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result in limiting participation by persons of a particular race, color, sex, or national origin.
nity to do so which is different from that afforded others under the program, including the opportunity to participate in the program as an employee to the extent that employment practices are covered in g 1010.10-3; or
(7) Deny any person the opportunity to participate as a member of a planning or advisory body which is an integral part of the program.
(b) A grantee, in determining the type of services, financial aid, or other benefits or facilities which will be provided under any program, or the class of individuals to whom, or the situations in which such services, financial aid, other benefits, or facilities will be provided under or on such program, or the class of individuals to be afforded an opportunity to participate in any such program may not, directly or through contractual or other arrangements, utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination because of their race, color, sex, or national origin, or have the effect of substantially impairing accomplishment of the objectives of the program with respect to individuals of a particular race, color, sex, or national origin.
(c) In determining the site or location of facilities, an applicant or recipient may not make selections with the purpose or effect of excluding individuals from, denying them the benefits of, or subjecting them to discrimination under any program to which this part applies, on the ground of race, color, sex, or national origin or with the purpose or effect of substantially impairing the accomplishment of the objectives of this part.
(d) The enumeration of specific forms of prohibited discrimination in this subpart does not limit the generality of this subpart's probibition.
(e) In administratering a program in which the grantee has previously discriminated against persons
on the ground of race, color, sex, or national origin, the grantee must take affirmative action to overcome the effects of prior discrimination. Even in the absence of such prior discrimination, a grantee, in administrating a program may take affirmative action to overcome the effects or conditions which
8 1010.10-3 Discrimination prohibited
Employment practices. (a) Where a primary objective of the Federal financial assistance is to provide employment, a grantee may not (directly or through contractual or other arrangements) subject an individual to discrimination on the ground of race, color, or national origin in its employment practices under such program (including recruitment or recruitment advertising, employment, layoff or termination, upgrading, demotion or transfer, rates of pay or other forms of compensation, and use of facilities). This prohibition applies where a primary objective of the Federal financial assistance is:
(1) To reduce unemployment or to help individuals through employment to meet subsistence needs;
(2) To assist individuals through employment to meet expenses incident to the commencement or continuation of their education or training;
(3) To provide work experience which contributes to the education or training of individuals; or
(4) To provide remunerative activity to individuals who because of severe handicaps cannot be readily absorbed in the competitive labor market.
(b) Where a primary objective of the Federal financial assistance is not to provide employment, but discrimination on the ground of race, color, or national origin in the employment practices of the recipient or other persons subject to this part tends, on the ground of race, color, or national origin, to exclude individuals from participation in, to deny them the benefits of, or to subject them to discrimination under any program to which this part applies, the provisions of paragraph (a) of this section shall apply to the employment practices of the recipient or other persons subject to the regulations, to the extent necessary to assure equality of opportunity to, and nondiscriminatory treatment of, beneficiaries.
(c) Where a program receives financial assistance under the Economic
Opportunity Act of 1964, as amended, a grantee may not (directly or through contractual or other arrangements):
(1) Subject an individual to discrimi. nation on the basis of sex in its employment practices in connection with the program; and
(2) In connection with any positions funded in whole or in part with funds made available under the Act, subject an individual to discrimination on the basis of race, creed, color, national origin, sex, political affiliation or beliefs.
(d) The requirements applicable to construction employment under any such program shall be those specified in or pursuant to Part III of Executive Order 11246 or any Executive Order which supersedes it.
(e) Enforcement of Title VI, section 624 of the Economic Opportunity Act of 1964, as amended, and this part with respect to covered employment practices shall not be superseded by state and local merit systems relating to the same grantee.
Subpart C— Responsibilities of
real property or interest therein or structures thereon, the assurance shall obligate the grantee, or, in the case of & subsequent transfer, the transferee, for the period during which the property is used for a purpose involving the provision of similar services and benefits, or for as long as the grantee retains ownership or possession of the property, whichever is longer. The As sociate Director for Human Rights or his/her designee shall specify the form of the foregoing assurances for each program, and the extent to which like assurances will be required of subgrantees, contractors, and subcontractors, transferees, successors in interest, and other participants in the program. Any such assurance shall include provisions which give the United States a right to seek its judicial enforcement.
(c) Real property. In the case of real property, structures or improvements thereon, or interest therein, which were acquired with Federal financial assistance, or in the case where Federal financial assistance is provided in the form of a transfer of real property or interest therein from the Federal government, the instrument effecting or recording the transfer shall contain a covenant running with the land 28suring nondiscrimination
for the period during which the real property is used for a purpose for which the Federal financial assistance is ex tended or for another purpose involving the provision of similar services or benefits, or for as long as the grantee retains ownership or possession of the property, whichever is longer. Where no transfer of property is involved, but property is acquired or improved with Federal financial assistance, the grantee shall agree to include a covenant assuring nondiscrimination in any subsequent transfer of such property. Where the property is obtained from the Federal government, such covenant may also include a condition coupled with a right to be reserved by CSA to have title to the property revert to the Federal government in the event of the breach of the covenant where at the discretion of the Associate Director for Human Rights or his/her designee such a condition and right of reverter are appropriate
8 1010.20-1 Assurances.
