[Code of Federal Regulations]
[Title 29, Volume 1]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR37.6]

[Page 393-395]
 
                             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. 37.6  What specific discriminatory actions, based on prohibited grounds other than disability, are prohibited by this part?

    (a) For the purposes of this section, ``prohibited ground'' means 
race, color, religion, sex, national origin, age, political affiliation 
or belief, and for beneficiaries only, citizenship or participation in 
any WIA Title I--financially assisted program or activity.
    (b) A recipient must not, directly or through contractual, 
licensing, or other arrangements, on a prohibited ground:
    (1) Deny an individual any aid, benefits, services, or training 
provided under a WIA Title I--funded program or activity;
    (2) Provide to an individual any aid, benefits, services, or 
training that is different, or is provided in a different manner, from 
that provided to others under a WIA Title I--funded program or activity;
    (3) Subject an individual to segregation or separate treatment in 
any matter related to his or her receipt of any aid, benefits, services, 
or training under a WIA Title I--funded program or activity;
    (4) Restrict an individual in any way in the enjoyment of any 
advantage or privilege enjoyed by others receiving any aid, benefits, 
services, or training under a WIA Title I--funded program or activity;
    (5) Treat an individual differently from others in determining 
whether he or she satisfies any admission, enrollment, eligibility, 
membership, or other requirement or condition for any aid, benefits, 
services, or training provided under a WIA Title I--funded program or 
activity;
    (6) Deny or limit an individual with respect to any opportunity to 
participate in a WIA Title I--funded program or activity, or afford him 
or her an opportunity to do so that is different from the opportunity 
afforded others under a WIA Title I--funded program or activity;
    (7) Deny an individual the opportunity to participate as a member of 
a planning or advisory body that is an integral part of the WIA Title 
I--funded program or activity; or

[[Page 394]]

    (8) Otherwise limit on a prohibited ground an individual in 
enjoyment of any right, privilege, advantage, or opportunity enjoyed by 
others receiving any WIA Title I--financially assisted aid, benefits, 
services, or training.
    (c) A recipient must not, directly or through contractual, 
licensing, or other arrangements:
    (1) Aid or perpetuate discrimination by providing significant 
assistance to an agency, organization, or person that discriminates on a 
prohibited ground in providing any aid, benefits, services, or training 
to registrants, applicants or participants in a WIA Title I--funded 
program or activity; or
    (2) Refuse to accommodate an individual's religious practices or 
beliefs, unless to do so would result in undue hardship, as defined in 
section 37.4.
    (d) (1) In making any of the determinations listed in paragraph 
(d)(2) of this section, either directly or through contractual, 
licensing, or other arrangements, a recipient must not use standards, 
procedures, criteria, or administrative methods that have any of the 
following purposes or effects:
    (i) Subjecting individuals to discrimination on a prohibited ground; 
or
    (ii) Defeating or substantially impairing, on a prohibited ground, 
accomplishment of the objectives of either:
    (A) The WIA Title I--funded program or activity; or
    (B) the nondiscrimination and equal opportunity provisions of WIA or 
this part.
    (2) The determinations to which this paragraph applies include, but 
are not limited to:
    (i) The types of aid, benefits, services, training, or facilities 
that will be provided under any WIA Title I--funded program or activity;
    (ii) The class of individuals to whom such aid, benefits, services, 
training, or facilities will be provided; or
    (iii) The situations in which such aid, benefits, services, 
training, or facilities will be provided.
    (3) Paragraph (d) of this section applies to the administration of 
WIA Title I--funded programs or activities providing aid, benefits, 
services, training, or facilities in any manner, including, but not 
limited to:
    (i) Outreach and recruitment;
    (ii) Registration;
    (iii) Counseling and guidance;
    (iv) Testing;
    (v) Selection, placement, appointment, and referral;
    (vi) Training; and
    (vii) Promotion and retention.
    (4) A recipient must not take any of the prohibited actions listed 
in paragraph (d) of this section either directly or through contractual, 
licensing, or other arrangements.
    (e) In determining the site or location of facilities, a grant 
applicant or recipient must not make selections that have any of the 
following purposes or effects:
    (1) On a prohibited ground:
    (i) Excluding individuals from a WIA Title I--financially assisted 
program or activity;
    (ii) Denying them the benefits of such a program or activity; or
    (iii) Subjecting them to discrimination; or
    (2) Defeating or substantially impairing the accomplishment of the 
objectives of either:
    (i) The WIA Title I--financially assisted program or activity; or
    (ii) The nondiscrimination and equal opportunity provisions of WIA 
or this part.
    (f) (1) A recipient must not permit participants to be employed or 
trained in sectarian activities.
    (2) This paragraph applies to any facility that is, or will be, 
primarily used or inherently devoted either:
    (A) For sectarian instruction; or
    (B) As a place of worship,
    (ii) A recipient must not permit participants to be employed or 
trained in any way to:
    (A) Construct any part of such a facility,
    (B) Operate any part of such a facility, or
    (C) Maintain any part of that facility.
    (3) If a facility is not primarily or inherently devoted to 
sectarian instruction or religious worship, a recipient may permit the 
use of WIA Title I funds to employ participants to maintain the 
facility, if the organization that operates the facility is part of a 
program or activity that provides services to participants.

[[Page 395]]

    (g) The exclusion of an individual from programs or activities 
limited by Federal statute or Executive Order to a certain class or 
classes of individuals of which the individual in question is not a 
member is not prohibited by this part.