provides services to fewer than 15 beneficiaries or with fewer than 15 employees, or any class of such recipients, to comply with Secs....


opportunities. (a) The obligation to comply with this part is not obviated or alleviated by the existence of any state or local law or other requirement that,...


Discrimination prohibited. (a) General. (1) No qualified handicapped individual shall, on the basis of [[Page 322]] handicap, be subjected...


Reasonable accommodation. (a) A recipient shall make reasonable accommodation to the known physical or mental limitations of an otherwise qualified handicapped...


qualifications. (a) The recipient shall provide for, and shall adhere to, a schedule for the review of the appropriateness of all job qualifications to ensure that to...


Preemployment inquiries. (a) Except as provided in paragraphs (b) and (c) of this section, a recipient may not conduct preemployment medical examinations or...


of employment openings. Recipients should request State employment security agencies to refer qualified handicapped individuals for consideration...


Labor unions and recruiting and training agencies. (a) The performance of a recipient's obligations under the nondiscrimination provisions of these regulations may necessitate...


shall, because a recipient's facilities are inaccessible to or unusable by handicapped individuals, be denied the benefits of, be excluded from participation in,...


each program or activity to which this part applies so that the program or activity, when viewed in its entirety, is readily accessible to qualified handicapped...


or part of a facility constructed by, on behalf of, or for the use of a recipient shall be designed and constructed in such manner that the facility or part of...


Assistant Secretary shall to the fullest extent practicable seek the cooperation of recipients in obtaining compliance with this part and shall provide assistance and...


shall from time-to-time review the practices of recipients to determine whether they are complying with this part. (b) Adoption of grievance procedures. A...


to be a failure or threatened failure to comply with this regulation and if the noncompliance or threatened noncompliance cannot be corrected by informal means, the Department...


504 of the Rehabilitation Act of 1973, as amended, and the regulations in this part shall be governed by the Department of Labor's rules of practice for...


adversely affected by an order suspending, terminating or refusing to grant or continue Federal financial assistance shall be restored to full eligibility to...


not less than three years records regarding complaints and actions taken thereunder, and such employment or other records as required by the Assistant Secretary or by this...


during normal business hours to its places of business, books, records and accounts pertinent to compliance with the Act, and all rules and regulations promulgated...


the Act and the regulations contained in this part 32 shall be made by the Assistant Secretary. Appendix A to Part 32 ...


Amendments of [[Page 332]] 1978, which amended section 504 of the Rehabilitation Act of 1973 to prohibit discrimination on the basis of handicap...


[Code of Federal Regulations] [Title 29, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR33.2] [Page 332] TITLE 29--LABOR PART 33--ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE DEPARTMENT OF LABOR--Table of Contents Sec. 33.2 Application. This part applies to all programs or activities conducted by the Department of Labor. ...


Rights Division, United States Department of Justice. Assistant Secretary for Administration and Management (ASAM) means the Assistant Secretary for Administration...


with handicaps or organizations representing individuals with handicaps, its current policies and practices, and the effects thereof, that do not or may not meet...


information regarding the provisions of this part and its applicability to the programs or activities conducted by the Department, and make such information available...


excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity conducted by the Department. (b)(1)...


any program or activity conducted by the Department. The definitions, requirements and procedures of section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791),...


individual with handicaps shall, because the Department's facilities are [[Page 335]] inaccessible to or unusable by individuals with handicaps, be denied...


program or activity, when viewed in its entirety, is readily accessible to and usable by individuals with handicaps. This paragraph does not-- (1) Necessarily require...


effective date of this part by, on behalf of, or for the use of the Department shall be designed, constructed, or altered so as to be readily accessible to and usable...


of other Federal entities, and members of the public. (1) The Department shall furnish appropriate auxiliary aids where necessary to afford an individual...


of discrimination on the basis of handicap in programs or activities conducted by DOL. (b)(1) Complaints alleging violations of section 504 with respect to...


against any person because such person has filed a complaint, furnished information, assisted or participated in any manner in an investigation, review, hearing or any...


of this part is to implement the nondiscrimination and equal opportunity provisions of the Job Training Partnership Act of 1982, as amended (JTPA), which are contained...


