[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR80.3]



[Page 298-299]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 80_NONDISCRIMINATION UNDER PROGRAMS RECEIVING FEDERAL ASSISTANCE 

THROUGH THE DEPARTMENT OF HEALTH AND HUMAN SERVICES EFFECTUATION OF TITLE 

VI OF THE CIVIL RIGHTS ACT OF 1964--Table of Contents

 

Sec.  80.3  Discrimination prohibited.



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

under any program to which this part applies may not, directly or 

through contractual or other arrangements, on 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 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 as 

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

section).

    (vii) Deny a person the opportunity to participate as a member of a 

planning or advisory body which is an integral part of the program.

    (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 respect individuals 

of a particular race, color, or national origin.

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

applicant or recipient may not make selections with the effect of 

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

them to discrimination under any programs to which this regulation 

applies, on the ground 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 benefits 

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)(i) In administering a program regarding which the recipient has 

previously discriminated against persons on the ground of race, color, 

or national origin, the recipient must take affirmative action to 

overcome the effects of prior discrimination.



[[Page 299]]



    (ii) Even in the absence of such prior discrimination, a recipient 

in administering a program may take affirmative action to overcome the 

effects of conditions which resulted in limiting participation by 

persons of a particular race, color, or national origin.

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

Federal financial assistance to a program to which this regulation 

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 reduce the employment of such 

individuals or to help them through employment to meet subsistence 

needs, (ii) to assist such individuals through employment to meet 

expenses incident to the commencement or continuation of their education 

or training, (iii) to provide work experience which contributes to the 

education or training of such individuals, or (iv) to provide 

remunerative activity to such individuals who because of handicaps 

cannot be readily absorbed in the competive labor market. The following, 

under existing laws, have one of the above objectives as a primary 

objective:

    (a) Projects under the Public Works Acceleration Act, Pub. L. 87-

658, 42 U.S.C. 2641-2643.

    (b) Work-study under the Vocational Education Act of 1963, as 

amended, 20 U.S.C. 1371-1374.

    (c) Programs assisted under laws listed in Appendix A to this part 

as respects employment opportunities provided thereunder, or in 

facilities provided thereunder, which are limited, or for which 

preference is given, to students, fellows, or other persons in training 

for the same or related employments.

    (d) Assistance to rehabilitation facilities under the Vocational 

Rehabilitation Act, 29 U.S.C. 32-34, 41a and 41b.

    (2) 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.

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

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

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

or other persons subject to the regulation tends, on the ground 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 foregoing provisions 

of this paragraph (c) 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) Indian Health and Cuban Refugee Services. An individual shall 

not be deemed subjected to discrimination by reason of his exclusion 

from benefits limited by Federal law to individuals of a particular 

race, color, or national origin different from his.

    (e) 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.



(Secs. 601, 602, 604, Civil Rights Act of 1964, 78 Stat. 252, 253 (42 

U.S.C. 2000d, 2000d-1, 2000d-3))



[29 FR 16298, Dec. 4, 1964, as amended at 38 FR 17979, 17982, July 5, 

1973; 70 FR 24318, May 9, 2005]