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CHAPTER X-OFFICE OF COMMUNITY SERVICES, ADMINISTRATION FOR CHILDREN AND FAMILIES, DEPARTMENT OF HEALTH AND
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Civil rights program requirements of CSA grant
ees; civil rights regulations
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PART 1010-CIVIL RIGHTS PRO
GRAM REQUIREMENTS OF CSA GRANTEES; CIVIL RIGHTS REGULATIONS
APPENDIX B TO PART 1010_ACTIVITIES TO
WHICH THIS PART APPLIES WHEN A PRI-
PART 1010 TO FEDERAL FINANCIAL ASSIST-
Sec. 1010.1-1 Purpose. 1010.1-2 Applicability. 1010.1-3 Definitions.
Subpart B-Discrimination Prohibited
1010.10-1 General. 1010.10–2 Discrimination prohibited—Spe
cific discriminatory actions prohibited. 1010.10-3 Discrimination prohibited-Em
AUTHORITY: Secs. 602, 624, 603, 223 and 244 (8) of The Economic Opportunity Act, of 1964, as amended 78 Stat. 528, 42 U.S.C. 2942; 86 Stat. 696, 42 U.S.C. 2971C; 78 Stat. 530, 42 U.S.C. 2943; 81 Stat. 701, 42 U.S.C. 2837; secs. 602 and 603, Title VI, Civil Rights Act of 1964, 78 stat. 252, 42 U.S.C. 2000d-1; 78 Stat. 253, 42 U.S.C. 20000-2; E.O. 11764, 28 CFR Parts 42 and 50.3.
SOURCE: 44 FR 70145, Dec. 6, 1979, unless otherwise noted.
Subpart C-Responsibilities of Grantee
1010.20-1 Assurances. 1010.20-2 Required grantee civil rights pro
gram. 1010.20-3 Data and information require
Subpart D-Conduct of Investigations and
1010.30-1 Pre-award compliance reviews. 1010.30-2 Post-award review. 1010.30-3 Complaint investigations. 1010.30-4 Back-pay award. 1010.30–5 Complaints filed with State and
local commissions or the Equal Employ
ment Opportunity Commission. 1010.306 Intimidation. 1010.30–7 Adjustment of time limits.
Subpart A-General 8 1010.1-1 Purpose.
The purpose of this part is to effectuate the provisions of Title VI of the Civil Rights Act of 1964, 42 U.S.C. 20000 et seq. and Section 624 of the Economic Opportunity Act of 1964, as amended, 42 U.S.C. 2971c, to the end that:
(a) No person on the basis of race, color, or national origin, be excluded from participation in or be denied the benefits of, or otherwise be subjected to discrimination under any program or activity receiving Federal financial assistance from the Community Services Administration (CSA).
(b) No person on the ground of sex be excluded from participation in, be subjected to discrimination under, or be denied employment in connection with any program or activity receiving assistance under the Economic Opportunity Act of 1964, as amended.
(c) No person with responsibilities in the operation of a program receiving financial assistance under the Economic Opportunity Act of 1964, as amended will discriminate with respect to any such program because of race, creed, color, national origin, sex, political affiliation, or beliefs.
Subpart E-Procedure for Eltecting
1010.40-1 General. 1010.40-2 Termination of or refusal to grant
or to continue financial assistance. 1010.40-3 Hearings. 1010.404 Decisions and notices. 1010.40–5 Judicial review.
1010.50-1 Role of CSA officials. 1010.50-2 Continuing State programs. 1010.50-3 Effect on other regulations, forms,
and instructions. 1010.50 4 Supervision and coordination. APPENDIX A TO PART 1010FEDERAL FINAN
CIAL ASSISTANCE TO WHICH THIS PART AP-
8 1010.1-2 Applicability.
(a) This part applies to all grantees and their delegate agencies receiving financial assistance from CSA. This part does not apply to:
(1) Any Federal financial assistance by way of insurance or guaranty contracts;
(2) Any assistance to any individual who is the ultimate beneficiary under any such program.
(b) This part also applies to any program which is funded and administered by CSA with funds transferred from another Federal agency to CSA.
$ 1010.1-3 Definitions.
As used in this part
(a) CSA means the Community Services Administration, and includes all of its organizational units.
(b) Director means the Director of the Community Services Administration.
