[Code of Federal Regulations] [Title 28, Volume 1] [Revised as of July 1, 2006] From the U.S. Government Printing Office via GPO Access [CITE: 28CFR42.1] [Page 787-789] TITLE 28--JUDICIAL ADMINISTRATION CHAPTER I--DEPARTMENT OF JUSTICE PART 42_NONDISCRIMINATION; EQUAL EMPLOYMENT OPPORTUNITY; POLICIES AND PROCEDURES--Table of Contents Subpart A_Equal Employment Opportunity Within the Department of Justice Sec. 42.1 Policy. Subpart A_Equal Employment Opportunity Within the Department of Justice Sec. 42.1 Policy. 42.2 Designation of Director of Equal Employment Opportunity and Complaint Adjudication Officer. 42.3 Responsibility for Department of Justice Equal Opportunity Recruitment Program. Subpart B [Reserved] Subpart C_Nondiscrimination in Federally Assisted Programs_ Implementation of Title VI of the Civil Rights Act of 1964 42.101 Purpose. 42.102 Definitions. 42.103 Application of this subpart. 42.104 Discrimination prohibited. 42.105 Assurance required. 42.106 Compliance information. 42.107 Conduct of investigations. 42.108 Procedure for effecting compliance. 42.109 Hearings. 42.110 Decisions and notices. 42.111 Judicial review. 42.112 Effect on other regulations; forms and instructions. Appendix A to Subpart C--Federal Financial Assistance Administered by the Department of Justice to Which This Subpart Applies Subpart D_Nondiscrimination in Federally Assisted Programs_ Implementation of Section 815(c)(1) of the Justice System Improvement Act of 1979 42.201 Purpose and application. 42.202 Definitions. 42.203 Discrimination prohibited. 42.204 Applicants' obligations. 42.205 Complaint investigation. 42.206 Compliance reviews. 42.207 Compliance information. 42.208 Notice of noncompliance. 42.209 Compliance secured. 42.210 Compliance not secured. 42.211 Resumption of suspended funds. 42.212 Preliminary hearing. 42.213 Full hearing. 42.214 Judicial review. 42.215 Other actions authorized under the JSIA. Appendix A to Subpart D--Commentary Subpart E_Equal Employment Opportunity Program Guidelines 42.301 Purpose. 42.302 Application. 42.303 Evaluation of employment opportunities. 42.304 Written equal employment opportunity program. 42.305 Recordkeeping and certification. 42.306 Guidelines. 42.307 Obligations of recipients. 42.308 Noncompliance. Subpart F_Coordination of Enforcement of Non-discrimination in Federally Assisted Programs 42.401 Purpose and application. 42.402 Definitions. 42.403 Agency regulations. 42.404 Guidelines. 42.405 Public dissemination of title VI information. 42.406 Data and information collection. 42.407 Procedures to determine compliance. 42.408 Complaint procedures. 42.409 Employment practices. 42.410 Continuing State programs. 42.411 Methods of resolving noncompliance. 42.412 Coordination. 42.413 Interagency cooperation and delegations. 42.414 Federal agency staff. [[Page 788]] 42.415 Federal agency title VI enforcement plan. Subpart G_Nondiscrimination Based on Handicap in Federally Assisted Programs or Activities_Implementation of Section 504 of the Rehabilitation Act of 1973 General Provisions 42.501 Purpose. 42.502 Application. 42.503 Discrimination prohibited. 42.504 Assurances required. 42.505 Administrative requirements for recipients. Employment 42.510 Discrimination prohibited. 42.511 Reasonable accommodation. 42.512 Employment criteria. 42.513 Preemployment inquiries. Program Accessibility 42.520 Discrimination prohibited. 42.521 Existing facilities. 42.522 New construction. Procedures 42.530 Procedures. Definitions 42.540 Definitions. Appendix A to Subpart G--Federal Financial Assistance Administered by the Department of Justice to Which This Subpart Applies Appendix B to Subpart G [Reserved] Appendix C to Subpart G--Department Regulations Under Title VI of the Civil Rights Act of 1964 (28 CFR 42.106-42.110) Which Apply to This Subpart [Note] Appendix D to Subpart G--OJARS' Regulations Under the Omnibus Crime Control and Safe Streets Act, as Amended, Which Apply to This Subpart (28 CFR 42.205 and 42.206) [Note] Subpart H_Procedures for Complaints of Employment Discrimination Filed Against Recipients of Federal Financial Assistance 42.601 Purpose and application. 42.602 Exchange of information. 42.603 Confidentiality. 42.604 Standards for investigation, reviews and hearings. 42.605 Agency processing of complaints of employment discrimination. 42.606 General rules concerning EEOC action on complaints. 42.607 EEOC dismissals of complaints. 42.608 Agency action on complaints dismissed by EEOC. 42.609 EEOC reasonable cause determination and conciliation efforts. 42.610 Agency enforcement of unresolved complaints. 42.611 EEOC negotiated settlements and conciliation agreements. 42.612 Interagency consultation. 42.613 Definitions. Subpart I_Nondiscrimination on the Basis of Age in Federally Assisted Programs or Activities; Implementation of the Age Discrimination Act of 1975 General Provisions 42.700 Purpose. 42.701 Application. 42.702 Definitions. 42.703-42.709 [Reserved] Standards for Determining Age Discrimination 42.710 General prohibition. 42.711 Exception; authorized by law. 42.712 Exception; normal operation or statutory objective. 42.713 Exception; reasonable factors other than age. 42.714 Special benefits. 42.715 Burden of proof regarding exceptions. 42.716-42.719 [Reserved] Duties of Recipients 42.720 General responsibility. 42.721 Notice to subrecipients. 42.722 Recipient assessment of age distinctions. 42.723 Compliance information. 42.724 Remedial and affirmative action. 42.725 Assurance of compliance. 42.726-42.729 [Reserved] Compliance Procedures 42.730 Compliance reviews. 42.731 Complaints. 42.732 Prohibition against intimidation. 42.733 Enforcement procedures. 42.734 Alternative funding. 42.735 Judicial review. 42.736 Private lawsuits. 42.737-42.799 [Reserved] Appendix A to Subpart I of Part 42--Federal Financial Assistance Administered by the Department of Justice to Which This Subpart Applies Appendix B to Subpart I of Part 42--Age Distinctions in Federal Statutes or Regulations Affecting Financial Assistance Administered by the Department of Justice [[Page 789]] Authority: 5 U.S.C. 301, 28 U.S.C. 509, 510; E.O. 11246, 3 CFR 1964- 1965 Comp., p. 339; E.O. 11478, 3 CFR 1966-1970 Comp., p. 803. (a) It is the policy of the Department of Justice to seek to eliminate discrimination on the basis of race, color, religion, sex, sexual orientation, national origin, marital status, political affiliation, age, or physical or mental handicap in employment within the Department and to assure equal employment opportunity for all employees and applicants for employment. (b) No person shall be subject to retaliation for opposing any practice prohibited by the above policy or for participating in any stage of administrative or judicial proceedings related to this policy. [Order No. 2037-96, 61 FR 34730, July 3, 1996; 61 FR 43119, Aug. 20, 1996]