886.58 Effect of State or local law or other requirements. (a) Prohibitory requirements. The obligation to comply with this subpart is not obviated or alleviated by the existence of any State or local law or other requirement which imposes prohibitions or limits upon employment of members of one sex which are not imposed upon members of the other sex. (b) Benefits. A recipient which provides any compensation, service, or benefit to members of one sex pursuant to a State or local law or other requirement shall provide the same compensation, service, or benefit to members of the other sex. (Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682) §86.59 Advertising. A recipient shall not in any advertising related to employment indicate preference, limitation, specification, or discrimination based on sex unless sex is a bona-fide occupational qualification for the particular job in question. (Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682) §86.60 Pre-employment inquiries. (a) Marital status. A recipient shall not make pre-employment inquiry as to the marital status of an applicant for employment, including whether such applicant is “Miss or Mrs.” (b) Sex. A recipient may make preemployment inquiry as to the sex of an applicant for employment, but only if such inquiry is made equally of such applicants of both sexes and if the results of such inquiry are not used in connection with discrimination prohibited by this part. (Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682) $86.61 Sex as a bona-fide occupational qualification. A recipient may take action otherwise prohibited by this subpart provided it is shown that sex is a bona-fide Occupational qualification for that action, such that consideration of sex with regard to such action is essential to successful operation of the employment function concerned. A recipient shall not take action pursuant to this section which is based upon alleged comparative employment characteristics or stereotyped characterizations of one or the other sex, or upon preference based on sex of the recipient, employees, students, or other persons, but nothing contained in this section shall prevent a recipient from considering an employee's sex in relation to employment in a locker room or toilet facility used only by members of one sex. (Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682) §§ 86.62-86.70 [Reserved] Subpart F-Procedures (Interim) § 86.71 Interim procedures. For the purposes of implementing this part during the period between its effective date and the final issuance by the Department of a consolidated procedural regulation applicable to title IX and other civil rights authorities administered by the Department, the procedural provisions applicable to title VI of the Civil Rights Act of 1964 are hereby adopted and incorporated herein by reference. These procedures may be found at 45 CFR 80-6 through 80-11 and 45 CFR Part 81. (Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682) SUBJECT INDEX TO TITLE IX PREAMBLE AND REGULATION 1 Specific prohibitions, 86.21(b) Tests, [31]; 86.21(b)(2) Preference in admission, [35]; 86.22 Advertising, 86.59 Affirmative Action, see "Remedial and Af- firmative Actions" Assistance to "outside" discriminatory orga- nizations, [40, 53]; 86.31(b)(7), (c) Assurances, [18]; 86.4 Duration of obligation, 86.4(b) Form, 86.4(c) Athletics, [69 to 78]; 86.41 Adjustment period, [78]; 86.41(d) Equal opportunity, [76, 77]; 86.41(d) Determining factors, 86.41(c) (i) to (x) Equipment, 86.41(c) Expenditures, 86.41(c) Travel, 86.41(c) Scholarships, [64, 65]; 86.37(d) General, [69, 70, 71, 72, 73, 74, 75]; 86.41(a) B BFOQ, [96]; 86.61 C Comparable facilities Housing, [42, 54]; 86.32 Other, 86.33, 86.35(b) Disproportionate classes, [45, 59]; 86.36(c) Adjustment period, [55]; 86.34(a) (i) Music classes, [43]; 86.34(f) Sex education, [43, 57]; 86.34(e) Coverage, [5]; 86.11 to 86.17 Exemptions Curricular materials, [52]; 86.42(a) D Definitions, [14, 15]; 86.2(a) to (r) Designation of responsible employee, [20, 22]; Dissemination of policy, [21]; 86.9 Distribution, 86.9(c) Notification of policy, [21]; 86.9(a) Publications, 86.9(b) Dress codes 86.31(b) (4) E Education Institutions Controlled by religious organizations, 86.12 Exemption, [26]; 86.12(b) Education Program and Activities Benefiting from Federal financial assist- ance, [10, 11]; 86.11 General, [10, 11, 53]; 86.31(a) Programs not operated by recipient, [41, Specific prohibitions, [38, 39, 40, 53]; 86.31 Effective Date, [3] Employee responsible for Title IX, see Advertising, 86.59 Application, 86.51(b) Compensation, [84, 92]; 86.54 