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Advisory and Program search result
Directive:

DINAP BULLETIN 87-11


Status: Cancelled

Subject:
Equal Opportunity and Nondiscrimination Policy in Native American Programs

Purpose:
To inform grantees that activities related to equal opportunity compliance and enforcement will be directed by the Department of Labor's Directorate of Civil Rights.

To

All Native American Grantees

From

HERBERT FELLMAN PAUL A. MAYRAND Chief Director Division of Indian and Native Office of Special Targeted American Programs Programs

Date

October 01, 1987

Expiration Date

Ongoing.

Rescissions:    None.
Text :
References. The Age Discrimination Act of 1975, 42 U.S.C. Sec. 6102. The Rehabilitation Act of 1973, 29 U.S.C. Sec. 794, and its implementing regulations at 29 CFR Part 32; Title IX of the Education Amendments of 1972, 20 U.S.C. Sec. 1681; Title VI of the Civil Rights Act of 1964, 42 U.S.C. Par. 2000d, and its implementing regulations at 29 CFR Part 31; Section 167 of the Job Training Partnership Act of 1982, 29 U.S.C. Sec. 1559. Backqround. Section 401 of the Job Training Partnership Act authorized the Secretary of Labor to fund programs offering job referral, job training, job counseling and other employment-related services to help jobless Native Americans. Eligible persons include Indians, Eskimos, Aleuts, Hawaiians and other persons of Native American descent who are economically disadvantaged, unemployed, or underemployed. Presently there are one hundred eighty-eight (188) tribes, bands, or groups administering comprehensive training and employment programs for Native Americans. All programs which receive financial assistance from the Department of Labor (DOL), including Native American programs, are covered by equal opportunity and nondiscrimination laws and regulations. The following provisions apply to Native American programs: -- Title VI of the Civil Rights Act of 1964, as amended, which provides that no person shall, on the basis of race, color, or national origin, be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination under any program or activity receiving financial assistance from DOL.* -- Section 167 of the Job Training Partnership Act of 1982, which provides that no person shall, on the basis of race, color, religion, sex, national origin, age, handicap, or political affiliation or belief, be excluded from participation in, denied the benefits of, be subjected to discrimination under, or denied employment in the administration of or in connection with any program or activity funded under the Act; JTPA further requires that any such program or activity be open to participation by citizens and nationals of the United States, lawfully admitted permanent resident aliens, lawfully admitted refugees and parolees, and other individuals authorized by the Attorney General to work in the United States.* -- The Age Discrimination Act of 1975, which provides that no person shall, on the basis of age, be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination under any program or activity receiving financial assistance from DOL. -- The Rehabilitation Act of 1973, as amended, which provides that no otherwise qualified person shall, solely on the basis of physical or mental handicap, be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination under any program or activity receiving financial assistance from DOL. -- Title IX of the Education Amendments of 1972, as amended, which provides that no person shall, on the basis of sex, be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination under any education or training program or activity receiving financial assistance from DOL. * Since Native American programs are limited by law to individuals of certain race and ethnic origin, recipients may legitimately exclude from the program persons who do not meet the race/ethnic eligibility criteria. The Directorate of Civil Rights (DCR), as the agent of the Secretary of Labor, is responsible for monitoring or reviewing recipients to determine if they are in compliance with the above nondiscrimination provisions, and for conducting investigations when there is reason to believe that discrimination is occurring or has occurred. Employees and participants of the Native American programs who feel discriminated against on any of the grounds described above, may file a complaint with: Directorate of Civil Rights U.S. Department of Labor 200 Constitution Avenue, NW Washington, D.C. 20210 Only complaints alleging discrimination on the basis of handicap shall be processed at the local level, pursuant to 29 CFR Part 32.45. This provision requires that the recipient issue a determination on the complaint within 60 days of the date on which the complaint is filed. If not satisfied with the decision, or if no decision is issued, the complainant or his/her representative may, within 30 days of the local level decision or 90 days from the date the complaint was filed, file a complaint with the Directorate of Civil Rights at the above address. In order to maintain program participants' awareness of the program's nondiscrimination policy, and to explain briefly the procedure for filing a complaint, recipients are required by regulation to display prominently and in reasonable numbers the poster developed by DCR for this purpose. DINAP will issue a supply of posters to all grantees in the near future. Action Required. The information in this directive should be provided to appropriate personnel at the program level with instructions that all discrimination complaints involving U.S. Department of Labor funded JTPA programs, except for handicap complaints, should be referred to the Directorate of Civil Rights. DCR may also conduct on-site equal opportunity compliance reviews of Native American programs to determine compliance with appropriate civil rights statutes and regulations. Grantees will be advised in advance of any review scheduled. Inquiries. Consult your DINAP Federal Representative.

Attachments :
None.




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