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.