Employment criteria, 86.52 Fringe benefits, [88, 89]; 86.56 Job Classification and Structure, 86.55 Pregnancy as Temporary Disability, [85, Pregnancy Leave, [85, 93, 94]; 86.57(d) Recruitment, [83, 90, 91, 95] Sex as a BFOQ, [96]; 86.61 Student Employment, [66]; 86.38 Tenure, 86.51(b) (2) Exemptions, [5, 27, 28, 29, 30, 53]; 86.12(b), F Federal Financial Assistance, 86.2(a) Financial Assistance to students, [46, 60, 61]; Athletic Scholarships, [46, 64, 65]; 86.37(d) Non-need scholarships, [62]; 86.37(b) Sex-restrictive assistance through foreign Social, [53, 27, 28]; 86.14(a) Business/professional, [40, 53, 27, 28]; Honor societies, [40, 53]; 86.31(b) (7) Fringe benefits, [67, 88, 89]; 86.56, 86.39 G Grievance Procedure, see "Designation of re- H Health and Insurance Benefits and Services, Honor societies, [40, 53]; 86.31(b) (7) Generally, [42]; 86.32(b) Provided by recipient, 86.32(b) Other housing, [54]; 86.32(c) J Job Classification and Structure, 86.55 Pregnancy leave, [85, 93, 94]; 86.57(d) General, [49]; 86.40(a) (b) Pregnancy and related conditions, [50]; 86.40(b) (1) (2) (3) (4) (5) Class participation, [50]; 86.40(b) (1) Physician certification, [50]; 86.40(b) (2) Special classes, [50]; 86.40(b) (3) Temporary leave, [50]; 86.40(b) (4) (5) Membership Practices of Social fraternities and sororities, [27, 28, 53]; 86.14(a) Voluntary youth service organizations, [27, 28, 53]; 86.14(c) YMCA, YWCA and others, [27, 28, 53]; 86.14(b) Military and Merchant Marine Educational Institutions, [29]; 86.13 General, [49, 50]; 86.40(a) and (b) Pregnancy and related conditions; [50]; 86.40(b) (1) to (5) Class Participation, [50, 55, 58]; 86.40(b) (1) Physical certification, [50]; 86.40(b) (2) Special class, [50]; 86.40 (b) (3) Temporary leave, [50]; 86.40(b) (4), (5) Private Undergraduate Professional Schools, [30]; 86.15(d) Purpose of Regulation, [13]; 86.1 Scholarships, see "Financial Assistance", 86.37 Self-evaluation, [16, 22]; 86.3(c) (d) Surplus Property (see Transfer of Property 86.5) Duration of obligation 86.4(b) Real Property 86.4(b) (1) T Textbooks and curricular materials, [52, 79, 80]; 86.42 Termination of funds, [10, 11] Transfer of property, 86.5 Content of plans, 86.17(b). Different from Adjustment period, [78]; 86.41(d) Submission of plans, 86.17(a) APPENDIX A TO PART 86 GUIDELINES FOR ELIMINATING DISCRIMINATION AND DENIAL OF SERVICES ON THE BASIS OF RACE, COLOR, NATIONAL ORIGIN, SEX, AND HANDICAP IN VoCATIONAL EDUCATION PROGRAMS EDITORIAL NOTE: For the text of these guidelines, see 45 CFR Part 80, Appendix B. [44 FR 17168, Mar. 21, 1979] PART 90-NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE 90.41 What is the purpose of this subpart? 90.42 What responsibilities do recipients and agencies have generally to ensure compliance with the Act? 90.43 What specific responsibilities do agencies and recipients have to ensure compliance with the Act? 90.44 Compliance reviews. 90.45 Information requirements. 90.46 Prohibition against intimidation or retaliation. 90.47 What further provisions must an agency make in order to enforce its regulations after an investigation indicates that a violation of the Act has been committed? 90.48 Alternate funds disbursal procedure. 90.49 Remedial and affirmative action by recipients. 90.50 Exhaustion of administrative edies. Subpart E-Future Review of Age Discrimination Regulations rem 90.61 Review of general regulations. 90.62 Review of agency regulations. AUTHORITY: Age Discrimination Act of 1975, 42 U.S.C. 6101 et seq. SOURCE: 44 FR 33776, June 12, 1979, unless otherwise noted. Subpart A-General § 90.1 What is the purpose of the Age Discrimination Act of 1975? The Age Discrimination Act of 1975, as amended, is designed to prohibit discrimination on the basis of age in programs or activities receiving Federal financial assistance. The Act also permits federally assisted programs and activities, and recipients of Federal funds, to continue to use certain age distinctions and factors other than age which meet the requirements of the Act and these regulations. § 90.2 What is the purpose of these reg. ulations? (a) The purpose of these regulations is to state general, government-wide rules for the implementation of the Age Discrimination Act of 1975, as amended, and to guide each agency in the preparation of agency-specific age discrimination regulations. (b) These regulations apply to each Federal agency which provides Federal financial assistance to any program or activity. $90.3 What programs and activities does the Age Discrimination Act of 1975 cover? (a) The Age Discrimination Act of 1975 applies to any program or activity