Administrative Law Judge means a person appointed as provided in 5 U.S.C. 3105 and 5 CFR 930.203 and qualified under 5 U.S.C. 557 to preside at hearings held under...


States shall, on the ground of race, color, religion, sex, national origin, age, disability, political affiliation or belief, and for beneficiaries only, citizenship...


race, color, religion, sex, national origin, age, political affiliation or belief, citizenship, or participation in JTPA. (a) For the purposes of...


disability. (a) In providing any aid, benefit, service or training under a JTPA- funded program or activity, a recipient shall not, directly or through...


(a) Recipients shall take appropriate steps to ensure that communications with beneficiaries, applicants, eligible applicants, participants, applicants for employment, employees...


term ``employment practices'' includes, but is not limited to, recruitment or recruitment advertising, selection, placement, layoff or termination, upgrading, demotion...


not discharge, intimidate, retaliate, threaten, coerce or discriminate against any person because such person has: filed a complaint; opposed a prohibited practice;...


(a) The Directorate of Civil Rights (DCR), in the Office of the Assistant Secretary for Administration and Management, is responsible for administering and enforcing...


of State or local law or other requirements. The obligation to comply with the nondiscrimination and equal opportunity provisions of JTPA or this part shall not be obviated...


from time to time assign to officials of other departments or agencies of the Government (with the consent of such department or agency) responsibilities in connection with...


(a) Assurance. (1) Each application for Federal financial assistance under JTPA, as defined in Sec. 34.2, shall include an assurance, in the...


make efforts to provide equitable services among substantial segments of the population eligible for participation in JTPA. Such efforts shall include but not be limited...


(a) A recipient, other than a small recipient or service provider as defined in Sec. 34.2, shall designate an Equal Opportunity Officer to coordinate its...


(a) Initial and Continuing Notice. (l) A recipient shall provide initial and continuing notice that it does not discriminate on any prohibited ground, to: Applicants,...


(a) Data and information collection. The Director shall not require submission of data that can be obtained from existing reporting requirements or...


34.30 Application. This subpart applies to State Programs as defined in Sec. 34.2. However, the provisions of Sec. 34.32 (b) and (c) do not apply to...


34.31 Recordkeeping. The Governor shall ensure that recipients collect and maintain records in a manner consistent with the provisions of Sec. 34.24 and...


34.32 Oversight and liability. (a) The Governor shall be responsible for oversight of all JTPA- funded State programs. This responsibility includes...


Sec. 34.33 Methods of Administration. (a)(1) Each Governor shall establish and adhere to a Methods of Administration for State programs as defined in Sec. 34.2....


34.34 Monitoring. (a) The Director may periodically review the adequacy of the Methods of Administration established by a Governor, as well as the adequacy...


from time to time conduct pre- and post- approval compliance reviews of grant applicants for and recipients of Federal financial assistance under JTPA to determine compliance with...


a Notice to Show Cause to a recipient failing to comply with the requirements of this part, where such failure results in the inability of the Director to make a finding. Such...


(a) Each recipient shall adopt and publish procedures for processing complaints that allege a violation of the nondiscrimination and equal opportunity provisions of JTPA...


Any person who believes that he or she or any specific class of individuals has been or is being subjected to discrimination prohibited by the nondiscrimination and...


Findings, Notice to Show Cause, or Initial Determination, issued pursuant to Secs. 34.40, 34.41 or 34.43 respectively, shall include the specific steps the grant applicant...


(a) State Programs. (1) Violations at State-office level. Where the Director has determined that a violation of the nondiscrimination and equal...


that compliance cannot be secured through informal means when: (1) The grant applicant or recipient fails or refuses to correct the violation(s) within the...


or complaint investigation results in a finding of noncompliance, the Director shall so notify: (a) the Departmental granting agency; and (b) the Assistant...


(a) Where a Governor is a party to a Conciliation Agreement, the Governor shall immediately notify the Director of a recipient's breach of any such Conciliation Agreement. ...


If, following issuance of a Final Determination pursuant to Sec. 34.46, or a Notification of Breach of Conciliation Agreement pursuant to Sec. 34.48, compliance has...


hearing. As part of a Final Determination, or a Notification of Breach of a Conciliation Agreement, the Director shall include, and serve on the grant applicant or...


