R1. Student Rights
a. Centers and Outreach and Admissions/Career Transition Services (OA/CTS) contractors must inform all applicants and students of their rights and protections regarding civil rights, including disability accommodations (see Chapter 2, Section 2.4, R2), sexual harassment (see Chapter 2, Section 2.5, R6), religious rights (see R2 below), and nondiscrimination (see Appendix 602). At a minimum, centers and contractors must provide applicants and students with the Equal Opportunity Notice set forth in 29 CFR 38.35 (see Form 1-09). The Notice must be included in each student’s file, and provided in alternate formats upon request to applicants and students with visual impairments. Where an alternate-format notice has been provided, a record that such a notice has been given must also be made a part of the student’s file.
b. Staff Training
Job Corps centers must ensure that all Job Corps center staff are fully apprised of, and annually trained in, requirements regarding civil rights; including religious rights (see Exhibit 5-4).
R2. Religious Activities/Treatment of Religious Organizations
Job Corps places a high value on the right of students in Job Corps to exercise their religious freedom. As detailed in R2.a–h below, Job Corps centers are required to allow students to engage in religious activities on center.
In implementing this requirement, Job Corps centers must not discriminate among students on the basis of religion, religious belief, or lack thereof. Therefore, Job Corps centers must remain neutral in their treatment of various religions; must not require or, based on religion, prohibit participation by any student in religious activities; and must neither encourage students in, nor discourage students from, belief in religion generally, or in any particular religion.
a. Respect for Religious Rights
Job Corps centers must ensure that each student has the right to worship, or not worship, as he or she chooses.
b. Religious Activities Permitted on Center
1. Job Corps centers must permit students to express their views related to religion and to exercise their right to religious freedom. Job Corps centers must permit residents to engage in voluntary religious activities, including holding religious services, on center. Reasonable time, place, and manner restrictions may be imposed, however.
2. Job Corps centers must inform students about their rights to engage in religious activities on center. To the extent applicable, centers must also develop, and inform students about, procedures for scheduling (and monitoring, where appropriate) religious activities to ensure equitable allocation of space and other center resources. In preparing the calendar of recreational events and activities required by Chapter 2, Section 2.2, R3.a, centers must include those on-center religious services that are open to all students and/or supervised by Job Corps staff.
c. Religious Accommodations
1. Centers must develop, and inform students how to access procedures for requesting religious accommodations (for example, special diet or exemption from center activities or rules for religious reasons).
2. If a center denies a request for a religious accommodation, the center must:
(a) Explain to the student the reason for the denial, and any appeal rights and procedures.
(b) Create and keep a record describing the request, indicating that the request was denied and explaining the reason for the denial.
d. Transportation to Local Religious Facilities
Job Corps centers may provide students with transportation to and from local religious facilities. The decision whether to provide transportation to a particular facility must not be based on religion. However, Job Corps centers may impose reasonable time, place, and manner restrictions. For example, a Job Corps center may decide that it will provide transportation only to facilities that are located within a particular distance from the center. If Job Corps centers choose to provide transportation to religious facilities, these centers must develop, and inform students about, procedures for requesting such transportation. Note: Providing such transportation does not relieve Job Corps centers of the obligation in R2.b above to permit students to engage in voluntary religious activities on center.
e. No Discrimination on the Basis of Religion
In providing Job Corps services, Job Corps centers must not discriminate against or favor a current or prospective student on the basis of religion or religious belief or lack thereof. This requirement does not preclude Job Corps centers from accommodating religion or religious belief (e.g., permitting exemptions from certain Job Corps center rules for students based on religious reasons) nor does it require Job Corps centers to give similar treatment or exemptions to students who desire “accommodations” for reasons unrelated to religion or disability (see Chapter 2, Section 2.4, R2 for information about accommodating students with disabilities). Job Corps centers are permitted to supervise on-center religious activities as appropriate to maintain good order and discipline, so long as Job Corps centers do not rely upon the religious (or nonreligious) nature of an activity, or student gathering, in choosing which activities or gatherings to supervise.
f. Prohibited Activities
The following activities are always prohibited on center, regardless of any religious motivation.