receiving Federal financial assistance, including programs or activities receiving funds under the State and Local Fiscal Assistance Act of 1972 (31 U.S.C. 1221 et seq.). (b) The Age Discrimination Act of 1975 does not apply to: (1) An age distinction contained in that part of a Federal, State or local statute or ordinance adopted by an elected, general purpose legislative body which: (i) Provides any benefits or assistance to persons based on age; or (ii) Establishes criteria for participation in age-related terms; or (iii) Describes intended beneficiaries or target groups in age-related terms. (2) Any employment practice of any employer, employment agency, labor organization, or any labor-management joint apprenticeship training program, except for any program or activity receiving Federal financial assistance for public service employment under the Comprehensive Employment and Training Act of 1974 (CETA), (29 U.S.C. 801 et seq.). § 90.4 How are the terms in these regulations defined? As used in these regulations, the term: Act means the Age Discrimination Act of 1975, as amended, (Title III of Pub. L. 94–135). Action means any act, activity, policy, rule, standard, or method of administration; or the use of any policy, rule, standard, or method of administration. Age means how old a person is, or the number of elapsed years form the date of a person's birth. Age distinction means any action using age or an age-related term. Age-related term means a word or words which necessarily imply a particular age or range of ages (for example, children, adult, older persons, but not student). Agency means a Federal department or agency that is empowered to extend financial assistance. Federal financial assistance means any grant, entitlement, loan, cooperative agreement, contract (other than a procurement contract or a contract of insurance or guaranty), or any other arrangement by which the agency provides or otherwise makes available assistance in the form of: (a) Funds; (b) Services of Federal personnel; or (c) Real and personal property or any interest in or use of property, including: (1) Transfers or leases of property for less than fair market value or for reduced consideration; and (2) Proceeds from a subsequent transfer or lease of property if the Federal share of its fair market value is not returned to the Federal Government. Recipient means any State or its political subdivision, any instrumentality of a State or its political sub-division, any public or private agency, institution, organization, or other entity, or any person to which Federal financial assistance is extended, directly or through another recipient. Recipient includes any successor, assignee, or transferee, but excludes the ultimate beneficiary of the assistance. Secretary means the Secretary of the Department of Health and Human Services. United States means the fifty States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Wake Island, the Canal Zone, the Trust Territory of the Pacific Islands, the Northern Marianas, and the territories and possessions of the United States. Subpart B-What is Age Discrimination? STANDARDS FOR DETERMINING DISCRIMINATORY PRACTICES $90.11 Purpose of this subpart. The purpose of this subpart is to set forth the prohibitions against age discrimination and the exceptions to those prohibitions. § 90.12 Rules against age discrimination. The rules stated in this section are limited by the exceptions contained in §§ 90.14, and 90.15 of these regulations. (a) General rule: No person in the United states shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity receiving Federal financial assistance. (b) Specific rules: A recipient may not, in any program or activity receiving Federal financial assistance, directly or through contractual, licensing, or other arrangements use age distinctions or take any other actions which have the effect, on the basis of age, of: (1) Excluding individuals from, denying them the benefits of, or subjecting them to discrimination under, a program or activity receiving Federal financial assistance, or (2) Denying or limiting individuals in their opportunity to participate in any program or activity receiving Federal financial assistance. (c) The specific forms of age discrimination listed in paragraph (b) of this section do not necessarily constitute a complete list. § 90.13 Definitions of normal operation and statutory objective. For purposes of §§ 90.14, and 90.15, the terms normal operation and statutory objective shall have the following meaning: (a) Normal operation means the operation of a program or activity without 150-171 0-94--14 |