(a) Initial Decision. After the hearing, the Administrative Law Judge shall issue an initial decision and order, containing findings and conclusions. The initial decision...


Federal financial assistance under JTPA; alternate funds disbursal procedure. (a) Any action to suspend, terminate, deny or discontinue Federal financial assistance...


effectuate Title IX of the Education Amendments of 1972, as amended (except sections 904 and 906 of those Amendments) (20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688), which...


Administratively separate unit means a school, department, or college of an educational institution (other than a local educational agency) admission to which...


designated agency official finds that a recipient has discriminated against persons on the basis of sex in an education program or activity, such recipient shall take such...


Federal agencies must ensure that applications for Federal financial assistance or awards of Federal financial assistance contain, be accompanied by, or be covered by...


whole or in part with Federal financial assistance to a transferee that operates any education program or activity, and the Federal share of the fair market value of...


imposed by these Title IX regulations are independent of, and do not alter, obligations not to discriminate on the basis of sex imposed by Executive Order 11246, 3...


regulations is not obviated or alleviated because employment opportunities in any occupation or profession are or may be more limited for members of one sex than for members of...


(a) Designation of responsible employee. Each recipient shall designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under these...


specific and continuing steps to notify applicants for admission and employment, students and parents of elementary and secondary school students, employees, sources...


regulations apply to every recipient and to each education program or activity operated by such recipient that receives Federal...


(a) Exemption. These Title IX regulations do not apply to any operation of an educational institution or other entity that is controlled by a religious organization to the...


not apply to an educational institution whose primary purpose is the training of individuals for a military service of the United States or for the...


Title IX regulations do not apply to the membership practices of social fraternities and sororities that are exempt from taxation under section 501(a) of the...


not covered by these Title IX regulations. (b) Administratively separate units. For the purposes only of this section, Secs. 36.225 and 36.230, and Secs. 36.300...


section applies to each educational institution to which Secs. 36.300 through 36.310 apply that: (1) Admitted students of only one sex as regular students as of June 23,...


and that is composed of more than one administratively separate unit may submit either a single transition plan applicable to all such units, or a separate transition...


Title IX regulations, addresses statutory amendments to Title IX. (b) These Title IX regulations shall not apply to or preclude: (1) Any program or activity of the...


(a) General. No person shall, on the basis of sex, be denied admission, or be subjected to discrimination in admission, by any recipient to which Secs. 36.300 through...


A recipient to which Secs. 36.300 through 36.310 apply shall not give preference to applicants for admission, on the basis of attendance at any educational...


(a) Nondiscriminatory recruitment. A recipient to which Secs. 36.300 through 36.310 apply shall not discriminate on the basis of sex in the recruitment and admission of students....


activities. (a) General. Except as provided elsewhere in these Title IX regulations, no person shall, on the basis of sex, be excluded from participation in,...


(a) Generally. A recipient shall not, on the basis of sex, apply different rules or regulations, impose different fees or requirements, or offer different services or...


A recipient may provide separate toilet, locker room, and shower facilities on the basis of sex, but such facilities provided for students of one sex shall...


(a) A recipient shall not provide any course or otherwise carry out any of its education program or activity separately on the basis of sex, or require or...


operated by LEAs. A recipient that is a local educational agency shall not, on the basis of sex, exclude any person from admission to: (a) Any institution...


of appraisal and counseling materials. (a) Counseling. A recipient shall not discriminate against any person on the basis of sex in the counseling or guidance of students...


(a) General. Except as provided in paragraphs (b) and (c) of this section, in providing financial assistance to any of its students, a recipient shall not: ...


students. (a) Assistance by recipient in making available outside employment. A recipient that assists any agency, organization, or person in making...


and services. Subject to Sec. 36.235(d), in providing a medical, hospital, accident, or life insurance benefit, service, policy, or plan to any of its...


(a) Status generally. A recipient shall not apply any rule concerning a student's actual or potential parental, family, or marital status that treats...


(a) General. No person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, be treated differently from another person, or otherwise...


material. Nothing in these Title IX regulations shall be interpreted as requiring or prohibiting or abridging in any way the use of particular textbooks...


(a) General. (1) No person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination...


