[wiaattorneys] State agencies as recipients under section 188 and 29 CFR Part 37

  • From: "Sandronsky, Vera@EDD" <VSandron@xxxxxxxxxx>
  • To: wiaattorneys@xxxxxxxxxxxxx
  • Date: Fri, 7 Oct 2005 11:29:44 -0700

Section 188 of the WIA applies the nondiscrimination rules set forth in the
listed federal laws to "programs and activities funded or otherwise
financially assisted in whole or in part under this Act...." 

Has anyone considered whether the WIA nondiscrimination rules that implement
section 188 and are set forth in 29 CFR Part 37 apply to a state agency's
employment practices concerning its employees?

There seems to be contradictory language in the federal regulations.
"Recipient" at section 37.4 is defined to include "State-level agencies that
administer, or are financed in whole or in part, with WIA Title I
funds."--This could support the position that the WIA nondiscrimination
rules do apply to a state agency's employment practices concerning its own
employees when that state agency receives WIA funds. 

But then section 37.10 mirrors the language in section 188 of the WIA and
provides in part that 
"Discrimination on the ground of race, color, religion, sex, national
origin, age, disability, or political affiliation or belief is prohibited in
employment practices in the administration of, or in connection, with: 1)
Any WIA Title I-financially assisted program or activity;...."---You could
argue that "program or activity" language does not include a state agency's
own employment practices simply because that state agency receives WIA
funding. The state agency itself is not operating WIA funded programs or
activities but passes the WIA funded money on to other entities.

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Vera Sandronsky
EDD Legal Office
(916) 654-8410


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