(a) General. No person in the United States shall, on the grounds of
race, color, or national origin, be excluded from participation in, be
denied the benefits of, or be subjected to discrimination under, any
program or activity receiving Federal financial assistance from the
Department of Labor.
(b) Specific discriminatory actions prohibited. (1) A recipient
under any program to which this regulation 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 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, or
(vii) Deny an individual an opportunity to participate in a program
as an employee where a primary objective of the Federal financial
assistance is to provide employment.
(viii) 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 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 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
benefit 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 does not limit the generality of the prohibition in
paragraph (a).
(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.
(ii) Even in the absence of such prior discrimination, a recipient
in administering a program shall take affirmative action to overcome the
effects of conditions which resulted in limiting participation by
persons of a particular race, color or national origin.
(7) The following will illustrate the application of the provisions
of the foregoing paragraph to programs for which Federal financial
assistance is furnished by this Department:
(i) In some situations even though past discriminatory practices
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. 31.5(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 for such applicant or recipient
to take additional steps to make the benefits fully available to racial
and nationality groups previously subjected 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.
(ii) 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 some 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 an employment service office 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 provide that group with
more adequate service.
(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,
examination, appointment, training, promotion, retention or any other
personnel action.
(2) 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 provision of the
foregoing paragraph shall apply to the employment practices of the
recipient to the extent necessary to assure equality of opportunity to,
and nondiscriminatory treatment of, beneficiaries. Accordingly, the
employment practices of recipients under programs enumerated in
Secs. 31.3(d)(2) and 31.3(d)(3) are subject to the provisions of this
paragraph (c) to the extent necessary to assure equality of opportunity
to, and nondiscriminatory treatment of, the beneficiaries of the Federal
financial assistance. Any action taken by the Department pursuant to
this provision with respect to a State or local agency subject to the
Standards for a Merit System of Personnel Administration, 45 CFR part
70, shall be consistent with those standards and shall be coordinated
with the United States Civil Service Commission.
(3) The requirements applicable to construction employment under any
program for which Federal financial assistance is furnished by this
Department shall be those specified in or pursuant to part III of
Executive Order 11246 or any Executive order which supersedes it.
(d) In order that all parties may have a clear understanding of the
applicability of the regulations in this part to their activities, there
are listed in this section programs and activities together with
illustrations by way of example only, of types of activity covered by
the regulations in this part. These illustrations and examples, however,
are not intended to be all inclusive. The fact that a particular program
is not listed does not, of course, indicate that it is not covered by
the regulations in this part. Moreover, the examples set forth with
respect to any particular listed program are not limited to that program
alone and the prohibited actions described may also be prohibited in
other programs or activities whether or not listed below.
(1) Employment service programs. (i) The registration, counseling,
testing, recruitment, selection and referral of individuals for job
openings or training opportunities and all other activities performed by
or through employment service offices financed in whole or in part from
Federal funds, including the establishment and maintenance of physical
facilities, shall be conducted without regard to race, color, or
national origin.
(ii) No selection or referral of any individual for employment or
training shall be made on the basis of any job order or request
containing discriminatory specifications with regard to race, color, or
national origin.
(2) Manpower Development and Training Act, work-incentive under
Social Security Act, Area Redevelopment Act, work-training under
Economic Opportunity Act and other Government-sponsored training. (i)
The registration, counseling, testing, guidance, selection, referral or
training of any individual including employment as an enrollee under
title I-B of the Economic Opportunity Act shall be furnished without
discrimination because of race, color, or national origin.
(ii) The recruitment, examination, appointment, training, promotion,
retention, or any other personnel action with respect to any trainee or
enrollee under the Manpower Development and Training Act, Area
Redevelopment Act, or the Economic Opportunity Act while the individual
is receiving training or employment shall be without regard to race,
color or national origin.
(3) State and Federal Unemployment Insurance Programs; allowances
under Trade Readjustment Assistance Programs, Manpower Development and
Training Act, and Area Redevelopment Act. (i) The filing for,
adjudication and payment of benefits, establishment and maintenance of
physical facilities and other application of the laws shall be without
regard to race, color or national origin.
[29 FR 16284, Dec. 4, 1964, as amended at 38 FR 17957, July 5, 1973]
