[wiaattorneys] Re: State agencies as recipients under section 188 and 29 CFR Part 37
- From: "Duhigg, Doris, DOL" <doris.duhigg@xxxxxxxxxxx>
- To: <VSandron@xxxxxxxxxx>, <wiaattorneys@xxxxxxxxxxxxx>
- Date: Fri, 7 Oct 2005 13:41:52 -0600
NM has operated on the belief that WIA non-discrim. requirements apply
to our Agency.
Doris Duhigg
Chief Counsel, NMDOL
(505) 841-8474
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________________________________
From: wiaattorneys-bounce@xxxxxxxxxxxxx
[mailto:wiaattorneys-bounce@xxxxxxxxxxxxx] On Behalf Of Sandronsky,
Vera@EDD
Sent: Friday, October 07, 2005 12:30 PM
To: wiaattorneys@xxxxxxxxxxxxx
Subject: [wiaattorneys] State agencies as recipients under section 188
and 29 CFR Part 37
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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