(a) Initial and Continuing Notice. (l) A recipient shall provide
initial and continuing notice that it does not discriminate on any
prohibited ground, to: Applicants, eligible applicants, participants,
applicants for employment, employees, and members of the public,
including those with impaired vision or hearing, and unions or
professional organizations holding collective bargaining or professional
agreements with the recipient.
(2) The notice requirement imposed pursuant to paragraph (a)(1) of
this section requires, at a minimum, that the notice specified in
paragraph (a)(5) of this section be: posted prominently, in reasonable
numbers and places; disseminated in internal memoranda and other written
communications; included in handbooks or manuals; and made available to
each participant and made a part of the participant's file. The required
notice to the public applicable to generally-distributed publications is
contained in paragraph (b) of this section.
(3) The recipient shall provide that the initial and continuing
notice required by paragraph (a) of this section be provided in
appropriate formats to individuals with visual impairments. Where notice
has been given in an alternate format to a participant with a visual
impairment, a record that such notice has been given shall be made a
part of the participant's file.
(4) The notice required by paragraph (a) of this section must be
provided within 90 days of the effective date of this part or of the
date this part first applies to the recipient, whichever comes later.
(5) The notice required by paragraph (a) of this section shall
contain the following prescribed language:
Equal Opportunity Is the Law
This recipient is prohibited from discriminating on the ground of
race, color, religion, sex, national origin, age, disability, political
affiliation or belief, and for beneficiaries only, citizenship or
participation in programs funded under the Job Training Partnership Act,
as amended (JTPA), in admission or access to, opportunity or treatment
in, or employment in the administration of or in connection with, any
JTPA-funded program or activity. If you think that you have been
subjected to discrimination under a JTPA-funded program or activity, you
may file a complaint within 180 days from the date of the alleged
violation with the recipient's Equal Opportunity Officer (or the person
designated for this purpose), or you may file a complaint directly with
the Director, Directorate of Civil Rights (DCR), U.S. Department of
Labor, 200 Constitution Avenue NW., room N-4123, Washington, DC 20210.
If you elect to file your complaint with the recipient, you must wait
until the recipient issues a decision or until 60 days have passed,
whichever is sooner, before filing with DCR (see address above). If the
recipient has not provided you with a written decision within 60 days of
the filing of the complaint, you need not wait for a decision to be
issued, but may file a complaint with DCR within 30 days of the
expiration of the 60-day period. If you are dissatisfied with the
recipient's resolution of your complaint, you may file a complaint with
DCR. Such complaint must be filed within 30 days of the date you
received notice of the recipient's proposed resolution.
(6) The Governor, the SDA grant recipient or the Substate grantee,
as determined by the Governor in that State's Methods of Administration,
shall be responsible for meeting the notice requirement of paragraph (a)
of this section with respect to its service providers.
(7) Recipient's responsibility to provide notice. Whenever a
recipient passes on Federal financial assistance under JTPA to another
recipient, the recipient passing on such assistance shall provide the
recipient receiving the assistance with the notice prescribed in
paragraph (a)(5) of this section.
(b) Publications. (1) In recruitment brochures and other materials
which are ordinarily distributed to the public to describe programs
funded under JTPA or the requirements for participation by recipients
and participants, recipients shall indicate that the JTPA-funded program
or activity in
question is an ``equal opportunity employer/program'' and that
``auxiliary aids and services are available upon request to individuals
with disabilities.'' Where such materials indicate that the recipient
may be reached by telephone, the materials shall state the telephone
number of the TDD or relay service used by the recipient, as required by
Sec. 34.6.
(2) Recipients required by law or regulation to publish or broadcast
program information in the news media shall ensure that such
publications and broadcasts state that the JTPA-funded program or
activity in question is an equal opportunity employer/program (or
otherwise indicate that discrimination in the JTPA-funded program or
activity is prohibited by Federal law), and indicate that auxiliary aids
and services are available upon request to individuals with
disabilities.
(3) A recipient shall not use or distribute a publication of the
type described in paragraph (b) of this section which suggests, by text
or illustration, that such recipient treats beneficiaries, applicants,
participants, employees or applicants for employment differently on any
prohibited ground specified in Sec. 34.1(a), except as such treatment is
otherwise permitted under Federal law or this part.
(c) Services or information in a language other than English. A
significant number or proportion of the population eligible to be served
or likely to be directly affected by a JTPA-funded program or activity
may need service or information in a language other than English in
order that they be effectively informed of or able to participate in the
JTPA-funded program or activity. In such circumstances, the recipient
shall take reasonable steps, considering the scope of the program and
the size and concentration of such population, to provide to such
persons, in appropriate languages, the information needed; the initial
and continuing notice required pursuant to paragraph (a) of this
section; and such written materials as are distributed pursuant to
paragraph (b) of this section.
(d) Orientation. The recipient shall, during each presentation to
orient new participants and/or new employees to its JTPA-funded program
or activity, include a discussion of participants' and/or employees'
rights under the nondiscrimination and equal opportunity provisions of
JTPA and this part, including the right to file a complaint of
discrimination with the recipient or the Director.
(e) As provided in Sec. 34.6, the recipient shall take appropriate
steps to ensure that communications with individuals with disabilities
are as effective as communications with others.
