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Title 42, The Public Health and WelfareRelease 119-110

§12635 Nondiscrimination

Title 42 › CHAPTER 129 — NATIONAL AND COMMUNITY SERVICE › SUBCHAPTER I — NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM › § 12635

Last updated Sep 22, 2026|Official source

Summary

People who run projects that get money under this subchapter must not treat participants or staff unfairly because of race, color, national origin, sex, age, political affiliation, or disability if the person is a "qualified individual with a disability." Qualified individual with a disability — defined in 42 U.S.C. 12111(8). Any funding under this subchapter counts as Federal financial assistance for purposes of Title VI (42 U.S.C. 2000d et seq.), Title IX (20 U.S.C. 1681 et seq.), section 504 (29 U.S.C. 794), the Age Discrimination Act (42 U.S.C. 6101 et seq.), and as federal assistance to an education program or activity under the Education Amendments of 1972 (20 U.S.C. 1681 et seq.). They also must not discriminate on the basis of religion against participants or staff paid with these funds, except for staff who were already employed by the organization when the grant was awarded. The Chief Executive Officer must create rules to enforce these rules, including allowing an emergency suspension of funding for up to 30 days until notice and a chance to be heard can be given.

Full Legal Text

Title 42, §12635

The Public Health and Welfare, Source: USLM XML via OLRC

(a)In general
(1)Basis
An individual with responsibility for the operation of a project that receives assistance under this subchapter shall not discriminate against a participant in, or member of the staff of, such project on the basis of race, color, national origin, sex, age, or political affiliation of such participant or member, or on the basis of disability, if the participant or member is a qualified individual with a disability.
(2)“Qualified individual with a disability” defined
As used in paragraph (1), the term “qualified individual with a disability” has the meaning given the term in section 12111(8) of this title.
(b)Federal financial assistance
Any assistance provided under this subchapter shall constitute Federal financial assistance for purposes of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), and shall constitute Federal financial assistance to an education program or activity for purposes of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.).
(c)Religious discrimination
(1)In general
Except as provided in paragraph (2), an individual with responsibility for the operation of a project that receives assistance under this subchapter shall not discriminate on the basis of religion against a participant in such project or a member of the staff of such project who is paid with funds received under this subchapter.
(2)Exception
Paragraph (1) shall not apply to the employment, with assistance provided under this subchapter, of any member of the staff, of a project that receives assistance under this subchapter, who was employed with the organization operating the project on the date the grant under this subchapter was awarded.
(d)Rules and regulations
The Chief Executive Officer shall promulgate rules and regulations to provide for the enforcement of this section that shall include provisions for summary suspension of assistance for not more than 30 days, on an emergency basis, until notice and an opportunity to be heard can be provided.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Civil Rights Act of 1964, referred to in subsec. (b), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title VI of the Act is classified generally to subchapter V (§ 2000d et seq.) of chapter 21 of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 2000a of this title and Tables. The Education

Amendments

of 1972, referred to in subsec. (b), is Pub. L. 92–318, June 23, 1972, 86 Stat. 235. Title IX of the Act, known as the Patsy Takemoto Mink Equal Opportunity in Education Act, is classified principally to chapter 38 (§ 1681 et seq.) of Title 20, Education. For complete classification of title IX to the Code, see

Short Title

note set out under section 1681 of Title 20 and Tables. The Age Discrimination Act of 1975, referred to in subsec. (b), is title III of Pub. L. 94–135, Nov. 28, 1975, 89 Stat. 728, which is classified generally to chapter 76 (§ 6101 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 6101 of this title and Tables.

Amendments

1993—Pub. L. 103–82 amended section generally, making revisions relating to discrimination based on disability, the laws for which assistance under this subchapter constitutes Federal financial assistance, and the responsibility for promulgating

Regulations

.

Statutory Notes and Related Subsidiaries

Effective Date

of 1993 AmendmentAmendment by Pub. L. 103–82 effective Oct. 1, 1993, see section 123 of Pub. L. 103–82, set out as a note under section 1701 of Title 16, Conservation.

Reference

Citations & Metadata

Citation

42 U.S.C. § 12635

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110