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Code of Federal Regulations (Last Updated: April 5, 2024) |
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Title 29 - Labor |
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Subtitle A - Office of the Secretary of Labor |
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Part 38 - Implementation of the Nondiscrimination and Equal Opportunity Provisions of the Workforce Innovation and Opportunity Act |
Part 38 - Implementation of the Nondiscrimination and Equal Opportunity Provisions of the Workforce Innovation and Opportunity Act
| Subpart A - General Provisions |
| § 38.0 - Paperwork Reduction Act approval. |
| § 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. |
| Subpart B - Recordkeeping and Other Affirmative Obligations of Recipients |
| Data and Information Collection and Maintenance |
| 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. |
| Assurances |
| § 38.25 - A grant applicant's obligation to provide a written assurance. |
| § 38.26 - Duration and scope of the assurance. |
| § 38.27 - Covenants. |
| 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. |
| 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. |
| Subpart D - Compliance Procedures |
| § 38.60 - Evaluation of compliance. |
| § 38.61 - Authority to issue subpoenas. |
| 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. |
| Determinations |
| § 38.101 - Whom must the Director notify of a finding of noncompliance? |
| 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. |
| 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. |
| § 38.102 - What happens if a grant applicant or recipient breaches a Conciliation Agreement? |
| § 38.103 - Whom must the Director notify about a breach of a Conciliation Agreement? |
| § 38.104 - What information must a Notification of Breach of Conciliation Agreement contain? |
| § 38.105 - Whom must the Director notify if enforcement action under a Notification of Breach of Conciliation Agreement is commenced? |
| 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. |
| 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. |