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Sec. 188. Nondiscrimination
(a) In general
(1) Federal financial assistance For the purpose of applying the
prohibitions against discrimination on the basis of age under the Age
Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), on the basis of disability
under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), on the
basis of sex under title IX of the Education Amendments of 1972 (20 U.S.C. 1681
et seq.), or on the basis of race, color, or national origin under title VI of
the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), programs and activities
funded or otherwise financially assisted in whole or in part under this Act are
considered to be programs and activities receiving Federal financial
assistance.
(2) Prohibition of discrimination regarding participation, benefits, and
employment
No individual shall be excluded from participation in, denied the
benefits of, subjected to discrimination under, or denied employment in the
administration of or in connection with, any such program or activity because
of race, color, religion, sex (except as otherwise permitted under title IX of
the Education Amendments of 1972 (20 U.S.C. 1681 et seq.)), national origin,
age, disability, or political affiliation or belief.
(3) Prohibition on assistance for facilities for sectarian instruction
or religious worship
Participants shall not be employed under this chapter to carry out the
construction, operation, or maintenance of any part of any facility that is
used or to be used for sectarian instruction or as a place for religious
worship (except with respect to the maintenance of a facility that is not
primarily or inherently devoted to sectarian instruction or religious worship,
in a case in which the organization operating the facility is part of a program
or activity providing services to participants).
(4) Prohibition on discrimination on basis of participant status
No person may discriminate against an individual who is a participant in
a program or activity that receives funds under this chapter, with respect to
the terms and conditions affecting, or rights provided to, the individual,
solely because of the status of the individual as a participant.
(5) Prohibition on discrimination against certain noncitizens
Participation in programs and activities or receiving funds under this
chapter shall be available to citizens and nationals of the United States,
lawfully admitted permanent resident aliens, refugees, asylees, and parolees,
and other immigrants authorized by the Attorney General to work in the United
States.
(b) Action of Secretary Whenever the Secretary finds that a State or
other recipient of funds under this chapter has failed to comply with a
provision of law referred to in subsection (a)(1) of this section, or with
paragraph (2), (3), (4), or (5) of subsection (a) of this section, including an
applicable regulation prescribed to carry out such provision or paragraph, the
Secretary shall notify such State or recipient and shall request that the State
or recipient comply. If within a reasonable period of time, not to exceed 60
days, the State or recipient fails or refuses to comply, the Secretary may -
(1) refer the matter to the Attorney General with a recommendation that
an appropriate civil action be instituted; or
(2) take such other action as may be provided by law.
(c) Action of Attorney General
When a matter is referred to the Attorney General pursuant to subsection
(b)(1) of this section, or whenever the Attorney General has reason to believe
that a State or other recipient of funds under this chapter is engaged in a
pattern or practice of discrimination in violation of a provision of law
referred to in subsection (a)(1) of this section or in violation of paragraph
(2), General may bring a civil action in any appropriate district court of the
United States for such relief as may be appropriate, including injunctive
relief.
(d) Job Corps
For the purposes of this section, Job Corps members shall be considered
as the ultimate beneficiaries of Federal financial assistance.
(e) Regulations
The Secretary shall issue regulations necessary to implement this
section not later than one year after August 7, 1998. Such regulations shall
adopt standards for determining discrimination and procedures for enforcement
that are consistent with the Acts referred to in a subsection (a)(1) of this
section, as well as procedures to ensure that complaints filed under this
section and such Acts are processed in a manner that avoids duplication of
effort.
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