[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: 45CFR80.5]



[Page 301-303]

 

                        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.  80.5  Illustrative application.



    The following examples will illustrate the programs aided by Federal 

financial assistance of the Department. (In all cases the discrimination 

prohibited is discrimination on the ground of race, color, or national 

origin prohibited by Title VI of the Act and this regulation, as a 

condition of the receipt of Federal financial assistance).

    (a) In federally assisted programs for the provision of health or 

welfare services, discrimination in the selection or eligibility of 

individuals to receive the services, and segregation or other 

discriminatory practices in the manner of providing them, are 

prohibited. This prohibition extends to all facilities and services 

provided by the grantee or, if the grantee is a State, by a political 

subdivision of the State. It extends also to services purchased or 

otherwise obtained by the grantee (or political subdivision) from 

hospitals, nursing homes, schools, and similar institutions for 

beneficiaries of the program, and to the facilities in which such 

services are provided, subject, however, to the provisions of Sec.  

80.3(e).

    (b) In federally-affected area assistance (Pub. L. 815 and Pub. L. 

874) for construction aid and for general support of the operation of 

elementary or secondary schools, or in more limited support to such 

schools such as for the acquisition of equipment, the provision of 

vocational education, or the provision of guidance and counseling 

services, discrimination by the recipient school district in any of its 

elementary or secondary schools in the admission of students, or in the 

treatment of its students in any aspect of the educational process, is 

prohibited. In this and the following illustrations the prohibition of 

discrimination in the treatment of students or other trainees includes 

the prohibition of discrimination among the students or trainees in the 

availability or use of any academic, dormitory, eating, recreational, or 

other facilities of the grantee or other recipient.

    (c) In a research, training, demonstration, or other grant to a 

university for activities to be conducted in a graduate school, 

discrimination in the admission and treatment of students in the 

graduate school is prohibited, and



[[Page 302]]



the prohibition extends to the entire university.

    (d) In a training grant to a hospital or other nonacademic 

institution, discrimination is prohibited in the selection of 

individuals to be trained and in their treatment by the grantee during 

their training. In a research or demonstration grant to such an 

institution discrimination is prohibited with respect to any educational 

activity and any provision of medical or other services and any 

financial aid to individuals incident to the program.

    (e) In grants to assist in the construction of facilities for the 

provision of health, educational or welfare services, assurances will be 

required that services will be provided without discrimination, to the 

same extent that discrimination would be prohibited as a condition of 

Federal operating grants for the support of such services. Thus, as a 

condition of grants for the construction of academic, research, or other 

facilities at institutions of higher education, assurances will be 

required that there will be no discrimination in the admission or 

treatment of students. In case of hospital construction grants the 

assurance will apply to patients, to interns, residents, student nurses, 

and other trainees, and to the privilege of physicians, dentists, and 

other professionally qualified persons to practice in the hospital, and 

will apply to the entire facility for which, or for a part of which, the 

grant is made, and to facilities operated in connection therewith.

    (f) Upon transfers of real or personal surplus property for health 

or educational uses, discrimination is prohibited to the same extent as 

in the case of grants for the construction of facilities or the 

provision of equipment for like purposes.

    (g) Each applicant for a grant for the construction of educational 

television facilities is required to provide an assurance that it will, 

in its broadcast services, give due consideration to the interests of 

all significant racial or ethnic groups within the population to be 

served by the applicant.

    (h) A recipient may not take action that is calculated to bring 

about indirectly what this regulation forbids it to accomplish directly. 

Thus, a State, in selecting or approving projects or sites for the 

construction of public libraries which will receive Federal financial 

assistance, may not base its selections or approvals on criteria which 

have the effect of defeating or of substantially impairing 

accomplishments of the objectives of the Federal assistance as respects 

individuals of a particular race, color or national origin.

    (i) In some situations, even though past discriminatory practices 

attributable to a recipient or applicant have been abandoned, the 

consequences of such practices continue to impede the full availability 

of a benefit. If the efforts required of the applicant or recipient 

under Sec.  80.6(d), to provide information as to the availability of 

the program or activity and the rights of beneficiaries under this 

regulation, have failed to overcome these consequences, it will become 

necessary under the requirement stated in (i) of Sec.  80.3(b) (6) for 

such applicant or recipient to take additional steps to make the 

benefits fully available to racial and nationality groups previously 

subject to discrimination. This action might take the form, for example, 

of special arrangements for obtaining referrals or making selections 

which will insure that groups previously subjected to discrimination are 

adequately served.

    (j) Even though an applicant or recipient has never used 

discriminatory policies, the services and benefits of the program or 

activity it administers may not in fact be equally available to some 

racial or nationality groups. In such circumstances, an applicant or 

recipient may properly give special consideration to race, color, or 

national origin to make the benefits of its program more widely 

available to such groups, not then being adequately served. For example, 

where a university is not adequately serving members of a particular 

racial or nationality group, it may establish special recruitment 

policies to make its program better known and more readily available to 

such group, and take other steps to



[[Page 303]]



provide that group with more adequate service.



(Secs. 601, 602, Civil Rights Act of 1964, 78 Stat. 252 (42 U.S.C. 

2000d, 2000d-1))



[29 FR 16298, Dec. 4, 1964; 29 FR 16988, Dec. 11, 1964, as amended at 38 

FR 17980, 17982, July 5, 1973; 70 FR 24318, May 9, 2005]