Sec. 109. nondiscrimination
510 words·~2 min read·
/statute-compilations/comps-10382/sec-109A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## Sec. 109 nondiscrimination **[**[42 U.S.C. 5309](/us/usc/t42/s5309)**]** ###
(a)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 title. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as provided in section 504 of the Rehabilitation Act of 1973 shall also apply to any such program or activity. ###
(b)Whenever the Secretary determines that a State or unit of general local government which is a recipient of assistance under this title has failed to comply with subsection
(a)or
(e)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 111(a) of this Act; or
(4)take such other action as may be provided by law. ###
(c)When a matter is referred to the Attorney General pursuant to subsection (b), 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)The provisions of this section and section 104(b)(2) which relate to discrimination on the basis of race shall not apply to the provision of assistance by grantees under this title to the Hawaiian Home lands. ###
(e)Equal Access ####
(1)Definition In this subsection, the term “**youth organization**” means any organization described under part B of subtitle II of title 36, United States Code, 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.
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