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FEDERAL · 29 CFR

Part 38 — Implementation of the Nondiscrimination and Equal Opportunity Provisions of the Workforce Innovation and Opportunity Act

98 sections · Title 29: Labor

§ 38.1Purpose.
§ 38.2Applicability.
§ 38.3Effect on other obligations.
§ 38.4Definitions.
§ 38.5General prohibitions on discrimination.
§ 38.6Specific discriminatory actions prohibited on bases other than disability.
§ 38.7Discrimination prohibited based on sex.
§ 38.8Discrimination prohibited based on pregnancy.
§ 38.9Discrimination prohibited based on national origin, including limited English proficiency.
§ 38.10Harassment prohibited.
§ 38.11Discrimination prohibited based on citizenship status.
§ 38.12Discrimination prohibited based on disability.
§ 38.13Accessibility requirements.
§ 38.14Reasonable accommodations and reasonable modifications for individuals with disabilities.
§ 38.15Communications with individuals with disabilities.
§ 38.16Service animals.
§ 38.17Mobility aids and devices.
§ 38.18Employment practices covered.
§ 38.19Intimidation and retaliation prohibited.
§ 38.20Administration of this part.
§ 38.21Interpretation of this part.
§ 38.22Delegation of administration and interpretation of this part.
§ 38.23Coordination with other agencies.
§ 38.24Effect on other laws and policies.
§ 38.25A grant applicant's obligation to provide a written assurance.
§ 38.26Duration and scope of the assurance.
§ 38.27Covenants.
§ 38.28Designation of Equal Opportunity Officers.
§ 38.29Recipients' obligations regarding Equal Opportunity Officers.
§ 38.30Requisite skill and authority of Equal Opportunity Officer.
§ 38.31Equal Opportunity Officer responsibilities.
§ 38.32Small recipient Equal Opportunity Officer obligations.
§ 38.33Service provider Equal Opportunity Officer obligations.
§ 38.34Recipients' obligations to disseminate equal opportunity notice.
§ 38.35Equal opportunity notice/poster.
§ 38.36Recipients' obligations to publish equal opportunity notice.
§ 38.37Notice requirement for service providers.
§ 38.38Publications, broadcasts, and other communications.
§ 38.39Communication of notice in orientations.
§ 38.40Affirmative outreach.
§ 38.41Collection and maintenance of equal opportunity data and other information.
§ 38.42Information to be provided to the Civil Rights Center (CRC) by grant applicants and recipients.
§ 38.43Required maintenance of records by recipients.
§ 38.44CRC access to information and information sources.
§ 38.45Confidentiality responsibilities of grant applicants, recipients, and the Department.
§ 38.50Subpart application to State Programs.
§ 38.51Governor's oversight and monitoring responsibilities for State Programs.
§ 38.52Governor's liability for actions of recipients the Governor has financially assisted under Title I of WIOA.
§ 38.53Governor's oversight responsibilities regarding recipients' recordkeeping.
§ 38.54Governor's obligations to develop and implement a Nondiscrimination Plan.
§ 38.55Schedule of the Governor's obligations regarding the Nondiscrimination Plan.
§ 38.60Evaluation of compliance.
§ 38.61Authority to issue subpoenas.
§ 38.62Authority and procedures for pre-approval compliance reviews.
§ 38.63Authority and procedures for conducting post-approval compliance reviews.
§ 38.64Procedures for concluding post-approval compliance reviews.
§ 38.65Authority to monitor the activities of a Governor.
§ 38.66Notice to Show Cause issued to a recipient.
§ 38.67Methods by which a recipient may show cause why enforcement proceedings should not be instituted.
§ 38.68Failing to show cause.
§ 38.69Complaint filing.
§ 38.70Required contents of complaint.
§ 38.71Right to representation.
§ 38.72Required elements of a recipient's complaint processing procedures.
§ 38.73Responsibility for developing and publishing complaint processing procedures for service providers.
§ 38.74Recipient's obligations when it determines that it has no jurisdiction over a complaint.
§ 38.75If the complainant is dissatisfied after receiving a Notice of Final Action.
§ 38.76If a recipient fails to issue a Notice of Final Action within 90 days after the complaint was filed.
§ 38.77Extension of deadline to file complaint.
§ 38.78Determinations regarding acceptance of complaints.
§ 38.79When a complaint contains insufficient information.
§ 38.80Lack of jurisdiction.
§ 38.81Complaint referral.
§ 38.82Notice that complaint will not be accepted.
§ 38.83Notice of complaint acceptance.
§ 38.84Contacting CRC about a complaint.
§ 38.85Alternative dispute resolution.
§ 38.86Notice at conclusion of complaint investigation.
§ 38.87Director's Initial Determination that reasonable cause exists to believe that a violation has taken place.
§ 38.88Director's Final Determination that no reasonable cause exists to believe that a violation has taken place.
§ 38.89When the recipient fails or refuses to take the corrective action listed in the Initial Determination.
§ 38.90Corrective or remedial action that may be imposed when the Director finds a violation.
§ 38.91Post-violation procedures.
§ 38.92Written assurance.
§ 38.93Required elements of a conciliation agreement.
§ 38.94When voluntary compliance cannot be secured.
§ 38.95Enforcement when voluntary compliance cannot be secured.
§ 38.96Contents of a Final Determination of a violation.
§ 38.97Notification of finding of noncompliance.
§ 38.98Notification of Breach of Conciliation Agreement.
§ 38.99Contents of Notification of Breach of Conciliation Agreement.
§ 38.100Notification of an enforcement action based on breach of conciliation agreement.
§ 38.110Enforcement procedures.
§ 38.111Hearing procedures.
§ 38.112Initial and final decision procedures.
§ 38.113Suspension, termination, withholding, denial, or discontinuation of financial assistance.
§ 38.114Distribution of WIOA Title I financial assistance to an alternate recipient.
§ 38.115Post-termination proceedings.