A recipient shall not administer or operate any test or other criterion for any employment opportunity that has a disproportionately adverse effect on persons...


(a) Nondiscriminatory recruitment and hiring. A recipient shall not discriminate on the basis of sex in the recruitment and hiring of employees. Where a recipient...


A recipient shall not make or enforce any policy or practice that, on the basis of sex: (a) Makes distinctions in rates of pay or other compensation; ...


and structure. A recipient shall not: [[Page 380]] (a) Classify a job as being for males or for females; (b) Maintain or establish...


(a) ``Fringe benefits'' defined. For purposes of these Title IX regulations, fringe benefits means: Any medical, hospital, accident, life insurance, or...


parental status. (a) General. A recipient shall not apply any policy or take any employment action: (1) Concerning the potential marital, parental, or family status...


state or local law or other requirements. (a) Prohibitory requirements. The obligation to comply with Secs. 36.500 through 36.550 is not obviated or alleviated by...


A recipient shall not in any advertising related to employment indicate preference, limitation, specification, or discrimination based on sex unless sex is a bona...


(a) Marital status. A recipient shall not make pre-employment inquiry as to the marital status of an applicant for employment, including whether...


bona fide occupational qualification. A recipient may take action otherwise prohibited by Secs. 36.500 through 36.550 provided it is shown that sex is a bona fide...


that awards Federal financial assistance shall publish in the Federal Register a notice of the programs covered by these Title IX regulations. Each such Federal...


of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) (``Title VI'') are hereby adopted and applied to these Title IX regulations. These procedures may be...


nondiscrimination and equal opportunity provisions of the Workforce Investment Act of 1998 (WIA), which are contained in section 188 of WIA. Section 188...


applies to: (1) Any recipient, as defined in Sec. 37.4; (2) Programs and activities that are part of the One-Stop delivery system and that are operated by...


with this part will satisfy any obligation of the recipient to comply with 29 CFR part 31, the Department of Labor's regulations implementing Title VI of the...


with this part will satisfy any obligation of the recipient to comply with 29 CFR part 31, the Department of Labor's regulations implementing Title VI of the...
...


the United States may, on the ground of race, color, religion, sex, national origin, age, disability, political affiliation or belief, and for beneficiaries only, citizenship...


are prohibited by this part? (a) For the purposes of this section, ``prohibited ground'' means race, color, religion, sex, national origin, age, political...


(a) In providing any aid, benefits, services, or training under a WIA Title I--financially assisted program or activity, a recipient must not, directly or...


modification for individuals with disabilities? (a) With regard to aid, benefits, services, training, and employment, a recipient must provide reasonable...


(a) Recipients must take appropriate steps to ensure that communications with beneficiaries, registrants, applicants, eligible...


the ground of race, color, religion, sex, national origin, age, disability, or political affiliation or belief is prohibited in employment practices in the administration...


(a) A recipient must not discharge, intimidate, retaliate, threaten, coerce or discriminate against any individual because the individual has: (1) Filed a...


The Civil Rights Center (CRC), in the Office of the Assistant Secretary for Administration and Management, is responsible for administering and enforcing the...


[Code of Federal Regulations] [Title 29, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR37.13] [Page 399] TITLE 29--LABOR PART 37--IMPLEMENTATION OF THE NONDISCRIMINATION AND EQUAL OPPORTUNITY PROVISIONS OF THE WORKFORCE INVESTMENT ACT OF 1998 (WIA)--Table of Contents Subpart A--General Provisions Sec. 37.13 Who is responsible for providing interpretations of this part? The Director will make any rulings under, or interpretations of, the nondiscrimination and equal opportunity provisions of WIA or this part. ...


(a) The Secretary may from time to time assign to officials of other departments or agencies of the Government (with the consent of such department or...


(a) Whenever a compliance review or complaint investigation under this part reveals possible violation of one or more of the laws listed in paragraph (b) of...


what limitations apply? (a) Effect of State or local law or other requirements. The obligation to comply with the nondiscrimination and equal opportunity provisions of...


Assurances (a)(1) Each application for financial assistance under Title I of WIA, as defined in Sec. 37.4, must...


how broad is the obligation? (a) Where the WIA Title I financial assistance is intended to provide, or is in the form of, either personal property, real...


