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e-CFR data is current as of August 4, 2020

Title 29Subtitle APart 38


TITLE 29—Labor

Subtitle A—OFFICE OF THE SECRETARY OF LABOR

PART 38—IMPLEMENTATION OF THE NONDISCRIMINATION AND EQUAL OPPORTUNITY PROVISIONS OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT

rule

Subpart A—GENERAL PROVISIONS

§38.1
Purpose.
§38.2
Applicability.
§38.3
Effect on other obligations.
§38.4
Definitions.
§38.5
General prohibitions on discrimination.
§38.6
Specific discriminatory actions prohibited on bases other than disability.
§38.7
Discrimination prohibited based on sex.
§38.8
Discrimination prohibited based on pregnancy.
§38.9
Discrimination prohibited based on national origin, including limited English proficiency.
§38.10
Harassment prohibited.
§38.11
Discrimination prohibited based on citizenship status.
§38.12
Discrimination prohibited based on disability.
§38.13
Accessibility requirements.
§38.14
Reasonable accommodations and reasonable modifications for individuals with disabilities.
§38.15
Communications with individuals with disabilities.
§38.16
Service animals.
§38.17
Mobility aids and devices.
§38.18
Employment practices covered.
§38.19
Intimidation and retaliation prohibited.
§38.20
Administration of this part.
§38.21
Interpretation of this part.
§38.22
Delegation of administration and interpretation of this part.
§38.23
Coordination with other agencies.
§38.24
Effect on other laws and policies.
rule

Subpart B—RECORDKEEPING AND OTHER AFFIRMATIVE OBLIGATIONS OF RECIPIENTS

Assurances

§38.25
A grant applicant's obligation to provide a written assurance.
§38.26
Duration and scope of the assurance.
§38.27
Covenants.

Equal Opportunity Officers

§38.28
Designation of Equal Opportunity Officers.
§38.29
Recipients' obligations regarding Equal Opportunity Officers.
§38.30
Requisite skill and authority of Equal Opportunity Officer.
§38.31
Equal Opportunity Officer responsibilities.
§38.32
Small recipient Equal Opportunity Officer obligations.
§38.33
Service provider Equal Opportunity Officer obligations.

Notice and Communication

§38.34
Recipients' obligations to disseminate equal opportunity notice.
§38.35
Equal opportunity notice/poster.
§38.36
Recipients' obligations to publish equal opportunity notice.
§38.37
Notice requirement for service providers.
§38.38
Publications, broadcasts, and other communications.
§38.39
Communication of notice in orientations.
§38.40
Affirmative outreach.

Data and Information Collection Maintenance

§38.41
Collection and maintenance of equal opportunity data and other information.
§38.42
Information to be provided to the Civil Rights Center (CRC) by grant applicants and recipients.
§38.43
Required maintenance of records by recipients.
§38.44
CRC access to information and information sources.
§38.45
Confidentiality responsibilities of grant applicants, recipients, and the Department.
rule

Subpart C—GOVERNOR'S RESPONSIBILITIES TO IMPLEMENT THE NONDISCRIMINATION AND EQUAL OPPORTUNITY REQUIREMENTS OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT (WIOA)

§38.50
Subpart application to State Programs.
§38.51
Governor's oversight and monitoring responsibilities for State Programs.
§38.52
Governor's liability for actions of recipients the Governor has financially assisted under Title I of WIOA.
§38.53
Governor's oversight responsibilities regarding recipients' recordkeeping.
§38.54
Governor's obligations to develop and implement a Nondiscrimination Plan.
§38.55
Schedule of the Governor's obligations regarding the Nondiscrimination Plan.
rule

Subpart D—COMPLIANCE PROCEDURES

§38.60
Evaluation of compliance.
§38.61
Authority to issue subpoenas.

Compliance Reviews

§38.62
Authority and procedures for pre-approval compliance reviews.
§38.63
Authority and procedures for conducting post-approval compliance reviews.
§38.64
Procedures for concluding post-approval compliance reviews.
§38.65
Authority to monitor the activities of a Governor.
§38.66
Notice to Show Cause issued to a recipient.
§38.67
Methods by which a recipient may show cause why enforcement proceedings should not be instituted.
§38.68
Failing to show cause.

Complaint Processing Procedures

§38.69
Complaint filing.
§38.70
Required contents of complaint.
§38.71
Right to representation.
§38.72
Required elements of a recipient's complaint processing procedures.
§38.73
Responsibility for developing and publishing complaint processing procedures for service providers.
§38.74
Recipient's obligations when it determines that it has no jurisdiction over a complaint.
§38.75
If the complainant is dissatisfied after receiving a Notice of Final Action.
§38.76
If a recipient fails to issue a Notice of Final Action within 90 days after the complaint was filed.
§38.77
Extension of deadline to file complaint.
§38.78
Determinations regarding acceptance of complaints.
§38.79
When a complaint contains insufficient information.
§38.80
Lack of jurisdiction.
§38.81
Complaint referral.
§38.82
Notice that complaint will not be accepted.
§38.83
Notice of complaint acceptance.
§38.84
Contacting CRC about a complaint.
§38.85
Alternative dispute resolution.

Complaint Determinations

§38.86
Notice at conclusion of complaint investigation.
§38.87
Director's Initial Determination that reasonable cause exists to believe that a violation has taken place.
§38.88
Director's Final Determination that no reasonable cause exists to believe that a violation has taken place.
§38.89
When the recipient fails or refuses to take the corrective action listed in the Initial Determination.
§38.90
Corrective or remedial action that may be imposed when the Director finds a violation.
§38.91
Post-violation procedures.
§38.92
Written assurance.
§38.93
Required elements of a conciliation agreement.
§38.94
When voluntary compliance cannot be secured.
§38.95
Enforcement when voluntary compliance cannot be secured.
§38.96
Contents of a Final Determination of a violation.
§38.97
Notification of finding of noncompliance.

Breaches of Conciliation Agreements

§38.98
Notification of Breach of Conciliation Agreement.
§38.99
Contents of Notification of Breach of Conciliation Agreement.
§38.100
Notification of an enforcement action based on breach of conciliation agreement.
rule

Subpart E—FEDERAL PROCEDURES FOR EFFECTING COMPLIANCE

§38.110
Enforcement procedures.
§38.111
Hearing procedures.
§38.112
Initial and final decision procedures.
§38.113
Suspension, termination, withholding, denial, or discontinuation of financial assistance.
§38.114
Distribution of WIOA Title I financial assistance to an alternate recipient.
§38.115
Post-termination proceedings.

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