(a) Economic Opportunity Assurance. Every application for financial assistance for a program under the Economic Opportunity Act of 1964, as amended, as well as every grant, contract, or agreement with respect to such program shall specifically provide:
(1) That no person with responsibilities in the operation of such programs will discriminate with respect to any such program on the basis of race, creed, color, national origin, sex, political affiliation or beliefs; and
(2) That compliance with such provision shall be determined by this part.
(b) General. Every application for Federal financial assistance to a program to which this subpart applies shall, as a condition to the extension of any Federal assistance, contain or be accompanied by an assurance that the program will be conducted in compliance with all requirements imposed by this part. In the case where Federal financial assistance is to provide or is in the form of personal property, or
eral financial assistance to an institution of higher education, the assurance required by this paragraph shall extend to admission practices and to all other practices relating to the treatment of students. The assurance required with respect to an institution of higher education, hospital, or any other institution, insofar as the assurance relates to the institution's practices with respect to admission or other treatment of individuals as students, patients, or clients of the institution or to the opportunity to participate in the provision of services or other benefits to such individuals, shall be applicable to the entire insti. tution unless the institution establishes, to the satisfaction of the Associate Director for Human Rights or his/her designee that the institution's practices in designated parts or programs of the institution in no way affect the beneficiaries of or participants in the programs for which Federal financial assistance is sought. If in any such case, the assistance sought is for the construction of a facility or part of a facility, the assurance shall in any event extend to the entire facility and to facilities operated in connection therewith.
to the program under which the real property is obtained and to the nature of the grant and the grantee. In such event if a transferee of real property proposes to mortgage or otherwise encumber the real property as security for financing construction of new, or improvement of existing facilities on such property for the purposes for which the property was transferred, the Associate Director for Human Rights or his/her designee may agree, upon written request of the transferee to accomplish such financing, and upon such conditions as he/she deems appropriate, to forebear the exercise of such right to have title revert to CSA for so long as the lien of such mortgage or other encumbrance remains effective.
(d) Elementary and Secondary Schools. In the case of any program for the benefit of elementary or secondary school students which, as necessary part of such program, utilizes to a substantial extent the facilities of an elementary or secondary school or school system, the requirements of $ 1010.20-1 shall be deemed to be satisfied if such school or school system:
(1) Is subject to a final order of a court of the United States for the desegregation of such school or school system, and provides an assurance that it will comply with such order, including any future modification of such order; or
(2) Submits a plan for the desegration of such school or school system which the Department of Health, Education and Welfare determines is adequate to accomplish the purposes of Title VI and this part within the earliest practicable time, and provides assurances that it will carry out such plan. In any case in which a final order of a court of the United States for the desegregation of such school or school system is entered after submission of such a plan, such plan shall be revised to conform with such final order, including any future modification of such order.
The provisions of this paragraph do not apply to programs for pre-school children.
(e) Institutions of Higher Education. In the case of any application for Fed
eal por the To ent elit shall the love
8 1010.20-2 Required grantee civil rights
program. (a) To be eligible for funding, each CSA grantee shall have an affirmative action plan approved by the Associate Director for Human Rights or his/her designee which shall include the following:
(1) A written Equal Opportunity Policy;
(2) An Equal Opportunity Committee;
(3) An Equal Opportunity Officer;
(4) A written discrimination complaint procedure at a minimum incorporating the procedures in Subpart D, $ 1010.30-3.
(5) A data-collection, record-keeping and reporting system to provide the information required by this part.
(6) A comprehensive self-analysis, which shall include a comparison of the provision of benefits on the basis of race, sex, and national origin as to
the eligible racial, sexual, and national Commission complaints, where appliorigin population.
cable; This analysis shall also include a com (iii) Take other steps which may parison of the grantee's employment assist in the resolution of a problem, by race, sex and national origin to the prior to the filing of a formal comracial, sexual, and national origin plaint; characteristics of the relevant work. (iv) Assist, if requested by a comforce. Where significant disparities are plainant, in preparing a formal comfound, the recipient shall determine plaint to CSA of alleged discriminathe reasons and, if appropriate, set tion based on race, color, creed, sex, forth corrective actions.
national origin, age, handicap, politi(b) The recipient of CSA financial cal affiliation or beliefs; and assistance is required to implement its (v) Provide staff leadership in develCSA-approved affirmative action plan
oping, implementing, and evaluating and to ensure compliance with this
the grantee's Affirmative Action Plan part. At a minimum, the following re
(AAP). quirements must be met:
(6) Grantees shall display, in con(1) Each grantee board shall formally adopt an Equal Opportunity Policy
spicuous places, posters which summa
rize the rights of the employees, proand establish an Equal Opportunity Committee which shall reflect the
gram participants and beneficiaries composition of the board in regard to
under Title VI, section 624 of the Ecorepresentation of the public, private
nomic Opportunity Act of 1964, as and low-income sectors.
amended, and this part. Such posters (2) The Equal Opportunity Commit
shall describe the functions of the tee shall review the determinations of
EOO and the procedures for filing the Equal Opportunity Officer (EOO)
complaints of discrimination, includregarding complaints of discrimination ing the right to complain directly to and shall oversee the enforcement of
CSA. the grantee's civil rights program.