(a) Where WIA Title I financial assistance is provided in the form of a transfer of real property, structures, or improvements on real property or structures, or interests in...


recipient must designate an Equal Opportunity Officer (``EO Officer''), except small recipients and service providers, as defined in Sec. 37.4. The responsibilities of...


A senior-level employee of the recipient should be appointed as the recipient's Equal Opportunity Officer. Depending upon the size of the recipient, the size of the recipient's...


An Equal Opportunity Officer is responsible for coordinating a recipient's obligations under this part. Those responsibilities include, but are not limited to: ...


A recipient has the following obligations: (a) Making the Equal Opportunity Officer's name, and his or her position title, address, and telephone...


Although small recipients do not need to designate Equal Opportunity Officers who have the full range of responsibilities listed above, they...


Officers? Service providers, as defined in Sec. 37.4, are not required to designate an Equal Opportunity Officer. The obligation for ensuring service...


(a) A recipient must provide initial and continuing notice that it does not discriminate on any prohibited ground. This notice must be provided to: ...


The notice must contain the following specific wording: Equal Opportunity Is the Law It is against the law for this recipient of Federal...


(a) At a minimum, the notice required by Secs. 37.29 and 37.30 must be: (1) Posted prominently, in reasonable numbers and places; (2) Disseminated...


The notice required by Secs. 37.29 and 37.30 must be initially provided within 90 days of the effective date of this part, or of the date this part first applies...


service providers? The Governor or the LWIA grant recipient, as determined by the Governor and as provided in that State's Methods of Administration, will...


and other communications? (a) Recipients must indicate that the WIA Title I-financially assisted program or activity in question is an ``equal...


in languages other than English? (a) A significant number or proportion of the population eligible to be served, or likely to be directly affected, by a WIA...


orientations? During each presentation to orient new participants, new employees, and/or the general public to its WIA Title I-financially assisted...


and other information? (a) The Director will not require submission of data that can be obtained from existing reporting requirements or sources,...


CRC? In addition to the information which must be collected, maintained, and, upon request, submitted to CRC under Sec. 37.37: (a) Each grant applicant...


under this part? (a) Each recipient must maintain the following records for a period of not less than three years from the close of the applicable...


provide the Director? (a) Each grant applicant and recipient must permit access by the Director during normal business hours to its premises and to...


have to maintain the confidentiality of the information collected? The identity of any individual who furnishes information relating to, or assisting in,...


universal access to WIA Title I-financially assisted programs and activities? Recipients must take appropriate steps to ensure that they are providing...


To whom does this subpart apply? This subpart applies to State Programs as defined in Sec. 37.4. However, the provisions of Sec. 37.52(b) do not apply to State...


What are a Governor's oversight responsibilities? The Governor is responsible for oversight of all WIA Title I- financially assisted State programs. This responsibility...


To what extent may a Governor be liable for the actions of a recipient he or she has financially assisted under WIA Title I? (a) The Governor and the recipient are jointly...


What are a Governor's oversight responsibilities regarding recipients' recordkeeping? The Governor must ensure that recipients collect and maintain records in a...


What are a Governor's obligations to develop and maintain a Methods of Administration? (a) (1) Each Governor must establish and adhere to a Methods of Administration...


When must the Governor carry out his or her obligations with regard to the Methods of Administration? (a) Within 180 days of either the date on which this interim final...


provisions of WIA and this part? From time to time, the Director may conduct pre-approval compliance reviews of grant applicants for, and post-approval...


issuance of subpoenas. A subpoena may direct the individual named on the subpoena to take the following actions: (a) To appear: (1) Before a designated...


(a) As appropriate and necessary to ensure compliance with the nondiscrimination and equal opportunity provisions of WIA or this part, the Director may review...


(a) The Director may initiate a post-approval compliance review of any recipient to determine compliance with the nondiscrimination and equal opportunity...


review? (a) Where, as the result of a post-approval review, the Director has made a finding of noncompliance, he or she must issue a Letter of Findings....


(a) The Director may periodically review the adequacy of the Methods of Administration established by a Governor, as well as the adequacy of the Governor's performance...


fails to provide CRC with the required access? The Director may issue a Notice to Show Cause to a recipient failing to comply with the requirements of this...


