[Code of Federal Regulations]
[Title 43, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR34.4]

[Page 486-487]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
PART 34--REQUIREMENTS FOR EQUAL OPPORTUNITY DURING CONSTRUCTION AND OPERATION OF THE ALASKA NATURAL GAS TRANSPORTATION SYSTEM--Table of Contents
 
Sec. 34.4  Discrimination prohibited.

    (a) General. No person shall, on the grounds of race, creed, color, 
national origin, or sex, be discriminated against or excluded from 
receiving any benefit from or participating in any activity conducted 
under any certificates, permits, rights-of-way, leases, and other 
Federal authorizations to which this part applies.
    (b) Specific actions in which discrimination is prohibited. No 
person shall directly or through contractural or other arrangements, 
discriminate in any activity to which this part applies, including the 
following:
    (1)(i) Employment policies and practices of employers, including 
advertising, hiring or firing, up-grading, promotion, or demotion, 
transfer, layoff, or termination, rates of pay, and other forms of 
compensation or benefits, or other terms and conditions of employment;
    (ii) Employment policies and practices of labor unions, including, 
acceptance of applications for membership,

[[Page 487]]

enrolling or expelling members, classification of members, referrals for 
employment, training and apprenticeship programs, and the provision of 
other benefits of membership;
    (iii) Employment policies and practices of employment agencies 
including acceptance of applications for employment services, referrals 
for employment, classification of individuals for employment, and the 
provision of other benefits and services.
    (2) Procurement practices, including manner of procurement, 
qualification for contracting or placement on procurement source lists, 
the composition of sources solicited, the use of pre-bid conferences, 
solicitation for proposals or bids, the designation of quantities, 
delivery schedules or other specifications, selection procedures, or 
performance standards.
    (3) The provision of services, financial aid and other benefits 
provided in whole or in part, under any Federal authorization to which 
this part applies, more specifically including actions that result in 
the:
    (i) Denial to an individual or establishment of any service, 
financial aid, or other benefits;
    (ii) Provision of any service, financial aid, or other benefit to an 
individual, or establishment which is different, or is provided in a 
different manner, from that provided to others;
    (iii) Subjection of an individual to segregation or separate 
treatment in any matter related to the receipt of any service, financial 
aid, or other benefits;
    (iv) Restriction of an individual in any way in the enjoyment of any 
advantage or privilege enjoyed by others receiving any service, 
financial aid, or other benefit;
    (v) Treatment of an individual that is different from others in the 
determination of any admission, enrollment, eligibility, membership 
requirements or other conditions which individuals must meet in order to 
be provided any service, financial aid, or other benefit;
    (vi) Denial to an individual of an opportunity to participate in any 
activity that is different from that afforded others;
    (vii) Denial to an individual of the opportunity to participate as a 
member of any planning or advisory body that participates in the 
provision of any service, financial aid, or other benefit;
    (viii) Use of criteria or methods of administration which have the 
effect of subjecting individuals or establishments to discrimination in 
the determination of the types of services, financial aid, or other 
benefits, or the facilities that will be provided; or the class of 
individuals or establishments to which, or the situation in which, such 
services, financial aids, other benefits, or facilities will be 
provided; or the class of individuals or establishments to be provided 
an opportunity to participate in any activity; and
    (ix) Selection of a site or location for facilities for the 
provision of services, financial aid, or other benefits, with the 
purpose or effect of substantially impairing the objectives of section 
17, the President's Decision, and implementing rules, regulations, and 
orders.
    (c) Scope of prohibited discrimination. (1) The enumeration of 
specific forms of prohibited discrimination in paragraph (b) of this 
section does not limit the general prohibition in paragraph (b) of this 
section.
    (2) Action taken in compliance with an affirmative action plan 
developed pursuant to these regulations shall not be deemed a violation 
of this section.