28 C.F.R. § 42.201

Purpose and application

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(a) The purpose of this subpart is to implement the provisions of section 815(c) of the Justice System Improvement Act of 1979 (42 U.S.C. 3789d(c); title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d; and title IX of the Education Amendments of 1972, 20 U.S.C. 1681, et seq., to the end that no person in any State shall on the ground of race, color, national origin, sex, or religion be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or be denied employment in connection with any program or activity funded in whole or in part with funds made available under either the Justice System Improvement Act or the Juvenile Justice Act by the Law Enforcement Assistance Administration, the National Institute of Justice, or the Bureau of Justice Statistics. These regulations also implement Executive Order 12138, which requires all Federal agencies awarding financial assistance to take certain steps to advance women's business enterprise.

(b) The regulations in this subpart apply to the delivery of services by, and employment practices of recipients administering, participating in, or substantially benefiting from any program or activity receiving Federal financial assistance extended under the Justice System Improvement Act of 1979, or the Juvenile Justice and Delinquency Prevention Act of 1974, as amended.

(c) Where a private recipient which receives such assistance through a unit of government is engaged in prohibited discrimination, the Office of Justice Assistance, Research, and Statistics will invoke the enforcement procedures of this subpart (§ 42.208, et seq.) against the appropriate unit of government for failure to enforce the assurances of nondiscrimination given it by the private recipient pursuant to § 42.204(a). Where a private recipient receives assistance either directly from the Law Enforcement Assistance Administration, the National Institute of Justice, or the Bureau of Justice Statistics or through another private entity which receives funds directly from one of those agencies, compliance will be enforced pursuant to section 803(a) of the Justice System Improvement Act.

Notes of Decisions

Cited in 9 cases, 1974–1982 · leading case: United States v. County of Hawaii

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United States v. County of Hawaii (1979) hid · cites it 5× “§ 3766 (c) does not confer subject matter jurisdiction on the court to hear this suit or standing on the Attorney General to bring it; the complaint fails to state a claim upon which relief can be granted because the regulations at 28 C.”

United States v. City of Buffalo (1978) nywd “28 C.F.R. §§ 42.201 et seq. and 42.301 et seq.”

Detroit Police Officers Ass'n v. Young (1978) mied “§ 3766 ; 28 C.F.R. § 42.201 et seq. Clearly, defendants’ threat of loss claim falls far short of the “compelling state interest” contemplated by the United States Supreme Court.”

Brown v. New Haven Civil Service Board (1979) ctd “Department of the Treasury). Finally, in the ninth count there is a claim of violation of Title VI of the Civil Rights Act of 1964, 42 U.”

United States v. City of Philadelphia (1980) paed · cites it 2× “, the Fourteenth Amendment to the Constitution of the United States, and the guidelines of the Department of Justice and the Law Enforcement Assistance Administration which provide for equal employment opportunity in federally funded programs and activities, 28 C.F.R. § 42.201 ,…”

United States v. City of Chicago (1974) ilnd “§ 2000e-2, but also the regulations and guidelines of the Department of Justice and the Law Enforcement Assistance Administration which provide for equal employment opportunity in federally assisted programs and activities, 28 C.F.R. 42.201, et seq., and 42.-301, et seq.”

Green v. Cauthen (1974) scd “The Office of Civil Rights Compliance is responsible for monitoring compliance with the Department of Justice-LEAA Equal Employment Opportunity Regulations, 28 CFR 42.201, et seq., subpart D, and the compliance of contractors in Federally funded construction as required by…”

Nash v. City of Oakwood, Ohio (1982) ohsd “28 C.F.R. § 42.201 et seq. Instead, the phrase probably refers to the Law Enforcement Assistance Administration (LEAA), the Department of Justice, the National Institute of Justice, and other entities mentioned in the provisions of the Act.”

United States v. City of Philadelphia (1978) ca3 “, the fourteenth amendment, and the guidelines of the Department of Justice and the Law Enforcement Assistance Administration [LEAA] which provide for equal employment opportunity in federally assisted programs and activities, 28 C.F.R. § 42.201 et seq. Specifically, the…”

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