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CHAPTER 1-DEPARTMENT OF VETERANS
EDITORIAL NOTE: Nomenclature changes affecting chapter I appear at 54 FR 34978, Aug. 23, 1989; 57 FR 31018, July 13, 1992; 57 FR 38610, Aug. 26, 1992; 57 FR 43616, Sept. 22, 1992; 64 FR 30244, June 7, 1999; 65 FR 1545, Jan. 11, 2000; 66 FR 44053, Aug. 22, 2001; 66 FR 66767, Dec. 27, 2001; and 67 FR 16023, Apr. 4, 2002.
19 20 21 23
50 61 70 111
Nondiscrimination in federally-assisted programs
of the Department of Veterans Affairs-effec
tuation of Title VI of the Civil Rights Act of 1964
Title VI, Civil Rights Act of 1964
Rights Act of 1964 and Part 18 of this chapter
programs or activities receiving federal financial
acquisition for Federal and federally assisted
erans Affairs (VA) actions
erans Affairs programs and activities
and cooperative agreements to State and local
procurement) and governmentwide requirements
for drug-free workplace (grants) New restrictions on lobbying
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526 531 705
Policy regarding participation in National Practi-
sionals to State Licensing Boards ....
PART 18–NONDISCRIMINATION IN
FEDERALLY-ASSISTED PROGRAMS OF THE DEPARTMENT OF VETERANS AFFAIRS-EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
Sec. 18.1 Purpose. 18.2 Application of this part. 18.3 Discrimination prohibited. 18.4 Assurances required. 18.6 Compliance information. 18.7 Conduct of investigations. 18.8 Procedure for effecting compliance. 18.9 Hearings. 18.10 Decisions and notices. 18.11 Judicial review, 18.12 Effect on other regulations, forms and
instructions. 18.13 Definitions. APPENDIX A TO SUBPART A OF PART 18-STAT
UTORY PROVISIONS TO WHICH THIS SUB
PART APPLIES APPENDIX B TO SUBPART A OF PART 18-IL
ELEMENTARY, SECONDARY, AND ADULT
EDUCATION 18.431 Application. 18.432 Location and notification. 18.433 Free appropriate public education. 18.434 Education setting. 18.435 Evaluation and placement. 18.436 Procedural safeguards. 18.437 Nonacademic services. 18.438 Adult education programs. 18.439 Private education programs.
POSTSECONDARY EDUCATION 18.441 Application. 18.442 Admissions and recruitment. 18.443 General treatment of students. 18.444 Academic adjustments. 18.445 Housing. 18.446 Financial and employment assistance
to students. 18.447 Nonacademic services.
HEALTH AND SOCIAL SERVICES 18.451 Application. 18.452 Health and other social services. 18.453 Drug and alcohol addicts. 18.454 Education of institutionalized per
Subparts B-C [Reserved] Subpart D-Nondiscrimination In Federally
Assisted Programs of the Department of Veterans Affairs-Eitectuation of Title VI of the Civil Rights Act of 1964
PROCEDURES 18.461 Procedures. APPENDIX A TO SUBPART D OF PART 18-STAT
UTORY PROVISIONS TO WHICH THIS PART
Subpart E-Nondiscrimination on the Basis 18.534 Information requirements.
GENERAL PROVISIONS 18.401 Purpose. 18.402 Application. 18.403 Definitions. 18.404 Discrimination prohibited. 18.405 Assurances required. 18.406 Remedial action, voluntary action
and self-evaluation. 18.407 Designation of responsible employee
and adoption of grievance procedures. 18.408 Notice. 18.409 Administrative requirements for cer
tain recipients. 18.410 Effect of State or local law or other
requirements and effect of employment opportunities.
EMPLOYMENT PRACTICES 18.411 Discrimination prohibited. 18.412 Reasonable accommodation. 18.413 Employment criteria. 18.414 Preemployment inquiries.
and "statutory objective." 18.513 Exceptions to the rules against age
discrimination; normal operation or statutory objective of any program or activ
ity. 18.514 Exceptions to the rules against age
discrimination; reasonable factors other
than age. 18.515 Burden of proof. 18.516 Affirmative action by recipients.
PROGRAM ACCESSIBILITY 18.421 Discrimination prohibited. 18.422 Existing facilities. 18.423 New construction.
RESPONSIBILITIES OF DEPARTMENT OF
VETERANS AFFAIRS RECIPIENTS 18.531 General responsibilities. 18.532 Notice of subrecipients. 18.533 Assurance of compliance and recipi
ent assessment of age distinctions.
INVESTIGATION, CONCILIATION, AND
ENFORCEMENT PROCEDURES 18.541 Compliance reviews. 18.542 Complaints. 18.543 Mediation. 18.544 Investigation. 18.545 Prohibition against intimidation or
retaliation. 18.546 Compliance procedure. 18.547 Hearings, decisions, post-termination
proceedings. 18.548 Remedial action by recipient. 18.549 Alternate funds disbursal procedure. 18.550 Exhaustion of administrative rem
edies. APPENDIX A TO SUBPART E OF PART 18-STAT
UTORY PROVISIONS TO WHICH THIS SUB
OF AGE DISTINCTIONS CONTAINED IN STAT-
AUTHORITY: Sec. 602, 78 Stat. 252 (42 U.S.C. 2000d-1) and the laws referred to in Appendix A.
cation approved prior to such effective date. This part does not apply to (a) any Federal financial assistance by way of insurance or guaranty contracts, (b) money paid, property transferred, or other assistance extended under any such program before the effective date of this part, (c) any assistance to any individual who is the ultimate beneficiary under any such program, or (d) any employment practice, under any such program, of any employer, employment agency, or labor organization, except to the extent described in $ 18.3. The fact that a program or activity is not listed in appendix A to this subpart shall not mean, if Title VI of the Act is otherwise applicable, that such program is not covered. Other programs under statutes now in force or hereinafter enacted may be added to appendix A to this subpart by notice published in the FEDERAL REGISTER. (38 FR 17965, July 5, 1973. Designated subpart A at 45 FR 63268, Sept. 24, 1980) $18.3 Discrimination prohibited.
