(a) Discrimination on the ground of race, color, religion, sex,
national origin, age, disability, or political affiliation or belief is
prohibited in employment practices in the administration of, or in
connection with:
(1) Any WIA Title I-financially assisted program or activity; and
(2) Any program or activity that is part of the One-Stop delivery
system and is operated by a One-Stop partner listed in Section 121(b)
of WIA, to the extent that the program or activity is being conducted
as part of the One-Stop delivery system.
(b) Employee selection procedures. In implementing this section, a
recipient must comply with the Uniform Guidelines on Employee Selection
Procedures, 41 CFR part 60-3.
(c) Standards for employment-related investigations and reviews. In
any investigation or compliance review, the Director must consider
Equal Employment Opportunity Commission (EEOC) regulations, guidance
and appropriate case law in determining whether a recipient has engaged
in an unlawful employment practice.
(d) As provided in Sec. 37.3(b) of this part, 29 CFR part 32,
subparts B and C and Appendix A, which implement the requirements of
Section 504 pertaining to employment practices and employment-related
training, program accessibility, and reasonable accommodation, have
been incorporated into this part by reference. Therefore, recipients
must comply with the requirements set forth in those regulatory
sections as well as the requirements listed in this part.
(e) Recipients that are also employers, employment agencies, or
other entities covered by Titles I and II of the ADA should be aware of
obligations imposed by those titles. See 29 CFR part 1630 and 28 CFR
part 35.
(f) Similarly, recipients that are also employers covered by the
anti-discrimination provision of the Immigration and Nationality Act
should be aware of the obligations imposed by that provision. See 8
U.S.C. 1324b, as amended.
(g) This rule does not preempt consistent State and local
requirements.
