---DISCLAIMER---
Section 167. (a)(1) For the purpose of applying the prohibitions
against discrimination on the basis of age, under the Age Discrimination Act of
1975, on the basis of disability under section 504 of the Rehabilitation Act,
on the basis of sex under title IX of the Education Amendments of 1973, or the
the basis of race, color or national origin under title VI of the Civil Rights
Act of 1964, 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) 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 because of race,
color, religion, sex, national origin, age, disability, or political
affiliation or belief.
(3) Participants shall not be employed on the construction, operation,
or maintenance of so much of any facility as is used or to be used for
sectarian instruction or as a place of religious worship.
(4)With respect to terms and conditions affecting, or rights provided
to, individuals who are participants in activities supported by funds provided
under this Act, such individuals shall not be discriminated against solely
because of their status as such participants.
(5) Participation in programs and activities financially assisted in
whole or in part under this Act shall be open to citizens and nationals of the
United States, lawfully admitted permanent resident aliens, lawfully admitted
refugees and parolees, and other individuals authorized by the Attorney General
to work in the United States.
(b) Whenever the Secretary finds that a State or other recipient has
failed to comply with a provision of law referred to in subsection (a)(1), with
paragraph (2), (3), (4), or (5) of subsection (a), or with an applicable
regulation prescribed to carry out such paragraphs, the Secretary shall notify
such State or recipient and shall request it to comply. If within a reasonable
period of time, not to exceed sixty 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;
(2) exercise the powers and functions provided by title VI of the Civil
Rights Act of 1964, the Age Discrimination Act of 1975, or section 504 of the
Rehabilitation Act, as may be applicable; or
(3) take such other action as may be provided by law.
(c) When a matter is referred to the Attorney General pursuant to
subsection (b)(1), or whenever the Attorney General has reason to believe that
a State or other recipient is engaged in a pattern or practice in violation of
a provision of law referred to in subsection (a)(1) or in violation of
paragraph (2), (3), (4), or (5) of subsection (a), 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) For purposes of this section, Job Corps members shall be considered
as the ultimate beneficiaries of Federal financial assistance.
(e)(1) The head of the office of the Department of Labor referred to as
the "Directorate of Civil Rights" shall annually prepare a report on the
administration and enforcement of this section.
(2) The report required by paragraph (1) shall include--
(A) an identification of the service delivery areas and States that have
been determined, during the preceding program year, not to be in compliance
with this section;
(B) for each such identification, the date on which the inquiry was
begun and whether the inquiry was initiated on the basis of a complaint or at
the initiative of the Department;
(C) an identification of the service delivery areas and States awaiting
findings by the Directorate;
(D) the number of service delivery areas and States that, during the
preceding year, were determined not to be in compliance with this section, and
the number for which insufficient data prevented the making of such
determination, identifying they type of data which is missing or inadequate;
(E) a statistical summary, broken down by race, sex, national origin,
disability, or age, of the number of inquiries taken and their outcomes;
(F) an identification of any service delivery area or State that has
been determined, during the preceding year, to have failed to conduct objective
assessments as required by sections 204 and 264 on a nondiscriminatory basis;
(G) the amount expended by the Directorate for the administration and
enforcement of this section, and the number and percentage of full-time
employees, and the full-time equivalent of the part-time employees, engaged in
such administration and enforcement;
(H) the number of onsite visits conducted each year, and whether the
visits were initiated by the Department or by complaint;
(I) the number of cases referred to the Attorney General, and for such
cases--
(i) the civil actions taken by the Attorney General thereon; and
(ii) the use, by the Secretary, of the authority of title VI of the
Civil Rights Act of 1963 (42 U.S.C. 2000d et seq.), the Age Discrimination Act
of 1975 (29 U.S.C. 621 et seq.), or section 504 of the Rehabilitation Act of
1973 (29 U.S.C. 794); and
(J) a description of any other actions taken by the Secretary under or
related to the administration and enforcement of this section
(3) The report required by this subsection shall be submitted to
Congress as part of the Secretary's annual report under section 169(d).
(f) In addition to any other sums authorized to be appropriated under
Federal law, there are authorized to be appropriated for the operations and
expenses of the Directorate, such sums as may be necessary for the purpose of
increasing the number of full-time equivalent personnel available to the
Directorate in order to comply with the requirements of this section.
(g) The Secretary shall issue final regulations implementing this
section not later that 90 days after the date of the enactment of the Job
Training Reform Amendments of 1992.
|
