As used in this part, the term:
Administrative Law Judge means a person appointed as provided in 5 U.S.C. 3105 and 5 CFR 930.203, and qualified under 5 U.S.C. 557, to preside at hearings held under the nondiscrimination and equal opportunity provisions of WIA and this part.
Aid, benefits, services, or training means WIA Title I-financially assisted services, financial or other aid, or benefits provided by or through a recipient or its employees, or by others through contract or other arrangements with the recipient. "Aid, benefits, services, or training" includes, but is not limited to:
(1) Core and intensive services;
(2) Education or training;
(3) Health, welfare, housing, social service, rehabilitation, or other supportive services;
(4) Work opportunities; and
(5) Cash, loans, or other financial assistance to individuals.
As used in this part, the term includes any aid, benefits
services, or training provided in or through a facility that has been
constructed, expanded, altered, leased, rented, or otherwise obtained, in whole
or in part, with Federal financial assistance under Title I of WIA.
Applicant means an individual who is
interested in being considered for WIA Title I-financially assisted aid
benefits, services, or training by a recipient, and who has signified that
interest by submitting personal information in response to a request by the
recipient. See also the definitions of "application for benefits," "eligible
applicant/registrant," "participant," "participation," and "recipient" in this
section.
Applicant for employment means a person or
persons who make(s) application for employment with a recipient of Federal
financial assistance under WIA Title I.
Application for assistance means the
process by which required documentation is provided to the Governor, recipient
or Department before and as a condition of receiving WIA Title I financial
assistance (including both new and continuing assistance).
Application for benefits means the process
by which information, including but not limited to a completed application
form, is provided by applicants or eligible applicants before and as a
condition of receiving WIA Title I-financially assisted aid, benefits
services, or training from a recipient.
Assistant Attorney General means the
Assistant Attorney General, Civil Rights Division, United States Department of
Justice.
Assistant Secretary means the Assistant
Secretary for Administration and Management, United States Department of
Labor.
Auxiliary aids or services
includes-
(1) Qualified interpreters
notetakers, transcription services, written materials, telephone handset
amplifiers, assistive listening systems, telephones compatible with hearing
aids, closed caption decoders, open and closed captioning, telecommunications
devices for deaf persons (TDDs/TTYs), videotext displays, or other effective
means of making aurally delivered materials available to individuals with
hearing impairments;
(2) Qualified
readers, taped texts, audio recordings, brailled materials, large print
materials, or other effective means of making visually delivered materials
available to individuals with visual impairments;
(3) Acquisition or modification of equipment
or devices; and
(4) Other similar
services and actions
Beneficiary means the individual or
individuals intended by Congress to receive aid, benefits, services, or
training from a recipient.
Citizenship See "Discrimination on the
ground of citizenship" in this section.
CRC means the Civil Rights Center, Office
of the Assistant Secretary for Administration and Management, U.S. Department
of Labor.
Department means the U.S. Department of
Labor (DOL), including its agencies and organizational units.
Departmental grantmaking agency means a
grantmaking agency within the U.S. Department of Labor.
Director means the Director, Civil Rights
Center (CRC), Office of the Assistant Secretary for Administration and
Management, U.S. Department of Labor, or a designee authorized to act for the
Director.
Disability means, with respect to an
individual, a physical or mental impairment that substantially limits one or
more of the major life activities of such individual; a record of such an
impairment; or being regarded as having such an impairment.
(1)(i) The
phrase physical or mental impairment means-
(A) Any physiological disorder or condition,
cosmetic disfigurement, or anatomical loss affecting one or more of the
following body systems: neurological, musculoskeletal, special sense organs,
respiratory (including speech organs), cardiovascular, reproductive, digestive,
genitourinary, hemic and lymphatic, skin, and endocrine;
(B) Any mental or psychological disorder such
as mental retardation, organic brain syndrome, emotional or mental illness, and
specific learning disabilities.
(ii) The phrase physical or mental
impairment includes, but is not limited to, such contagious and
noncontagious diseases and conditions as orthopedic, visual, speech and hearing
impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis,
cancer, heart disease, diabetes, mental retardation, emotional illness,
specific learning disabilities, HIV disease (whether symptomatic or
asymptomatic), tuberculosis, drug addiction, and alcoholism. The phrase
"physical or mental impairment" does not include homosexuality or
bisexuality.
(2) The
phrase major life activities means functions such as caring
for one's self, performing manual tasks, walking, seeing, hearing, speaking,
breathing, learning, and working.
(3) The phrase has a record of such
an impairment means has a history of, or has been misclassified as
having, a mental or physical impairment that substantially limits one or more
major life activities.
(4) The
phrase is regarded as having an impairment means-
(i) Has a physical or mental impairment that
does not substantially limit major life activities but that is treated by the
recipient as being such a limitation;
(ii) Has a physical or mental impairment that
substantially limits major life activities only as a result of the attitudes of
others toward such impairment; or
(iii) Has none of the impairments defined in
paragraph (1) of this definition but is treated by the recipient as having such
an impairment.
Discrimination on the ground of
citizenship means a denial of participation in programs or activities
financially assisted in whole or in part under Title I of WIA to individuals on
the basis of their status as citizens or nationals of the United States,
lawfully admitted permanent resident aliens, refugees, asylees, and parolees,
or other immigrants authorized by the Attorney General to work in the United
States.
Eligible applicant/registrant means an
individual who has been determined eligible to participate in one or more WIA
Title I-financially assisted programs or activities.
Employment practices means a recipient's
practices related to employment, including but not limited to:
(1) Recruitment or recruitment
advertising;
(2) Selection,
placement, layoff or termination of employees;
(3) Upgrading, promotion, demotion or
transfer of employees;
(4)
Training, including employment-related training;
(5) Participation in upward mobility
programs;
(6) Deciding rates of pay
or other forms of compensation;
(7)
Use of facilities; or
(8) Deciding
other terms, conditions, benefits and/or privileges of employment.
Employment-related training means training
that allows or enables an individual to obtain employment.
Entity means any person, corporation,
partnership, joint venture, sole proprietorship, unincorporated association,
consortium, Indian tribe or tribal organization, Native Hawaiian organization,
and/or entity authorized by State or local law; any State or local government;
and/or any agency, instrumentality or subdivision of such a government.
Facility means all or any portion of
buildings, structures, sites, complexes, equipment, roads, walks, passageways,
parking lots, rolling stock or other conveyances, or other real or personal
property or interest in such property, including the site where the building,
property, structure, or equipment is located. The phrase "real or personal
property" in the preceding sentence includes indoor constructs that may or may
not be permanently attached to a building or structure. Such constructs
include, but are not limited to, office cubicles, computer kiosks, and similar
constructs.
Federal grantmaking agency means a Federal
agency that provides financial assistance under any Federal statute.
Financial assistance means any of the
following:
(1) Any grant, subgrant,
loan, or advance of funds, including funds extended to any entity for payment
to or on behalf of participants admitted to that entity for training, or
extended...