Cause must contain: (1) A description of the violation and a citation to the pertinent nondiscrimination or equal opportunity provision(s) of WIA and this part; ...


A recipient may show cause why enforcement proceedings should not be instituted by, among other means: (a) Correcting the violation(s) that brought about the...


show cause why enforcement proceedings should not be initiated, the Director must follow the enforcement procedures outlined in Secs. 37.99 and 37.100. ...


Any person who believes that either he or she, or any specific class of individuals, has been or is being subjected to discrimination prohibited by WIA or this part, may...


[Code of Federal Regulations] [Title 29, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR37.71] [Page 411] TITLE 29--LABOR PART 37--IMPLEMENTATION OF THE NONDISCRIMINATION AND EQUAL OPPORTUNITY PROVISIONS OF THE WORKFORCE INVESTMENT ACT OF 1998 (WIA)--Table of Contents Subpart D--Compliance Procedures Sec. 37.71 Where may a complaint be filed? A complainant may file a complaint with either the recipient or the Director. Complaints filed with the Director should be sent to the address listed in the notice in Sec. 37.30. ...


180 days of the alleged discrimination. However, for good cause shown, the Director may extend the filing time. The time period for filing is for the administrative...


writing, and must contain the following information: (a) The complainant's name and address (or another means of contacting the complainant); (b) The identity of...


Yes. A complainant may file a complaint by completing and submitting CRC's Complaint Information and Privacy Act Consent Forms, which may be obtained either from the recipient's...


[Code of Federal Regulations] [Title 29, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR37.75] [Page 412] TITLE 29--LABOR PART 37--IMPLEMENTATION OF THE NONDISCRIMINATION AND EQUAL OPPORTUNITY PROVISIONS OF THE WORKFORCE INVESTMENT ACT OF 1998 (WIA)--Table of Contents Subpart D--Compliance Procedures Sec. 37.75 Is there a right of representation in the complaint process? Yes. Both the complainant and the respondent have the right to be represented by an attorney or other individual of their choice. ...


procedures? (a) The procedures that a recipient adopts and publishes must provide that the recipient will issue a written Notice of Final Action on...


service providers? The Governor or the LWIA grant recipient, as provided in the State's Methods of Administration, must develop and publish, on behalf of its...


that it has no jurisdiction over a complaint? Yes. If a recipient determines that it does not have jurisdiction over a complaint, it must notify the complainant,...


with which the complainant is dissatisfied, how long does the complainant have to file a complaint with the Director? If, during the 90-day period, the...


of the date on which a complaint was filed? If, by the end of 90 days from the date on which the complainant filed the complaint, the recipient has failed to issue a Notice...


filing a complaint with him or her? Yes. The Director may extend the 30-day time limit: (a) If the recipient does not include in its Notice of Final Action...


must determine whether CRC will accept a particular complaint for resolution. For example, a complaint need not be accepted if: [[Page 414]] (a) It has...


a complaint does not contain enough information, the Director must try to get the needed information from the complainant. (b) The Director may close the complainant's file,...


not have jurisdiction over a complaint, the Director must: (a) Notify the complainant and explain why the complaint falls outside the coverage of the nondiscrimination...


another authority? Yes. The Director refers complaints to other agencies in the following circumstances: (a) Where the complaint alleges discrimination based on age,...


If a complaint will not be accepted, the Director must notify the complainant, in writing, about that fact, and provide the complainant his/her reasons for...


If the Director accepts the complaint for resolution, he or she must notify the complainant, the respondent, and the grantmaking agency. The notice must: ...


their authorized representatives, may contact CRC for information about the complaint. The Director will determine what information, if any, about the complaint will...