(a) General. No person in the United States shall, on the ground of race, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program to which this part applies.
(b) Specific discriminatory actions prohibited. (1) A recipient under any program to which this part applies may not, directly or through contractual or other arrangements, on grounds of race, color, or national origin:
(i) Deny an individual any service, f nancial aid, or other benefit provided under the program;
(ii) Provide any service, financial aid, or other benefit to an individual which is different, or is provided in a different manner, from that provided to others under the program;
(iii) Subject an individual to segregation or separate treatment in any matter related to receipt of any service, financial aid, or other benefit under the program;
(iv) Restrict an individual in any way in the enjoyment of any advantage or privilege enjoyed by others receiving any service, financial aid, or other benefit under the program;
$ 18.1 Purpose.
The purpose of this part is to effectuate the provisions of Title VI of the Civil Rights Act of 1964 (hereafter referred to as the Act) to the end that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving Federal financial assistance from the Department of Veterans Affairs. [29 FR 19301, Dec. 31, 1964. Designated subpart A at 45 FR 63268, Sept. 24, 1980)
g 18.2 Application of this part.
This part applies to any program for which Federal financial assistance is authorized under a law administered by the Department of Veterans Affairs, including the federally-assisted programs and activities listed in appendix A to this subpart. It applies to money paid, property transferred, or other Federal financial assistance extended under any such program after the effective date of this part pursuant to an appli
(v) Treat an individual differently cial aid, or other benefit provided in or from others in determining whether is through a facility provided with the satisfied any admission, enrollment, aid of Federal financial assistance. quota, eligibility, membership or other (5) The enumeration of specific forms requirement or condition which indi- of prohibited discrimination in this viduals must meet in order to be pro- paragraph does not limit the generality vided any service, financial aid, or
of the prohibition in paragraph (a) of other benefit provided under the pro- this section. gram.
(6)(i) In administering a program re(vi) Deny a person an opportunity to
garding which the recipient has preparticipate in the program through the
viously discriminated against persons provision of services or otherwise or af
on the ground of race, color, or naford an opportunity to do so which is
tional origin, the recipient must take different from that afforded others
affirmative action to overcome the efunder the program.
fects of prior discrimination. (vii) Deny a person the opportunity
(ii) Even in the absence of such prior to participate as a member of a plan
discrimination, a recipient in adminning or advisory body which is an inte
istering a program may take affirmagral part of the program.
tive action to overcome the effects of (2) A recipient, in determining the
conditions which resulted in limiting types of services, financial aid, or other benefits, or facilities which will be pro
participation by persons of a particular vided under any such program, or the
race, color or national origin.
(c) Medical class of individuals to whom, or the sit
emergencies. Notwithuations in which, such services, finan
standing the foregoing provisions of cial aid, other benefits, or facilities
this section, a recipient of Federal fi
nancial assistance shall not be deemed will be provided under any such pro
to have failed to comply with paragram, or the class of individuals to be afforded an opportunity to participate
graph (a) of this section if immediate in any such program, may not, directly
provision of a service or other benefit or through contractual or other ar
to an individual is necessary to prevent rangements, utilize criteria or methods
his or her death or serious impairment of administration which have the effect
of his or her health, and such service or of subjecting individuals to discrimina
other benefit cannot be provided except tion because of their race, color, or na
by or through a medical institution tional origin, or have the effect of de
which refuses or fails to comply with feating or substantially impairing ac
paragraph (a) of this section. complishment of the objectives of the
(d) Employment practices. (1) Whenever program with respect to individuals of a primary objective of the Federal fia particular race, color, or national or
nancial assistance to a program to igin.
which part 18 applies, is to provide em(3) In determining the site or loca- ployment, a recipient of such assisttion of facilities, a recipient or appli- ance may not (directly or through concant may not make selections with the tractual or other arrangements) subpurpose or effect of excluding individ- ject any individual to discrimination uals from, denying them the benefits on the ground of race, color, or naof, or subjecting them to discrimina- tional origin in its employment praction under any program to which this tices under such program (including repart applies on the grounds of race, cruitment or recruitment advertising, color or national origin; or with the employment, layoff, or termination, purpose or effect of defeating or sub- upgrading, demotion, or transfer, rates stantially impairing the accomplish- of pay or other forms of compensation, ment of the objectives of the Act or and use of facilities). The requirements this part.
applicable to construction employment (4) As used in this section the serv- under any such program shall be those ices, financial aid, or other benefits specified in or pursuant to part III of provided under a program receiving Executive Order 11246 (3 CFR Chapter Federal financial assistance shall be IV) or any Executive order which sudeemed to include any service, finan- persedes it.