[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR611.3]



[Page 110-112]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 611_NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE NATIONAL 

SCIENCE FOUNDATION_EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 

1964--Table of Contents

 

Sec. 611.3  Discrimination prohibited.



    (a) General. No person in the United States, shall, on grounds of 

race, color, or national origin be excluded from participation in, be 

denied the benefits of, or be otherwise subjected to discrimination 

under any program to which this part applies.

    (b) Specific discriminatory actions prohibited. (1) A recipient to 

which this part applies may not directly or through contractual or other 

arrangements, on the ground of race, color, or national origin:

    (i) Deny an individual any service, financial aid, or other benefit 

provided under the program;

    (ii) Provide any service, financial aid, or other benefit to an 

individual which is different, or is provided in a different manner, 

from that provided to others under the program;

    (iii) Subject an individual to segregation or separate treatment in 

any matter related to his receipt of any service, financial aid, or 

other benefit under the program;

    (iv) Restrict an individual in any way in the enjoyment of any 

advantage or privilege enjoyed by others receiving any service, 

financial aid, or other benefit under the program;

    (v) Treat an individual differently from others in determining 

whether he satisfies any admission, enrollment, quota, eligibility, 

membership or other



[[Page 111]]



requirement or condition which individuals must meet in order to be 

provided any service, financial aid, or other benefit provided under the 

program;

    (vi) Deny an individual an opportunity to participate in the program 

through the provision of services or otherwise or afford him an 

opportunity to do so which is different from that afforded others under 

the program (including the opportunity to participate in the program of 

an employee but only to the extent set forth in paragraph (c) of this 

section).

    (2) A recipient, in determining the types of services, financial 

aid, or other benefits, or facilities which will be provided under any 

such program, or the class of individuals to whom, or the situations in 

which, such services, financial aid, other benefits, or facilities will 

be provided under any such program, or the class of individuals to be 

afforded an opportunity to participate in any such program, may not 

directly or through contractual or other arrangements, utilize criteria 

or methods of administration which have the effect of subjecting 

individuals to discrimination because of their race, color, or national 

origin, or have the effect of defeating or substantially impairing 

accomplishment of the objectives of the program as respects individuals 

of a particular race, color, or national origin.

    (3) In determining the site or location of facilities, a recipient 

or applicant may not make selections with the purpose or effect of 

excluding individuals from, denying them the benefits of, or subjecting 

them to discrimination under any program to which this regulation 

applies, on the grounds of race, color, or national origin; or with the 

purpose or effect of defeating or substantially impairing the 

accomplishment of the objectives of the Act or this regulation.

    (4) As used in this section the services, financial aid, or other 

benefits provided under a program receiving Federal financial assistance 

shall be deemed to include any service, financial aid, or other benefit 

provided in or through a facility provided with the aid of Federal 

financial assistance.

    (5) The enumeration of specific forms of prohibited discrimination 

in this paragraph and paragraph (c) of this section does not limit the 

generality of the prohibition in paragraph (a) of this section.

    (6) This regulation does not prohibit the consideration of race, 

color, or national origin if the purpose and effect are to remove or 

overcome the consequences of practices or impediments which have 

restricted the availability of, or participation in, the program or 

activity receiving Federal financial assistance, on the grounds of race, 

color, or national origin. Where previous discriminatory practice or 

usage tends, on the grounds of race, color, or national origin, to 

exclude individuals from participation in, to deny them the benefits of, 

or to subject them to discrimination under any program or activity to 

which this regulation applies the applicant or recipient has an 

obligation to take reasonable action to remove or overcome the 

consequences of the prior discriminatory practice or usage, and to 

accomplish the purposes of the Act.

    (c) Employment practices. (1) Where a primary objective of the 

Federal financial assistance to a program to which this part applies is 

to provide employment, a recipient may not directly or through 

contractual or other arrangements subject an individual to 

discrimination on the ground of race, color, or national origin in its 

employment practices under such program (including recruitment or 

recruitment advertising, employment, layoff or termination, upgrading, 

demotion, or transfer, rates of pay or other forms of compensation and 

use of facilities), including programs where a primary objective of the 

Federal financial assistance is (i) to assist such individuals through 

employment to meet expenses incident to the commencement or continuation 

of their education or training or (ii) to provide work experience which 

contributes to the education or training of such individuals.

    (2) Types of Federal financial assistance listed in Appendix A as 

respects employment opportunities provided thereunder, or in facilities 

provided thereunder, which are limited, or for which preference is 

given, to students,



[[Page 112]]



fellows, or other persons, including research associates, where in 

training for the same or related employments, have one of the above 

purposes as a primary purpose.

    (3) The requirements applicable to construction employment under any 

such program shall be those specified in or pursuant to part III of 

Executive Order 11246 or any Executive order which supersedes it.

    (4) Where a primary objective of the Federal financial assistance is 

not to provide employment, but discrimination on the grounds of race, 

color, or national origin in the employment practices of the recipient 

or other persons subject to the regulation tends, on the grounds of 

race, color, or national origin, to exclude individuals from 

participation in, to deny them the benefits of, or to subject them to 

discrimination under any program to which this regulation applies, the 

provisions of paragraph (c)(3) of this section shall apply to the 

employment practices of the recipient or other persons subject to the 

regulation, to the extent necessary to assure equality of opportunity 

to, and nondiscriminatory treatment of, beneficiaries.

    (d) Medical emergencies. Notwithstanding the foregoing provisions of 

this section, a recipient of Federal financial assistance shall not be 

deemed to have failed to comply with paragraph (a) of this section if 

immediate provision of a service or other benefit to an individual is 

necessary to prevent his death or serious impairment of his health, and 

such service or other benefit cannot be provided except by or through a 

medical institution which refuses or fails to comply with paragraph (a) 

of this section.



[29 FR 16305, Dec. 4, 1964, as amended at 38 FR 17985, July 5, 1973; 68 

FR 51382, Aug. 26, 2003]