Yes. The Director may offer the parties to a complaint the option of mediating the complaint. In such circumstances, the following rules apply: (a) Mediation...


completed? At the conclusion of the investigation of the complaint, the Director must take the following actions: (a) Determine whether there is reasonable cause...


a violation has taken place? If the Director finds reasonable cause to believe that the respondent has violated the nondiscrimination and equal...


that a violation has taken place? If the Director determines that there is no reasonable cause to believe that a violation has taken place, he or she must issue a...


fails or refuses to take the corrective action listed in the Initial Determination? Under such circumstances, the Department must take the...


or complaint investigation, the Director finds a violation of the nondiscrimination and equal opportunity provisions of WIA or this part? (a)...


nondiscrimination and equal opportunity provisions of WIA or this part? (a) Violations at State level. Where the Director has determined that a violation...


provide documentation that the violations listed in the Letter of Findings, Notice to Show Cause or Initial Determination, as applicable, have...


must: (a) Be in writing; (b) Address each cited violation; (c) Specify the corrective or remedial action to be taken within a stated period of time...


The Director will conclude that compliance cannot be secured by voluntary means under the following circumstances: (a) The grant applicant or recipient fails...


actions must he or she take? If the Director concludes that compliance cannot be secured by voluntary means, he or she must either: (a) Issue a...


contain the following information: (a) A statement of the efforts made to achieve voluntary compliance, and a statement that those efforts have been unsuccessful; ...


compliance review or complaint investigation results in a finding of noncompliance, the Director must notify: (a) The grant applicant or recipient; (b) The grantmaking...


When it becomes known to the Director that a Conciliation Agreement has been breached, the Director may issue a Notification of Breach of...


The Director must send a Notification of Breach of Conciliation Agreement to the Governor, the grantmaking agency, and/or other party(ies) to the Conciliation Agreement,...


A Notification of Breach of Conciliation Agreement must: (a) Specify any efforts made to achieve voluntary compliance, and indicate that those efforts have...


of Conciliation Agreement is commenced? In such circumstances, the Director must notify: (a) The grantmaking agency; and (b) The Governor, recipient or...


with the nondiscrimination and equal opportunity provisions of WIA and this part? (a) Sanctions; judicial enforcement. If compliance has not...


Notice of opportunity for hearing. As part of a Final Determination, or a Notification of Breach of a Conciliation Agreement, the Director must include, and serve on the grant...


(a) Initial Decision. After the hearing, the Administrative Law Judge must issue an initial decision and order, containing findings of fact and conclusions...


or discontinue WIA Title I financial assistance? Any action to suspend, terminate, deny or discontinue WIA Title I financial assistance must be limited to...


financial assistance to an alternate recipient? When the Department withholds funds from a recipient or grant applicant under these regulations, the Secretary may disburse...


(a) A grant applicant or recipient adversely affected by a Final Decision and Order issued under Sec. 37.112(b) will be restored, where appropriate, to...


[Code of Federal Regulations] [Title 29, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR42.1] [Page 422] TITLE 29--LABOR PART 42--COORDINATED ENFORCEMENT--Table of Contents Sec. 42.1 General statement. These regulations are promulgated by the Secretary of Labor to describe the coordination of the activities of the Employment Standards Administration, the Occupational Safety and Health Administration, and the Employment and Training Administration relating to migrant farmworkers. ...


(FLCRA), the Occupational Safety and Health Act (OSHA), and the Fair Labor Standards Act (FLSA) (protective statutes). (2) Ensure that the enforcement efforts of DOL...


of Labor with respect to migrant farm labor-related enforcement efforts under the protective statutes; resolving policies which are in conflict between DOL...


and Health Administration (OSHA), and the Employment and Training Administration (ETA). (b) The Committee shall be headed by the Under Secretary, who...


and coordination among all DOL agencies assigned responsibilities related to migrant farmworkers. These policies and guidance shall include such issues as...


National Committee shall review these regional strategies and make recommendations to the appropriate DOL agencies. In reviewing the enforcement strategies, the...


oversee the operation of a system of coordinated Complaint/Directed Action Logs (logs). The logs shall be maintained by each DOL agency and appropriate SESA and OSHA...


the Department, including migrant housing inspections, the referral of complaints, enforcement action on violations of federal or State employment-related laws subject...


with significant numbers of agricultural worker activity as designated by ESA. These Specialists shall coordinate FLCRA and FLSA activities in agricultural employment...