(c) Associate Director for Human Rights means the CSA official responsible for implementing and enforcing CSA's Civil Rights program.
(d) Responsible CSA official with respect to any program receiving Federal financial assistance means the Director or other official of CSA who by law or by delegation has the principal responsibility within CSA for the administration of the law extending such assistance.
(e) Title VI means Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d20000 4.
(1) United States means the states of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Wake Island, the Cana Zone, and the Territories and possessions of the United States, and the term State means any one of the foregoing.
(8) Federal financial assistance includes (1) grants, loans, or donation of Federal funds, (2) the grant or donation of Federal property and interest in property, (3) the detail of Federal personnel, (4) the sale or lease of, or the permission to use (on other than a casual or transient basis), Federal property or any interest in such property without consideration, at a nominal consideration, or at a consideration which is reduced of the purpose of assisting the grantee, and (5) any Federal agreement, arrangement, or other contract which has as one of its purposes, the provision of assistance.
(h) Program includes any program, project, or activity for the provision of
services, financial aid, or other benefits to individuals (including education or training, health, welfare, rehabilitation, housing, or other services, whether provided through an employee of the grantee or provided by others through contracts or other arrangements with the grantee, and including work opportunities and cash or loan or other assistance to individuals), or for the provision of facilities for furnishing seryices, financial aid or other benefits to individuals. The services, financial aid, or other benefits provided under a program receiving Federal financial assistance shall be deemed to include any services, financial aid, or other benefits provided with the aid of Federal financial assistance or with the aid of any non-Federal funds, property, or other resources required to be expended or made available for the program to meet matching requirements or other conditions whch must be met in order to receive the Federal financial assistance, and to include any services, financial aid, or other benefits provided in or through a facility provided with the aid of Federal resources or such non-Federal resources.
(i) Facility includes all or any portion of structures, equipment, or other real or personal property or interests therein. The provision of facilities includes the construction, expansion, renovation, remodeling, alteration or acquisition of facilities.
(j) Grantee means any state, political subdivision, instrumentality
of any state or political subdivision, any public or private agency, institution, organization, or other entity, or any individual, in any state, to whom Federal financial assistance is extended directly or through another grantee. Such term does not include any ultimate beneficiary under a federally assisted program.
(k) Grantee Board means the entity responsible for the administration of funds received pursuant to the Economic Opportunity Act of 1964, as amended.
(1) Applicant means one who submits an application, request, or plan required to be approved by CSA or by a grantee as a condition of eligibility for Federal financial assistance. The term
gram or activity receiving assistance under the Economic Opportunity Act of 1964, as amended.
(c) No person with responsibilities in the operation of a program receiving financial assistance under the Economic Opportunity Act of 1964, as amended, will discriminate with respect to any such program because of race, creed, color, national origin, sex, political affiliation or beliefs.
(d) An individual shall not be deemed subjected to discrimination by reason of his/her exclusion from the benefits of a program limited by Federal law to individuals of a particular race, color, sex or national origin different from his hers, for example, programs funded exclusively to serve on-reservation Indians.
application means any such application, request or plan.
(m) In complying with the requirements of this part, it will be necessary to refer to persons by race, color or national origin. The following designations will be used by grantees in reporting participant characteristics:
(1) Black, not of Hispanic origin. A person having origins in any of the black racial groups of Africa;
(2) Hispanic. A person of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race;
(3) Asian or Pacific Islander. A person having origins in any of the original people of the Far East, Southeast Asia; the Indian Subcontinent, or the Pacific Islands. The area includes, for example, China, India, Japan, Korea, the Philippine Islands, and Samoa;
(4) American Indian or Alaskan Native. A person who has origins in any of the original peoples of North America and who maintains cultural identification through tribal affiliation or community recognition;
(5) White, not of Hispanic origin. A person having origins in any of the original peoples of Europe, North Africa, or the Middle East;
(6) Additional subcategories based on national origin or primary language spoken may be used where appropriate on either a national or a regional basis; and
(7) Paragraphs (m) (1) through (7) of this section are in conformity with Directive #15 of the Office of Federal Statistical Policy and Standards which replaced OMB Directive A-46.