1. Acts of violence
2. Animal sacrifice
3. Performance of curses, hexes, or other rituals or actions intended to harm others
4. Public nudity
5. Acts of self-mutilation or infliction of bodily harm
6. Use or display of weapons
7. Exclusion by race, ethnicity, color, or national origin
8. Sexual acts
9. Use, possession, or sale of controlled substances as defined under the Controlled Substances Act; being under the influence of, using, or possessing any narcotic drugs, hallucinogens, marijuana, barbiturates, or amphetamines; operating a motor vehicle while under the influence of alcoholic beverages; and being under the influence of or using alcoholic beverages
10. Possession of unauthorized goods, as defined in the Job Corps regulations at 20 CFR 686.120, which include:
(a) Firearms and ammunition
(b) Explosives and incendiaries
(d) Homemade weapons
(e) All other weapons and instruments used primarily to inflict personal injury
(f) Stolen property
(g) Drugs, including alcohol, marijuana, depressants, stimulants, hallucinogens, tranquilizers, and drug paraphernalia except for drugs and/or paraphernalia that are prescribed for medical reasons
(h) Any other goods prohibited by a center operator in a Student Handbook
11. Coercion or harassment of anyone based on religion or lack thereof
g. When Federal Support May Be Used to Support Inherently Religious Activity
Except as described in this PRH, Job Corps centers must not use direct federal support for inherently religious activities such as worship, religious instruction, or proselytization.
At Job Corps facilities where there is such a degree of government control over the program environment that religious exercise would be significantly burdened absent affirmative steps by Job Corps operators (such as at isolated Job Corps facilities), program officials may take affirmative steps to ensure that program beneficiaries are able to exercise their religious freedom, including the use of direct federal support to provide access to religious services and activities where necessary to ensure the opportunity for exercise of religious rights. Indirect federal support – e.g., support received due to the exercise of genuine and independent choice by a Job Corps student – is not subject to these restrictions on providing Department of Labor (DOL) support to inherently religious activities.
Note: Center supervision of students engaged in religious activities and gatherings, to the extent such supervision occurs in a manner consistent with center supervision of students engaged in nonreligious activities and gatherings, does not constitute federal “support” for religious activities.
h. Religious Organizations Must Be Treated on a Basis Equal to That of Other Organizations
Religious organizations are eligible on the same basis as any other organization to participate in Job Corps programs or activities. Job Corps centers must not discriminate against or favor an organization on the basis of the organization’s religious character or affiliation or lack thereof. Religious organizations that participate in Job Corps programs must be permitted to maintain their religious identity. Religious organizations are permitted to use their facilities to provide services to Job Corps without removing or altering religious art, icons, scriptures, or other religious symbols from those facilities.
R3. Voting Rights
Centers must develop and implement procedures to assist students to vote locally or by absentee ballot. Any assistance with voter registration must be conducted with nonpartisan entities free from party affiliation, bias, or designation.
R4. Use of Applicant and Student Photos and Moving Images
All contractors and centers must ensure that photos and moving images of Job Corps applicants and students are not taken, used on printed materials, or posted on the Internet, except when proper releases have been obtained, as specified in Appendix 601 (Student Rights to Privacy and Disclosure of Information).
R5. Authorizations (Consent for Treatment)
Centers must ensure that proper authorizations are obtained prior to delivery of health services to students.
a. The signed consent form (ETA 653) serves as authorization for basic routine health care and must be placed in the student health record by the time a student arrives on center. Additionally, each student must have a signed Informed Consent to Receive Mental Health and Wellness Treatment form in the student health record by the time the student arrives on center.
b. Each time a student requires services other than those covered under the blanket consent signed on admission, written consent must be obtained from the student or parent/legal guardian.
c. In emergency situations, the Center Director may make an exception to the requirement for consent when a student who has reached the age of maturity cannot give consent or a parent/guardian of a student under the age of maturity cannot be contacted. This must be documented in the student’s health record.