(2) migrant farmworker camp inspections are scheduled promptly. (b) OSHA Area Directors shall designate OSHA compliance officers to serve in the capacity of Farm...


of ESA, OSHA, ETA (the Regional MSFW Monitor Advocate), and the Office of the Regional Solicitor. (b) The Regional Committee shall be headed by the...


such data quarterly to the National and Regional Committees. Fourth quarter data shall be accompanied by annual summaries. These submissions shall include at least the...


of the States to participate in formal consultations with the Department of Labor for purposes of the development of an annual employment statistics plan and...


shall elect one representative in accordance with the procedures specified in this part. The initial election for representatives of the States from all 10 Federal...


Commissioner'') or his or her designee shall conduct the elections. The Commissioner shall provide a ballot containing the names of the employment statistics directors in...


5 U.S.C. 552 and Executive Order 12600. It also implements the public information provisions of the Labor Management Reporting and Disclosure Act (LMRDA), 29 U.S.C....


these terms by the definition in 5 U.S.C. 551. (b) Component means each separate bureau, office, board, division, commission, service or administration of the Department...


[Code of Federal Regulations] [Title 29, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR70.3] [Page 430] TITLE 29--LABOR PART 70--PRODUCTION OR DISCLOSURE OF INFORMATION OR MATERIALS--Table of Contents Subpart A--General Sec. 70.3 Policy. All agency records, except those specifically exempted from mandatory disclosure by one or more provisions of 5 U.S.C. 552(b) shall be made promptly available to any person submitting a written request in accordance with the procedures of this part. ...


available for public inspection and copying (unless they are published and copies are offered for sale): (1) Final opinions, including concurring and...


[Code of Federal Regulations] [Title 29, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR70.5] [Page 430] TITLE 29--LABOR PART 70--PRODUCTION OR DISCLOSURE OF INFORMATION OR MATERIALS--Table of Contents Subpart A--General Sec. 70.5 Compilation of new records. Nothing in 5 U.S.C. 552 or this part requires that any agency or component create a new record, either manually from preexisting files or through creation of a computer program, in order to respond to a request for records. ...


any occasion be given to any agent, attorney, or any other person not officially connected with the Department without the written consent of the Secretary or the Solicitor...


issue rules and regulations may through such officers promulgate supplementary regulations not inconsistent with this part, governing the disclosure of particular or...


disclosure of records in the custody of the affected agency, shall remain in effect, insofar as such regulations are consistent with the provisions of this part, until...


this subpart for a record of the Department of Labor must be in writing. A request should be sent to the component that maintains the record at its proper address and both...


otherwise provided in this section, when a request for a record is received, the component having custody of the requested record shall ordinarily be responsible for responding...


request. After a component has made a determination to grant a request in whole or in part, the component shall so notify the requester in writing. The notice shall describe...


for a waiver of fees has been denied in whole or in part, where a requester disputes matters relating to the assessment of fees, or when a component fails to respond to a...


appellant's supporting papers and make a determination de novo whether the denial specified in Sec. 70.22 was proper and in accord with the...


be in writing. A decision affirming in whole or in part the denial of a request shall include a brief statement of the reason or reasons for the affirmance, including each...


Components of the Department of Labor shall comply with the time limits required by the FOIA for responding to and processing requests and appeals, unless there are...


(a) In general. FOIA requests for confidential commercial information provided to the Department by business submitters shall be processed in accordance with...


to the requests it receives under this part, and all records processed pursuant to such requests, until such time as the destruction of such correspondence and...


setting the level of fees for particular types of records (See 5 U.S.C. 552(a)(4)(A)(vi)), means any statute other than FOIA that specifically requires a Government...


[Code of Federal Regulations] [Title 29, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR70.39] [Page 437] TITLE 29--LABOR PART 70--PRODUCTION OR DISCLOSURE OF INFORMATION OR MATERIALS--Table of Contents Subpart C--Costs for Production of Documents Sec. 70.39 Statutes specifically providing for setting of fees. Nothing in this subpart shall supersede fees chargeable under a statute other than the Freedom of Information Act which specifically provides for setting the level of fees for particular types of records. ...


agency records in response to a Freedom of Information Act request: costs associated with (1) Searching for or locating responsive records (search costs), ...


a request under 5 U.S.C. 552, as set forth in Sec. 70.40, are subject to reduction or waiver by the disclosure officer. (a) Statutorily required waiver or reduction in...




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