(a) (1) Each application for financial assistance under Title I of
WIA, as defined in Sec. 37.4, must include the following assurance:
As a condition to the award of financial assistance from the
Department of Labor under Title I of WIA, the grant applicant
assures that it will comply fully with the nondiscrimination and
equal opportunity provisions of the following laws:
Section 188 of the Workforce Investment Act of 1998 (WIA), which
prohibits discrimination against all individuals in the United
States on the basis of race, color, religion, sex, national origin,
age, disability, political affiliation or belief, and against
beneficiaries on the basis of either citizenship/status as a
lawfully admitted immigrant authorized to work in the United States
or participation in any WIA Title I--financially assisted program or
activity;
Title VI of the Civil Rights Act of 1964, as amended, which
prohibits discrimination on the bases of race, color and national
origin;
Section 504 of the Rehabilitation Act of 1973, as amended, which
prohibits discrimination against qualified individuals with
disabilities;
The Age Discrimination Act of 1975, as amended, which prohibits
discrimination on the basis of age; and
Title IX of the Education Amendments of 1972, as amended, which
prohibits discrimination on the basis of sex in educational
programs.
The grant applicant also assures that it will comply with 29 CFR
part 37 and all other regulations implementing the laws listed
above. This assurance applies to the grant applicant's operation of
the WIA Title I-financially assisted program or activity, and to all
agreements the grant applicant makes to carry out the WIA Title I-
financially assisted program or activity. The grant applicant
understands that the United States has the right to seek judicial
enforcement of this assurance.
(2) The assurance is considered incorporated by operation of law in
the grant, cooperative agreement, contract or other arrangement whereby
Federal financial assistance under Title I of the WIA is made
available, whether or not it is physically incorporated in such
document and whether or not there is a written agreement between the
Department and the recipient, between the Department and the Governor,
between the Governor and the recipient, or between recipients. The
assurance also may be incorporated by reference in such grants,
cooperative agreements, contracts, or other arrangements.
(b) Continuing State programs. Each Strategic Five-Year State Plan
submitted by a State to carry out a continuing WIA Title I-financially
assisted program or activity must provide a statement that the WIA
Title I-financially assisted program or activity is (or, in the case of
a new WIA Title I-financially assisted program or activity, will be)
conducted in compliance with the nondiscrimination and equal
opportunity provisions of WIA and this part, as a condition to the
approval of the Five-Year Plan and the extension of any WIA Title I
financial assistance under the Plan. The State also must certify that
it has developed and maintains a Methods of Administration under
Sec. 37.54.
