(a) Purpose. The purpose of this part is to implement the
nondiscrimination and equal opportunity provisions of the Job Training
Partnership Act of 1982, as amended (JTPA), which are contained in
section 167 of JTPA. Section 167 prohibits discrimination on the grounds
of race, color, religion, sex, national origin, age, disability,
political affiliation or belief, and for beneficiaries only, citizenship
or participation in JTPA. This part clarifies the application of the
nondiscrimination and equal opportunity provisions of JTPA and provides
uniform procedures for implementing them.
(b) Application of this part. This part applies to any recipient, as
defined in Sec. 34.2. This part also applies to the employment practices
of a recipient, as provided in Sec. 34.7.
(c) Effect of this part on other obligations.
(1) A recipient's compliance with this part shall satisfy any
obligation of the recipient to comply with 29 CFR part 31, implementing
title VI of the Civil Rights Act of 1964, as amended (title VI), and
with subparts A, D and E of 29 CFR part 32, implementing section 504 of
the Rehabilitation Act of 1973, as amended (section 504).
(2) However, compliance with this part shall not affect any
obligation of the recipient to comply with subparts B and C and appendix
A of 29 CFR part 32, which pertain to employment practices and
employment-related training, program accessibility, and accommodations
under section 504.
(3) Recipients that are also public entities or public
accommodations as defined by titles II and III of the Americans with
Disabilities Act of 1991 (ADA), should be aware of obligations imposed
pursuant to those titles.
(4) Compliance with this part does not affect, in any way, any
obligation that a recipient may have to comply with Executive Order
11246, as amended, section 503 of the Rehabilitation Act of 1973, as
amended (29 U.S.C. 793), the affirmative action provisions of the
Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended
(38 U.S.C. 4212), the Equal Pay Act of 1963, as amended (29 U.S.C.
206d), title VII of the Civil Rights Act of 1964, as amended (42 U.S.C.
2000e et seq.), the Age Discrimination in Employment Act of 1967, as
amended (29 U.S.C. 621), title IX of the Education Amendments of 1972,
as amended (20 U.S.C. 1681), the Americans with Disabilities Act of 1990
(ADA) (42 U.S.C. 12101 et seq.) and their respective implementing
regulations.
(5) This rule does not preempt consistent State and local
requirements.
(6) The rule generally codifies and consolidates already existing
nondiscrimination and equal opportunity requirements. However, to the
extent that this rule imposes any new requirements, it is not intended
to have retroactive effect.
(d) Limitation of Application. This part does not apply to:
(1) Programs or activities funded by the Department exclusively
under laws other than JTPA;
(2) Contracts of insurance or guaranty;
(3) Federal financial assistance to a person who is the ultimate
beneficiary under any program;
(4) Federal procurement contracts, with the exception of contracts
to operate or provide services to Job Corps Centers; and
(5) Federally-operated Job Corps Centers. The operating Department
is responsible for enforcing the nondiscrimination and equal opportunity
laws to which such Centers are subject.
