|July 28, 2003|
Section 167 of the Job Training Partnership Act
Section 167. (a)(1) For the purpose of applying the prohibitions against discrimination on the basis of age, under the Age Discrimination Act of 1975, on the basis of disability under section 504 of the Rehabilitation Act, on the basis of sex under title IX of the Education Amendments of 1973, or the the basis of race, color or national origin under title VI of the Civil Rights Act of 1964, 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) 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 because of race, color, religion, sex, national origin, age, disability, or political affiliation or belief.
(3) Participants shall not be employed on the construction, operation, or maintenance of so much of any facility as is used or to be used for sectarian instruction or as a place of religious worship.
(4)With respect to terms and conditions affecting, or rights provided to, individuals who are participants in activities supported by funds provided under this Act, such individuals shall not be discriminated against solely because of their status as such participants.
(5) Participation in programs and activities financially assisted in whole or in part under this Act shall be open to citizens and nationals of the United States, lawfully admitted permanent resident aliens, lawfully admitted refugees and parolees, and other individuals authorized by the Attorney General to work in the United States.
(b) Whenever the Secretary finds that a State or other recipient has failed to comply with a provision of law referred to in subsection (a)(1), with paragraph (2), (3), (4), or (5) of subsection (a), or with an applicable regulation prescribed to carry out such paragraphs, the Secretary shall notify such State or recipient and shall request it to comply. If within a reasonable period of time, not to exceed sixty 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;
(2) exercise the powers and functions provided by title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975, or section 504 of the Rehabilitation Act, as may be applicable; or
(3) take such other action as may be provided by law.
(c) When a matter is referred to the Attorney General pursuant to subsection (b)(1), or whenever the Attorney General has reason to believe that a State or other recipient is engaged in a pattern or practice in violation of a provision of law referred to in subsection (a)(1) or in violation of paragraph (2), (3), (4), or (5) of subsection (a), the Attorney 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) For purposes of this section, Job Corps members shall be considered as the ultimate beneficiaries of Federal financial assistance.
(e)(1) The head of the office of the Department of Labor referred to as the "Directorate of Civil Rights" shall annually prepare a report on the administration and enforcement of this section.
(2) The report required by paragraph (1) shall include--
(A) an identification of the service delivery areas and States that have been determined, during the preceding program year, not to be in compliance with this section;
(B) for each such identification, the date on which the inquiry was begun and whether the inquiry was initiated on the basis of a complaint or at the initiative of the Department;
(C) an identification of the service delivery areas and States awaiting findings by the Directorate;
(D) the number of service delivery areas and States that, during the preceding year, were determined not to be in compliance with this section, and the number for which insufficient data prevented the making of such determination, identifying they type of data which is missing or inadequate;
(E) a statistical summary, broken down by race, sex, national origin, disability, or age, of the number of inquiries taken and their outcomes;
(F) an identification of any service delivery area or State that has been determined, during the preceding year, to have failed to conduct objective assessments as required by sections 204 and 264 on a nondiscriminatory basis;
(G) the amount expended by the Directorate for the administration and enforcement of this section, and the number and percentage of full-time employees, and the full-time equivalent of the part-time employees, engaged in such administration and enforcement;
(H) the number of onsite visits conducted each year, and whether the visits were initiated by the Department or by complaint;
(I) the number of cases referred to the Attorney General, and for such cases--
(i) the civil actions taken by the Attorney General thereon; and
(ii) the use, by the Secretary, of the authority of title VI of the Civil Rights Act of 1963 (42 U.S.C. 2000d et seq.), the Age Discrimination Act of 1975 (29 U.S.C. 621 et seq.), or section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); and
(J) a description of any other actions taken by the Secretary under or related to the administration and enforcement of this section
(3) The report required by this subsection shall be submitted to Congress as part of the Secretary's annual report under section 169(d).
(f) In addition to any other sums authorized to be appropriated under Federal law, there are authorized to be appropriated for the operations and expenses of the Directorate, such sums as may be necessary for the purpose of increasing the number of full-time equivalent personnel available to the Directorate in order to comply with the requirements of this section.
(g) The Secretary shall issue final regulations implementing this section not later that 90 days after the date of the enactment of the Job Training Reform Amendments of 1992.