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42 U.S.C. § 12635 — Nondiscrimination

submitted 36 years ago by Pub. L. 101-610 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 364 words · no verdicts yet

in plain englishAI-generated · not legal advice

Covered projects may not discriminate against participants or staff on listed grounds, including disability for a qualified person with a disability. The assistance counts as Federal financial assistance under several civil-rights laws, and the Chief Executive Officer must issue enforcement rules.

(a) In general. (1) Basis. A person responsible for running a covered project may not discriminate against a participant or staff member because of race, color, national origin, sex, age, or political affiliation. The person also may not discriminate because of disability when the participant or staff member is a “qualified individual with a disability.” (2) “Qualified individual with a disability” defined. This section does not define that term. It uses the meaning given in section 12111(8) of this title.

(b) Federal financial assistance. Assistance under this subchapter is Federal financial assistance for purposes of title VI of the Civil Rights Act of 1964, title IX of the Education Amendments of 1972, section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975. It is also Federal financial assistance to an education program or activity for purposes of the Education Amendments of 1972.

(c) Religious discrimination. (1) In general. Except as provided in paragraph (2), a person responsible for a covered project may not discriminate because of religion against a participant or a staff member paid with money received under this subchapter. (2) Exception. That rule does not apply to employing, with this assistance, a project staff member who already worked for the organization running the project when the grant was awarded.

(d) Rules and regulations. The Chief Executive Officer must issue rules to enforce this section. They must allow emergency summary suspension of assistance for no more than 30 days until notice and a chance to be heard are provided.

the actual law source: uscode.house.gov ↗public domain
(a) In general
(1) Basis

An individual with responsibility for the operation of a project that receives assistance under this subchapter shall not discriminate against a participant in, or member of the staff of, such project on the basis of race, color, national origin, sex, age, or political affiliation of such participant or member, or on the basis of disability, if the participant or member is a qualified individual with a disability.

(2) “Qualified individual with a disability” defined

As used in paragraph (1), the term “qualified individual with a disability” has the meaning given the term in section 12111(8) of this title.

(b) Federal financial assistance

Any assistance provided under this subchapter shall constitute Federal financial assistance for purposes of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), and shall constitute Federal financial assistance to an education program or activity for purposes of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.).

(c) Religious discrimination
(1) In general

Except as provided in paragraph (2), an individual with responsibility for the operation of a project that receives assistance under this subchapter shall not discriminate on the basis of religion against a participant in such project or a member of the staff of such project who is paid with funds received under this subchapter.

(2) Exception

Paragraph (1) shall not apply to the employment, with assistance provided under this subchapter, of any member of the staff, of a project that receives assistance under this subchapter, who was employed with the organization operating the project on the date the grant under this subchapter was awarded.

(d) Rules and regulations

The Chief Executive Officer shall promulgate rules and regulations to provide for the enforcement of this section that shall include provisions for summary suspension of assistance for not more than 30 days, on an emergency basis, until notice and an opportunity to be heard can be provided.

Source credit: (Pub. L. 101–610, title I, § 175, Nov. 16, 1990, 104 Stat. 3161; Pub. L. 103–82, title I, § 115, Sept. 21, 1993, 107 Stat. 862.)

history & why it existsrecord from the source credit
  • 1990Enacted · Pub. L. 101-610 · 104 Stat. 3161
  • 1993Amended · Pub. L. 103-82 · 107 Stat. 862

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-610 on 1990-11-16.

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