R6. Student Tort Claims
Job Corps centers must:
a. Advise students of their status as federal employees for purposes of the Federal Tort Claims Act, 28 CFR Part 15 and 20 CFR 686.900.
b. Assist students in submitting claims to the Regional Office for damage, loss, or destruction of personal property, when the property is under the control and custody of the center, in accordance with the Federal Tort Claims Act, 28 CFR Part 15, in accordance with procedures described in Appendix 602.
R7. Access to Legal Services
Job Corps centers must provide students with information about the availability of legal assistance within the community at no cost to Job Corps, for those charged with a felony or misdemeanor.
R8. Student Legal Obligations
Job Corps centers must assist students in resolving minor legal obligations and civil fines or court-ordered restitution.
R9. Notification of Discrimination Complaints
OA/CTS contractors and centers must promptly notify the Regional Office of any administrative actions or lawsuits that are filed against the contractor or center that allege discrimination on the grounds of race, color, religion, sex (including pregnancy and gender identity), national origin, age, disability (physical or mental), genetic information, parental status, sexual orientation, marital status, political affiliation or belief, or any other prohibited factor, including those filed by students and applicants. The notification must include:
a. Names of the parties to the action or lawsuit
b. Forum (court or administrative agency) in which each case was filed
c. Relevant case numbers
The Regional Office will convey the information to the Office of Job Corps, which is responsible for promptly conveying this information to the U.S. Department of Labor Civil Rights Center (DOL-CRC), as described in 29 CFR 38.42.
R10. Complaint Process for Suspected Enrollment Discrimination
If the applicant believes that he or she has been denied admission for enrollment as a result of discrimination on a protected basis (race, color, religion, sex/gender, national origin, age, disability, political affiliation or belief, citizenship, or participation in a program or activity financially assisted under Workforce Innovation and Opportunity Act Title I), he or she may file a written complaint within 180 days of the decision, with either the recipient of the funds, as defined in 29 CFR 38.4, such as the OA agency or the Job Corps contractor, or center operator (if not federally operated), or the U.S. Department of Labor Civil Rights Center (DOL-CRC). The contact information of the Director of DOL-CRC is as follows:
Director, Civil Rights Center
U.S. Department of Labor
200 Constitution Avenue, NW
Washington, DC 20210
(202) 693-6502 (voice)
TTY: (202) 693-6516CivilRightsCenter@dol.gov
a. A designated, trained Equal Opportunity Officer who will:
1. Assist students and applicants in filing complaints with the center or with the DOL Civil Rights Center (CRC).
2. Attempt to informally resolve complaints filed with the Job Corps center.
3. Document all complaints filed with the Job Corps center (including keeping a complaint log) and all actions taken in connection with complaints.
4. Provide center-wide training and publicity.
5. Ensure that student complainants are not subjected to retaliation or other adverse treatment.
6. Provide written notice of students’ right to file complaints, and written guidance to assist students in filing complaints.
7. Advise students of appeal rights and procedures.
8. Serve as the center’s liaison with CRC.
9. Monitor and investigate the Job Corps center’s activities to make sure the center is complying with its nondiscrimination and equal opportunity obligations.
10. Report directly to the appropriate official about equal opportunity matters.
11. Undergo training to maintain competency.
R12. Equal Employment Opportunity/Civil Rights
Center operators and OA/CTS contractors must:
a. Not deny employees equal opportunity/civil rights because of race, color, religion, sex (including pregnancy and gender identity), national origin, age, disability (physical or mental), genetic information, parental status, sexual orientation, marital status, political affiliation or belief, or any other prohibited factor. Sexual harassment is prohibited in Job Corps. Discrimination is prohibited in all contracts, grants, and programs funded by the Department of Labor.
b. Provide prompt, fair, and impartial consideration of discrimination or other civil rights complaints through an established and approved grievance system.