32 C.F.R. § 195.4

Policy

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(a) General. No person in the United States shall, on the ground of race, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program to which this (part) applies.

(b) Specific discriminatory actions prohibited. (1) A recipient under any program to which this part applies may not, directly or through contractual or other arrangements, on the ground of race, color, or national origin:

(i) Deny an individual any service, financial aid, or other benefit provided under the program;

(ii) Provide any service, financial aid, or other benefit to an individual which is different, or is provided in a different manner, from that provided to others under the program;

(iii) In determining the site or location of facilities, a recipient may not make selections with the purpose of excluding individuals from, denying them the benefits of, or subjecting them to discrimination under any program to which this part applies, on the ground of race, color, or national origin; or with the purpose of defeating or substantially impairing the accomplishment of the objectives of the Act or this part.

(iv) Subject an individual to segregation or separate treatment in any matter related to his receipt of any service, financial aid, or other benefit under the program;

(v) Restrict an individual in any way in the enjoyment of any advantage or privilege enjoyed by others receiving any service, financial aid, or other benefit under the program;

(vi) Treat an individual differently from others in determining whether he satisfies any admission, enrollment, quota, eligibility, membership or other requirement or condition which individuals must meet in order to be provided any service, financial aid, or other benefit provided under the program;

(vii) Deny an individual an opportunity to participate in the program through the provision of services or otherwise or afford him an opportunity to do so which is different from that afforded others under the program;

(viii) Deny a person the opportunity to participate as a member of a planning or advisory body which is an integral part of the program.

(2)[Reserved]

(3) As used in this section the services, financial aid, or other benefits provided under a program receiving Federal financial assistance shall be deemed to include any service, financial aid, or other benefit provided in or through a facility provided with the aid of Federal financial assistance.

(4)-(5)[Reserved]

(6) The enumeration of specific forms of prohibited discrimination in this section does not limit the generality of the prohibition in paragraph (a) of this section.

[29 FR 19291, Dec. 31, 1964, as amended at 38 FR 17959, July 5, 1973; 91 FR 46730, July 24, 2026]

Notes of Decisions

Cited in 2 cases, 2001–2004 · leading case: C&C Constr., Inc. v. Sacramento Mun. Util. Dist., 2004 Cal. Daily Op. Serv. 8445 (Cal. Ct. App. 2004).

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C&C Constr., Inc. v. Sacramento Mun. Util. Dist., 2004 Cal. Daily Op. Serv. 8445 (Cal. Ct. App. 2004). · cites it 2× “" ( 32 C.F.R. § 195.4 (b)(4)(i) (2003).) After citing this regulation, SMUD states: "Once again, the fact that the challenged elements of the [race-based affirmative action program] represent actions that must be taken to establish and/or maintain [SMUD's] eligibility to…”

South Camden Citizens in Action v. New Jersey Dep't of Env't Prot., 145 F. Supp. 2d 505 (D.N.J. 2001). “3 (b)(2),(3) (Dep't of Labor); 32 C.F.R. §§ 195.4 (b)(2) (Dep't of Defense); 34 C.”

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