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Electronic Code of Federal Regulations

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e-CFR Data is current as of September 22, 2014

Title 29Subtitle APart 37


TITLE 29—Labor

Subtitle A—OFFICE OF THE SECRETARY OF LABOR

PART 37—IMPLEMENTATION OF THE NONDISCRIMINATION AND EQUAL OPPORTUNITY PROVISIONS OF THE WORKFORCE INVESTMENT ACT OF 1998 (WIA)

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Subpart A—GENERAL PROVISIONS

§37.1
What is the purpose of this part?
§37.2
To whom does this part apply, and what is the scope of this part?
§37.3
How does this part affect a recipient's other obligations?
§37.4
What definitions apply to this part?
§37.5
What forms of discrimination are prohibited by this part?
§37.6
What specific discriminatory actions, based on prohibited grounds other than disability, are prohibited by this part, and what limitations are there related to religious activities?
§37.7
What specific discriminatory actions based on disability are prohibited by this part?
§37.8
What are a recipient's responsibilities regarding reasonable accommodation and reasonable modification for individuals with disabilities?
§37.9
What are a recipient's responsibilities to communicate with individuals with disabilities?
§37.10
To what extent are employment practices covered by this part?
§37.11
To what extent are intimidation and retaliation prohibited by this part?
§37.12
What Department of Labor office is responsible for administering this part?
§37.13
Who is responsible for providing interpretations of this part?
§37.14
Under what circumstances may the Secretary delegate the responsibilities of this part?
§37.15
What are the Director's responsibilities to coordinate with other civil rights agencies?
§37.16
What is this part's effect on a recipient's obligations under other laws, and what limitations apply?
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Subpart B—RECORDKEEPING AND OTHER AFFIRMATIVE OBLIGATIONS OF RECIPIENTS

§37.20
What is a grant applicant's obligation to provide a written assurance?
§37.21
How long will the recipient's obligation under the assurance last, and how broad is the obligation?
§37.22
How must covenants be used in connection with this part?
§37.23
Who must designate an Equal Opportunity Officer?
§37.24
Who is eligible to serve as an Equal Opportunity Officer?
§37.25
What are the responsibilities of an Equal Opportunity Officer?
§37.26
What are a recipient's obligations relating to the Equal Opportunity Officer?
§37.27
What are the obligations of small recipients regarding Equal Opportunity Officers?
§37.28
What are the obligations of service providers regarding Equal Opportunity Officers?

Notice and Communication

§37.29
What are a recipient's obligations to disseminate its equal opportunity policy?
§37.30
What specific wording must the notice contain?
§37.31
Where must the notice required by §§37.29 and 37.30 be published?
§37.32
When must the notice required by §§37.29 and 37.30 be provided?
§37.33
Who is responsible for meeting the notice requirement with respect to service providers?
§37.34
What type of notice must a recipient include in publications, broadcasts, and other communications?
§37.35
What are a recipient's responsibilities to provide services and information in languages other than English?
§37.36
What responsibilities does a recipient have to communicate information during orientations?

Data and Information Collection and Maintenance

§37.37
What are a recipient's responsibilities to collect and maintain data and other information?
§37.38
What information must grant applicants and recipients provide to CRC?
§37.39
How long must grant applicants and recipients maintain the records required under this part?
§37.40
What access to sources of information must grant applicants and recipients provide the Director?
§37.41
What responsibilities do grant applicants, recipients, and the Department have to maintain the confidentiality of the information collected?
§37.42
What are a recipient's responsibilities under this part to provide universal access to WIA Title I-financially assisted programs and activities?
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Subpart C—GOVERNOR'S RESPONSIBILITIES TO IMPLEMENT THE NONDISCRIMINATION AND EQUAL OPPORTUNITY REQUIREMENTS OF WIA

§37.50
To whom does this subpart apply?
§37.51
What are a Governor's oversight responsibilities?
§37.52
To what extent may a Governor be liable for the actions of a recipient he or she has financially assisted under WIA Title I?
§37.53
What are a Governor's oversight responsibilities regarding recipients' recordkeeping?
§37.54
What are a Governor's obligations to develop and maintain a Methods of Administration?
§37.55
When must the Governor carry out his or her obligations with regard to the Methods of Administration?
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Subpart D—COMPLIANCE PROCEDURES