(7) In addition to the posters, each (3) Grantees shall have at least one grantee shall make available informaEOO, who shall report directly to the tion regarding the provisions of this Board of Directors on EO matters, part and its applicability to the prowith responsibility for the civil rights gram under which the grantee receives program required by this part and Federal financial assistance and make such additional personnel as are neces such information available in such sary to carry out the requirements of manner as the Associate Director for this part. The EOO shall not be the Human Rights or his/her designee Executive Director, Deputy Director
finds necessary to apprise such peror Personnel Officer. The Regional
sons of the protections against disHuman Rights Chief will make the de
crimination assured them by Title VI, termination whether the EOO will be
the Economic Opportunity Act, and full-time or part-time.
this part. (4) The EOO shall undergo training
(8) Grantee shall make its posters as prescribed by CSA. All expenses in
and other material available in a lancurred by such training shall be borne by the grantee.
guage other than English where a sig.
nificant number or proportion of the (5) The EOO shall be granted the authority to carry out the following
population eligible to be served or activities:
likely to be directly affected a by Fed.
erally assisted program need services (1) Receive and attempt to resolve complaints of discrimination;
in another language. The Associate Di
rector for Human Rights or his/her (ii) Provide aggrieved persons with information and advice on equal op
designee will determine when publicaportunity procedures including local,
tion in a language other than English state, and Federal redress procedures,
is necessary. and notification of the filing deadlines for Equal Employment Opportunity
8 1010.20–3 Data and information require (8) A statement describing any civil mente.
rights compliance reviews regarding (a) Each grantee shall collect, main
the applicant or grantee conducted tain, and, upon request of CSA, submit
during the two-year period before the the information set forth in this sec
applicant or report, and the results of tion. All of the information set forth
those reviews. shall be collected unless the Associate
(d) In addition to the data and inforDirector for Human Rights or his/her
mation required in $ 1010.20-3(c)(1)designee grants a written exemption
(8), each applicant or grantee shall: to any information requirement for (1) Promptly notify CSA of any lawgood cause shown by the grantee.
suits filed against the applicant or (b) To the extent that CSA has sup
grantee alleging discrimination on the plied or prescribed forms for the fol
basis of race, color, sex or national lowing information such forms shall
origin, be utilized by the grantee.
(2) Maintain a log of complaints (c) Grantees shall collect and main
under Title VI and this part identifytain the following information:
ing each complainant by race, color, (1) The manner in which services are
sex or national origin, the nature of or will be provided by the program in
the complaint, the date the complaint question, and related data necessary
was filed, the date the grantee's invesfor determining whether any persons
tigation was completed and the dispoare or will be denied such services on
sition and the date of disposition; and the basis of race, color, sex or national
(3) Where CSA determines that it is origin.
necessary and appropriate for the en(2) The population eligible to be
forcement of Title VI or this part, adserved by race, color, sex or national
ditional data such as demographic origin.
maps, the racial or sexual composition (3) The location of existing or pro
of affected neighborhoods, or census
data will be required, however, only to posed facilities connected with the program and related information ade
the extent that the information is quate for determining whether the lo
readily available or the requirement cation has or will have the effect of
can be complied with by reasonable
effort. unnecessarily denying services to any persons on the basis of race, color, sex
(e) Access to Sources of Information. or national origin.
Each grantee shall permit access by (4) The present or proposed mem
the responsible CSA official or his/her bership by race, color, sex and nation
designee during normal business hours al origin in any policy making or advi.
to its books, records, accounts, and sory body which is an integral part of
other sources of information, and its the program.
facilities as may be pertinent to ascer(5) Where relocation is involved, the
tain compliance with this part. Where requirements and steps used or pro
any information required of a grantee posed to guard against unnecessary
is in the exclusive possession of any adverse impact on persons on the basis other agency, institution or person
and that agency, institution or person of race, color, sex or national origin. (6) Data regarding covered employ, mation, the grantee shall set forth in
fails or refuses to furnish this informent, including use or planned use of bilingual public contact employees
writing the efforts it has made to
obtain the information and provide serving the beneficiaries of the pro
this information to the CSA official gram where necessary to permit effective participation by beneficiaries
requesting such information. unable to speak or understand English.
Subpart D-Conduct of Investigations (7) A brief description of any of its
and Reviews pending applications to other Federal agencies for assistance and of assist
8 1010.30–1 Pre-award compliance reviews. ance being provided at the time of the (a) Prior to approval of financial as. application or requested report. sistance, all applications for financial