42 U.S.C. § 5309 : US Code - Section 5309: Nondiscrimination in programs and activities

Search 42 U.S.C. § 5309 : US Code - Section 5309: Nondiscrimination in programs and activities

(a) Prohibited conduct
No person in the United States shall on the ground of race,
color, national origin, religion, or sex be excluded from
participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity funded in whole or in
part with funds made available under this chapter. Any prohibition
against discrimination on the basis of age under the Age
Discrimination Act of 1975 [42 U.S.C. 6101 et seq.] or with respect
to an otherwise qualified handicapped individual as provided in
section 794 of title 29 shall also apply to any such program or
activity.
(b) Compliance procedures available to Secretary
Whenever the Secretary determines that a State or unit of general
local government which is a recipient of assistance under this
chapter has failed to comply with subsection (a) or (e) of this
section or an applicable regulation, he shall notify the Governor
of such State or the chief executive officer of such unit of local
government of the noncompliance and shall request the Governor or
the chief executive officer to secure compliance. If within a
reasonable period of time, not to exceed sixty days, the Governor
or the chief executive officer fails or refuses to secure
compliance, the Secretary is authorized to (1) refer the matter to
the Attorney General with a recommendation that an appropriate
civil action be instituted; (2) exercise the powers and functions
provided by title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d); (3) exercise the powers and functions provided for in
section 5311(a) of this title; or (4) take such other action as may
be provided by law.
(c) Civil action by Attorney General
When a matter is referred to the Attorney General pursuant to
subsection (b) of this section, or whenever he has reason to
believe that a State government or unit of general local government
is engaged in a pattern or practice in violation of the provisions
of this section, the Attorney General may bring a civil action in
any appropriate United States district court for such relief as may
be appropriate, including injunctive relief.
(d) Waiver of race discrimination prohibitions regarding assistance
to Hawaiian Home Lands
The provisions of this section and section 5304(b)(2) of this
title which relate to discrimination on the basis of race shall not
apply to the provision of assistance by grantees under this chapter
to the Hawaiian Home Lands.
(e) Equal access
(1) Definition
In this subsection, the term "youth organization" means an
organization described under part B of subtitle II of title 36
that is intended to serve individuals under the age of 21 years.
(2) In general
No State or unit of general local government that has a
designated open forum, limited public forum, or nonpublic forum
and that is a recipient of assistance under this chapter shall
deny equal access or a fair opportunity to meet to, or
discriminate against, any youth organization, including the Boy
Scouts of America or any group officially affiliated with the Boy
Scouts of America, that wishes to conduct a meeting or otherwise
participate in that designated open forum, limited public forum,
or nonpublic forum.