(a) For the purposes of this section, ``prohibited ground'' means
race, color, religion, sex, national origin, age, political affiliation
or belief, and for beneficiaries only, citizenship or participation in
any WIA Title I--financially assisted program or activity.
(b) A recipient must not, directly or through contractual,
licensing, or other arrangements, on a prohibited ground:
(1) Deny an individual any aid, benefits, services, or training
provided under a WIA Title I--funded program or activity;
(2) Provide to an individual any aid, benefits, services, or
training that is different, or is provided in a different manner, from
that provided to others under a WIA Title I--funded program or
activity;
(3) Subject an individual to segregation or separate treatment in
any matter related to his or her receipt of any aid, benefits,
services, or training under a WIA Title I--funded program or activity;
(4) Restrict an individual in any way in the enjoyment of any
advantage or privilege enjoyed by others receiving any aid, benefits,
services, or training under a WIA Title I--funded program or activity;
(5) Treat an individual differently from others in determining
whether he or she satisfies any admission, enrollment, eligibility,
membership, or other requirement or condition for any aid, benefits,
services, or training provided under a WIA Title I--funded program or
activity;
(6) Deny or limit an individual with respect to any opportunity to
participate in a WIA Title I--funded program or activity, or afford him
or her an opportunity to do so that is different from the opportunity
afforded others under a WIA Title I--funded program or activity;
(7) Deny an individual the opportunity to participate as a member
of a planning or advisory body that is an integral part of the WIA
Title I--funded program or activity; or
(8) Otherwise limit on a prohibited ground an individual in
enjoyment of any right, privilege, advantage, or opportunity enjoyed by
others receiving any WIA Title I--financially assisted aid, benefits,
services, or training.
(c) A recipient must not, directly or through contractual,
licensing, or other arrangements:
(1) Aid or perpetuate discrimination by providing significant
assistance to an agency, organization, or person that discriminates on
a prohibited ground in providing any aid, benefits, services, or
training to registrants, applicants or participants in a WIA Title I--
funded program or activity; or
(2) Refuse to accommodate an individual's religious practices or
beliefs, unless to do so would result in undue hardship, as defined in
section 37.4.
(d) (1) In making any of the determinations listed in paragraph
(d)(2) of this section, either directly or through contractual,
licensing, or other arrangements, a recipient must not use standards,
procedures, criteria, or administrative methods that have any of the
following purposes or effects:
(i) Subjecting individuals to discrimination on a prohibited
ground; or
(ii) Defeating or substantially impairing, on a prohibited ground,
accomplishment of the objectives of either:
(A) The WIA Title I--funded program or activity; or
(B) the nondiscrimination and equal opportunity provisions of WIA
or this part.
(2) The determinations to which this paragraph applies include, but
are not limited to:
(i) The types of aid, benefits, services, training, or facilities
that will be provided under any WIA Title I--funded program or
activity;
(ii) The class of individuals to whom such aid, benefits, services,
training, or facilities will be provided; or
(iii) The situations in which such aid, benefits, services,
training, or facilities will be provided.
(3) Paragraph (d) of this section applies to the administration of
WIA Title I--funded programs or activities providing aid, benefits,
services, training, or facilities in any manner, including, but not
limited to:
(i) Outreach and recruitment;
(ii) Registration;
(iii) Counseling and guidance;
(iv) Testing;
(v) Selection, placement, appointment, and referral;
(vi) Training; and
(vii) Promotion and retention.
(4) A recipient must not take any of the prohibited actions listed
in paragraph (d) of this section either directly or through
contractual, licensing, or other arrangements.
(e) In determining the site or location of facilities, a grant
applicant or recipient must not make selections that have any of the
following purposes or effects:
(1) On a prohibited ground:
(i) Excluding individuals from a WIA Title I--financially assisted
program or activity;
(ii) Denying them the benefits of such a program or activity; or
(iii) Subjecting them to discrimination; or
(2) Defeating or substantially impairing the accomplishment of the
objectives of either:
(i) The WIA Title I--financially assisted program or activity; or
(ii) The nondiscrimination and equal opportunity provisions of WIA
or this part.
(f)(1) 29 CFR part 2, subpart D governs the circumstances under
which DOL support, including WIA Title I financial assistance, may be
used to employ or train participants in religious activities. Under
that subpart, such assistance may be used for such employment or
training only when the assistance is provided indirectly within the
meaning of the Establishment Clause of the U.S. Constitution, and not
when the assistance is provided directly. As explained in that subpart,
assistance provided through an Individual Training Account is generally
considered indirect, and other mechanisms may also be considered
indirect. See also Sec. Sec. 667.266 and 667.275 of 20 CFR. 29 CFR
part 2, subpart D also contains requirements
related to equal treatment of religious organizations in Department of
Labor programs, and to protection of religious liberty for Department
of Labor social service providers and beneficiaries.
(2) Except under the circumstances described in paragraph (f)(3)
below, a recipient must not employ participants to carry out the
construction, operation, or maintenance of any part of any facility
that is used, or to be used, for religious instruction or as a place
for religious worship.
(3) A recipient may employ participants to carry out the
maintenance of a facility that is not primarily or inherently devoted
to religious instruction or religious worship if the organization
operating the facility is part of a program or activity providing
services to participants.
(g) The exclusion of an individual from programs or activities
limited by Federal statute or Executive Order to a certain class or
classes of individuals of which the individual in question is not a
member is not prohibited by this part.
