42 U.S.C. § 12637 — Nonduplication and nondisplacement
submitted 36 years ago by Pub. L. 101-610 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 599 words · no verdicts yet
National-service assistance must add to local activity and may not duplicate it. Employers may not use participants to replace workers, reduce their jobs or benefits, block promotions, or perform duties assigned to certain current, former, absent, or striking workers.
(a) Nonduplication. (1) Assistance may fund only a program that does not duplicate a local activity and adds to what is otherwise available there. (2) A private nonprofit may not receive assistance to do the same or substantially equivalent work as a State* or local agency in its area unless subsection (b) is satisfied.
(b) Nondisplacement. (1) An employer may not displace an employee, position, or volunteer (other than a national-service participant*), including by cutting hours, wages, or benefits, because it uses a participant. (2) A service opportunity may not interfere in any way with an employed person’s chance for promotion. (3)(A) A participant may not do work or duties an employee would otherwise perform as assigned work. (B) A participant may not do work that would replace hiring employed workers or work for which someone has recall rights under a collective bargaining agreement or personnel rules. (C) A participant may not do work formerly performed or assigned to a presently employed worker; a recently resigned or discharged employee; an employee subject to a reduction in force or with recall rights; an employee on terminal, temporary, vacation, emergency, or sick leave; or an employee on strike or locked out.
(c) Labor market information. The Secretary* of Labor must provide the Corporation* and program agencies suitable labor-market information for this subchapter.
(d) Treatment* of benefits. Allowances, earnings, and payments to participants do not count as income when deciding eligibility for or the amount of need-based Federal or federally assisted cash or in-kind aid, except as provided by the Social Security Act.
(e) Standards of conduct. Funded programs must establish and strictly enforce site standards promoting proper moral and disciplinary conditions.
(f) Parental involvement. (1) Programs serving children must consult their parents or legal guardians when developing and operating the programs. (2) Before transporting a minor, the program must tell the parents why and obtain their written permission, consistent with State law.
Assistance provided under the national service laws* shall be used only for a program that does not duplicate, and is in addition to, an activity otherwise available in the locality of such program.
Assistance made available under the national service laws shall not be provided to a private nonprofit entity to conduct activities that are the same or substantially equivalent to activities provided by a State* or local government agency that such entity resides in, unless the requirements of subsection (b) are met.
An employer shall not displace an employee, position, or volunteer (other than a participant* under the national service laws), including partial displacement such as reduction in hours, wages, or employment benefits, as a result of the use by such employer of a participant in a program receiving assistance under the national service laws.
A service opportunity shall not be created under the national service laws that will infringe in any manner on the promotional opportunity of an employed individual.
A participant in a program receiving assistance under the national service laws shall not perform any services or duties or engage in activities that would otherwise be performed by an employee as part of the assigned duties of such employee.
A participant in any program receiving assistance under the national service laws shall not perform any services or duties, or engage in activities, that—
will supplant the hiring of employed workers; or
are services, duties, or activities with respect to which an individual has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures.
A participant in any program receiving assistance under the national service laws shall not perform services or duties that have been performed by or were assigned to any—
presently employed worker;
employee who recently resigned or was discharged;
employee who—
is subject to a reduction in force; or
has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures;
employee who is on leave (terminal, temporary, vacation, emergency, or sick); or
employee who is on strike or who is being locked out.
The Secretary* of Labor shall make available to the Corporation* and to any program agency under this subchapter such labor market information as is appropriate for use in carrying out the purposes of this subchapter.
Allowances, earnings, and payments to individuals participating in programs that receive assistance under this subchapter shall not be considered to be income for the purposes of determining eligibility for and the amount of income transfer and in-kind aid furnished under any Federal or federally assisted program based on need, other than as provided under the Social Security Act (42 U.S.C. 301 et seq.).
Programs that receive assistance under this subchapter shall establish and stringently enforce standards of conduct at the program site to promote proper moral and disciplinary conditions.
Programs that receive assistance under the national service laws shall consult with the parents or legal guardians of children in developing and operating programs that include and serve children.
Programs that receive assistance under the national service laws shall, before transporting minor children, provide the children’s parents with the reason for the transportation and obtain the parents’ written permission for such transportation, consistent with State law.
Source credit: (Pub. L. 101–610, title I, § 177, Nov. 16, 1990, 104 Stat. 3163; Pub. L. 103–82, title I, § 117, title IV, § 402(b)(1), Sept. 21, 1993, 107 Stat. 864, 918; Pub. L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(42)(A)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–427; Pub. L. 111–13, title I, § 1605, Apr. 21, 2009, 123 Stat. 1530.)
- 1990Enacted · Pub. L. 101-610 · 104 Stat. 3163
- 1993Amended · Pub. L. 103-82 · 107 Stat. 864, 918
- 1998Amended · Pub. L. 105-277 · 112 Stat. 2681
- 2009Amended · Pub. L. 111-13 · 123 Stat. 1530
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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