$ 1010.10–2 Discrimination prohibited Specific discriminatory
actions prohibited. (a) A grantee under any program to which this subpart applies may not, directly or through contractual or other arrangements, on the ground of race, color, sex, or national origin:
(1) Deny an individual any service, financial aid, or other benefit provided under the program;
(2) Provide any service, financial aid, or other benefit to an individual which is different from that provided to others under the program;
(3) Subject an individual to segregation or separate treatment in any manner related to his/her receipt of any service, financial aid, or other benefit under the program;
(4) 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;
(5) Treat an individual differently from others in determining whether he/ she satisfies any admission, enrollment, quota, eligibility membership or other requirement or condition which individuals must meet in order to be provided any service, financial aid, or other benefit provided under the program;
(6) Deny an individual an opportunity to participate in the program through the provision of services, or otherwise afford him/her an opportunity to do so
8 1010.10-1 General.
(a) No person in the United States shall on the ground of race, color, or national origin be excluded from participation in, be denied the benefit of or otherwise be subjected to discrimination under any program or activity receiving Federal financial assistance.
(b) No person in the United States shall on the ground of sex be excluded from participation in, be subjected to discrimination under, or be denied employment in connection with any pro
which is different from that afforded result in limiting participation by perothers under the program, including sons of a particular race, color, sex, or the opportunity to participate in the national origin. program as an employee to the extent that employment practices are covered
$ 1010.103 Discrimination prohibin 1010.10-3; or
ited—Employment practices. (7) Deny any person the opportunity (a) Where a primary objective of the to participate as a member of a plan- Federal financial assistance is to proning or advisory body which is an inte- vide employment, a grantee may not gral part of the program.
(directly or through contractual (b) A grantee, in determining the other arrangements) subject an inditype of services, financial aid, or other vidual to discrimination on the ground benefits or facilities which will be pro- of race, color, or national origin in its vided under any program, or the class employment practices under such proof individuals to whom, or the situa- gram (including recruitment or retions in which such services, financial cruitment advertising, employment, aid, other benefits, or facilities will be layoff or termination, upgrading, deprovided under or on such program, or motion or transfer, rates of pay or the class of individuals to be afforded other forms of compensation, and use an opportunity to participate in any of facilities). This prohibition applies such program may not, directly or where a primary objective of the Fedthrough contractual or other arrange- eral financial assistance is: ments, utilize criteria or methods of (1) To reduce unemployment or to administration which have the effect of help individuals through employment subjecting individuals to discrimina- to meet subsistence needs; tion because of their race, color, sex, or (2) To assist individuals through emnational origin, or have the effect of ployment to meet expenses incident to substantially impairing accomplish- the commencement or continuation of ment of the objectives of the program their education or training; with respect to individuals of a par- (3) To provide work experience which ticular race, color, sex, or national ori- contributes to the education or traingin.
ing of individuals; or (c) In determining the site or loca- (4) To provide remunerative activity tion of facilities, an applicant or recip to individuals who because of severe ient may not make selections with the handicaps cannot be readily absorbed purpose or effect of excluding individ- in the competitive labor market. uals from, denying them the benefits (b) Where a primary objective of the of, or subjecting them to discrimina- Federal financial assistance is not to tion under any program to which this provide employment, but discriminapart applies, on the ground of race, tion on the ground of race, color, or nacolor, sex, or national origin or with tional origin in the employment practhe purpose or effect of substantially tices of the recipient or other persons impairing the accomplishment of the subject to this part tends, on the objectives of this part.
ground of race, color, or national ori(d) The enumeration of specific forms gin, to exclude individuals from parof prohibited discrimination in this ticipation in, to deny them the benefits subpart does not limit the generality of of, or to subject them to discriminathis subpart's prohibition.
tion under any program to which this (e) In administrating a program in part applies, the provisions of parawhich the grantee has previously dis- graph (a) of this section shall apply to criminated against persons on the the employment practices of the recipiground of race, color, sex, or national ent or other persons subject to the regorigin, the grantee must take affirma- ulations, to the extent necessary to astive action to overcome the effects of sure equality of opportunity to, and prior discrimination. Even in the ab- nondiscriminatory treatment of, benesence of such prior discrimination, a ficiaries. grantee, in administrating a program (c) Where a program receives finanmay take affirmative action to over- cial assistance under the Economic Opcome the effects or conditions which portunity Act of 1964, as amended, a