§37.60
How does the Director evaluate compliance with the nondiscrimination and equal opportunity provisions of WIA and this part?
§37.61
Is there authority to issue subpoenas?
§37.62
What are the authority and procedures for conducting pre-approval compliance reviews?
§37.63
What are the authority and procedures for conducting post-approval compliance reviews?
§37.64
What procedures must the Director follow when CRC has completed a post-approval compliance review?
§37.65
What is the Director's authority to monitor the activities of a Governor?
§37.66
What happens if a recipient fails to submit requested data, records, and/or information, or fails to provide CRC with the required access?
§37.67
What information must a Notice to Show Cause contain?
§37.68
How may a recipient show cause why enforcement proceedings should not be instituted?
§37.69
What happens if a recipient fails to show cause?
§37.70
Who may file a complaint concerning discrimination connected with WIA Title I?
§37.71
Where may a complaint be filed?
§37.72
When must a complaint be filed?
§37.73
What information must a complaint contain?
§37.74
Are there any forms that a complainant may use to file a complaint?
§37.75
Is there a right of representation in the complaint process?
§37.76
What are the required elements of a recipient's discrimination complaint processing procedures?
§37.77
Who is responsible for developing and publishing complaint processing procedures for service providers?
§37.78
Does a recipient have any special obligations in cases in which the recipient determines that it has no jurisdiction over a complaint?
§37.79
If, before the 90-day period has expired, a recipient issues a Notice of Final Action with which the complainant is dissatisfied, how long does the complainant have to file a complaint with the Director?
§37.80
What happens if a recipient fails to issue a Notice of Final Action within 90 days of the date on which a complaint was filed?
§37.81
Are there any circumstances under which the Director may extend the time limit for filing a complaint with him or her?
§37.82
Does the Director accept every complaint for resolution?
§37.83
What happens if a complaint does not contain enough information?
§37.84
What happens if CRC does not have jurisdiction over a complaint?
§37.85
Are there any other circumstances in which the Director will send a complaint to another authority?
§37.86
What must the Director do if he or she determines that a complaint will not be accepted?
§37.87
What must the Director do if he or she determines that a complaint will be accepted?
§37.88
Who may contact CRC about a complaint?
§37.89
May the Director offer the parties to a complaint the option of mediation?
§37.90
If a complaint is investigated, what must the Director do when the investigation is completed?
§37.91
What notice must the Director issue if he or she finds reasonable cause to believe that a violation has taken place?
§37.92
What notice must the Director issue if he or she finds no reasonable cause to believe that a violation has taken place?
§37.93
What happens if the Director finds that a violation has taken place, and the recipient fails or refuses to take the corrective action listed in the Initial Determination?
§37.94
What corrective or remedial actions may be imposed where, after a compliance review or complaint investigation, the Director finds a violation of the nondiscrimination and equal opportunity provisions of WIA or this part?
§37.95
What procedures apply if the Director finds that a recipient has violated the nondiscrimination and equal opportunity provisions of WIA or this part?
§37.96
What are the required elements of a written assurance?
§37.97
What are the required elements of a Conciliation Agreement?
§37.98
When will the Director conclude that compliance cannot be secured by voluntary means?
§37.99
If the Director concludes that compliance cannot be secured by voluntary means, what actions must he or she take?
§37.100
What information must a Final Determination contain?
§37.101
Whom must the Director notify of a finding of noncompliance?
§37.102
What happens if a grant applicant or recipient breaches a Conciliation Agreement?
§37.103
Whom must the Director notify about a breach of a Conciliation Agreement?
§37.104
What information must a Notification of Breach of Conciliation Agreement contain?
§37.105
Whom must the Director notify if enforcement action under a Notification of Breach of Conciliation Agreement is commenced?
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Subpart E—FEDERAL PROCEDURES FOR EFFECTING COMPLIANCE

§37.110
What enforcement procedures does the Department follow to effect compliance with the nondiscrimination and equal opportunity provisions of WIA and this part?
§37.111
What hearing procedures does the Department follow?
§37.112
What procedures for initial and final decisions does the Department follow?
§37.113
What procedure does the Department follow to suspend, terminate, withhold, deny or discontinue WIA Title I financial assistance?
§37.114
What procedure does the Department follow to distribute WIA Title I financial assistance to an alternate recipient?
§37.115
What procedures does the Department follow for post-termination proceedings?


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