Comparable facilities с Housing, [42, 54]; 86.32 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) Exemptions Curricular materials, [52]; 86.42(a) D Definitions, [14, 15]; 86.2(a) to (r) Designation of responsible employee, [20, 22]; 86.8(a), (b) 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- 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 Employment Advertising, 86.59 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) J Job Classification and Structure, 86.55 L LEA's, [44]; 86.35 M Marital and Parental Status General, [85, 93, 94]; 86.57 Pregnancy, [85, 93, 94]; 86.57(b) Pregnancy as a temporary disability, [85, 93, 94]; 86.57(c) Pregnancy leave, [85, 93, 94]; 86.57(d) Students 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 YMCA, YWCA and others, [27, 28, 53]; 86.14(b) Military and Merchant Marine Educational Institutions, [29]; 86.13 P Pooling, see "Financial Assistance", 86.37 Pre-employment Inquiries Marital status, [86, 95]; 86.60(a) Sex, 86.60(b) Preference in Admissions, [35]; 86.22 See also "Remedial and Affirmative Ac tion" Pregnancy, Employment General, [85, 93, 94]; 86.57 Pregnancy, [85, 93, 94]; 86.57(b) Pregnancy as temporary disability, [85, 93, 94]; 86.57(c) Pregnancy leave, [85, 93, 94]; 86.57(d) 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 90.1 What is the purpose of the Age Discrimination Act of 1975? 90.2 What is the purpose of these regulations? 90.3 What programs and activities does the Age Discrimination Act of 1975 cover? 90.4 How are the terms in the regulations defined? Subpart B-What is Age Discrimination? STANDARDS FOR DETERMINING 90.11 Purpose of this subpart. 90.12 Rules against age discrimination. 90.13 Definitions of normal operation and statutory objective. 90.14 Exceptions to the rules against age discrimination. Normal operation or statutory objective of any program or activity. 90.15 Exceptions to the rules against age discrimination. Reasonable factors other than age. 90.16 Burden of proof. Subpart C-What are the Responsibilities of the Federal Agencies? 90.31 Issuance of regulations. 90.32 Review of agency policies and administrative practices. 90.33 Interagency cooperation. 90.34 Agency reports. Subpart D-Investigation, Conciliation and Enforcement Procedures 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? $90.3 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 activ § 90.1 What is the purpose of the Age ity receiving Federal financial assistDiscrimination 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 regulations? (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. ance 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 significant changes that would impair its ability to meet its objectives. (b) Statutory objective means any purpose of a program or activity expressly stated in any Federal statute, State statute, or local statute or ordinance adopted by an elected, general purpose legislative body. § 90.14 Exceptions to the rules against age discrimination. Normal operation or statutory objective of any program or activity. A recipient is permitted to take an action, otherwise prohibited by §90.12, if the action reasonably takes into account age as a factor necessary to the normal operation or the achievement of any statutory objective of a program or activity. An action reasonably takes into account age as a factor necessary to the normal operation or the achievement of any statutory objective of a program or activity, if: (a) Age is used as a measure or approximation of one or more other characteristics; and (b) The other characteristic(s) must be measured or approximated in order for the normal operation of the program or activity to continue, or to achieve any statutory objective of the program or activity; and (c) The other characteristic(s) can be reasonably measured or approximated by the use of age; and (d) The other characteristic(s) are impractical to measure directly on an individual basis. § 90.15 Exceptions to the rules against age discrimination. Reasonable factors other than age. A recipient is permitted to take an action otherwise prohibited by §90.12 which is based on a factor other than age, even though that action may have a disproportionate effect on persons of different ages. An action may be based on a factor other than age only if the factor bears a direct and substantial relationship to the normal operation of the program or activity or to the achievement of a statutory objective. § 90.16 Burden of proof. The burden of proving that an age distinction or other action falls within the exceptions outlined in §§ 90.14 and 90.15 is on the recipient of Federal financial assistance. Subpart C-What are the Responsibilities of the Federal Agencies? § 90.31 Issuance of regulations. (a) The head of each agency which extends Federal financial assistance to any program or activity shall publish proposed and final age discrimination regulations in the FEDERAL REGISTER to: (1) Carry out the provisions of section 303 of the Age Discrimination Act of 1975; and (2) Provide for appropriate investigative, conciliation, and enforcement procedures. (b) Each agency shall publish its proposed agency age discrimination regulations no later than 90 days after the publication date of the final general, government-wide age discrimination regulations. (c) Each agency shall submit its final agency regulations to HHS for review no later than 120 days after publication of proposed agency age discrimination regulations. (d) Final agency age discrimination regulations shall be consistent with these general, government-wide age discrimination regulations and shall not be published until the Secretary approves them. (e) Each agency shall include in its regulations a provision governing the operation of an alternate funds disbursal procedure as described in § 90.48 of these regulations. (f) Each agency shall publish an appendix to its final age discrimination regulations containing a list of each age distinction provided in a Federal statute or in regulations affecting financial assistance administered by the agency. § 90.32 Review of agency policies and administrative practices. (a) Each agency shall conduct a review of age distinctions it imposes on its recipients by regulations, policies, and administrative practices. The purpose of this review is to identify how age distinctions are used by each Federal agency and whether those age distinctions are permissible under the Act and implementing regulations. (b) No later than 12 months from the date the agency published its final regulations, the agency shall publish, for public comment, a report in the FEDERAL REGISTER containing: (1) The results of the review conducted under paragraph (a) of this section; (2) A list of the age distinctions contained in regulations which are to be continued; (3) The justification under the requirements of the Act and these regulations for each age distinction to be continued; |