Part 38 - IMPLEMENTATION OF THE NONDISCRIMINATION AND EQUAL OPPORTUNITY PROVISIONS OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT  


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.
Subpart B—Recordkeeping and Other Affirmative Obligations of Recipients
§ 38.25 A grant applicant's obligation to provide a written assurance.
§ 38.26 Duration and scope of the assurance.
§ 38.27 Covenants.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
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.