C.F.R. » Title 34 » CHAPTER I—OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF EDUCATION › PART 106—NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE › Subpart D—Discrimination on the Basis of Sex in Education Programs or Activities Prohibited

34 C.F.R. § 106.38

Employment assistance to students

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(a) Assistance by recipient in making available outside employment. A recipient which assists any agency, organization or person in making employment available to any of its students:

(1) Shall assure itself that such employment is made available without discrimination on the basis of sex; and

(2) Shall not render such services to any agency, organization, or person which discriminates on the basis of sex in its employment practices.

(b) Employment of students by recipients. A recipient which employs any of its students shall not do so in a manner which violates subpart E of this part.

[45 FR 30955, May 9, 1980, as amended at 85 FR 30579, May 19, 2020]
Notes of Decisions
Cited in 4 cases, 1994–1998 · leading case: Women Prisoners of the Dist. of Columbia Dep't of Corr. v. Dist. of Columbia, 877 F. Supp. 634 (D.D.C. 1994).
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Women Prisoners of the Dist. of Columbia Dep't of Corr. v. Dist. of Columbia, 877 F. Supp. 634 (D.D.C. 1994). · cites it 4× “34 C.F.R. § 106.38 and Pt. 100, App. B, VII-A & VII-B.”
Women Prisoners of the Dist. of Columbia Dep't of Corr. v. Dist. of Columbia, 899 F. Supp. 659 (D.D.C. 1995). · cites it 2× “34 C.F.R. § 106.38 (a) (1994). Use of the word "outside" indicates a clear intent to prevent discrimination in ordinary employment as opposed to the more traditional academic or work training programs.”
Beasley v. Alabama State Univ., 3 F. Supp. 2d 1304 (M.D. Ala. 1998). · cites it 2× “§§ 1681 through 1688 (West 1990), and its implementing regulations, 34 C.F.R. §§ 106.38 , 106.41 (1997), is barred by the eleventh amendment to the United States Constitution.”
Beasley v. Alabama State Univ., 3 F. Supp. 2d 1325 (M.D. Ala. 1998). “, and its implementing regulations, 34 C.F.R. §§ 106.38 ,106.41, as well as the equal protection clause of the fourteenth amendment to the United States Constitution, as enforced through 42 U.”
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