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Content Last Revised: 7/12/2004 |
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Code of Federal Regulations Pertaining to U.S. Department of Labor |
| Employees' Benefits |
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| Employment and Training Administration, Department of Labor |
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| Administrative Provisions Under Title I of the Workforce Investment Act |
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| Administrative Rules, Costs and Limitations |
(a)(1) Recipients, including State and local workforce investment
boards, One-Stop operators, service providers, vendors and
subrecipients, must comply with the nondiscrimination and equal
opportunity provisions of WIA section 188 and its implementing
regulations.
(2) Nondiscrimination and equal opportunity requirements and
procedures, including complaint processing and compliance reviews, are
governed by the regulations implementing WIA sec. 188 and are
administered and enforced by the DOL Civil Rights Center.
(3) As described in Sec. 667.260(a), funds may be used to meet a
recipient's obligation to provide physical and programmatic
accessibility and reasonable accommodation in regard to the WIA
program, as required by section 504 of the Rehabilitation Act of 1973,
as amended, and the Americans with Disabilities Act of 1990, as
amended.
(b) 29 CFR part 2, subpart D governs the circumstances under which
recipients may use DOL support, including WIA Title I financial
assistance, 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 20 CFR 667.266 and 29 CFR 37.6(f)(1). 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 of Department of Labor social service
providers and beneficiaries. Limitations on the employment of
participants under WIA Title I to carry out the construction,
operation, or maintenance of any part of any facility used or to be
used for religious instruction or as a place of religious worship are
described at 29 CFR 37.6(f)(2). See section 188(a)(3) of the Workforce
Investment Act of 1998, 29 U.S.C. 2938(a)(3).