Encl. (1) to COMDTINST 5350.20A
(3) In determining the site or location of facilities, a recipient or applicant may not
make selections with the purpose or effect of excluding persons from, denying them the
benefits of, or
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subjecting them to discrimination under any program to which this regulation applies, on
the grounds of race, color, or national origin; or with the purpose or effect of defeating or
substantially impairing the accomplishment of the objectives of the Act or this part.
(4) As used in this section the services, financial aid, or other benefits provided under a
program receiving Federal financial assistance include any service, financial aid, or other
benefit provided in or through a facility provided with the aid of Federal financial
assistance.
(5) The enumeration of specific forms of prohibited discrimination in this paragraph
does not limit the generality of the prohibition in paragraph (a) of this section.
(6) This part does not prohibit the consideration of race, color, or national origin if the
purpose and effect are to remove or overcome the consequences of practices or
impediments which have restricted the availability of, or participation in, the program or
activity receiving Federal financial assistance, on the grounds of race, color, or national
origin. Where prior discriminatory practice or usage tends, on the grounds of race, color,
or national origin to exclude individuals from participation in, to deny them the benefits
of, or to subject them to discrimination under any program or activity to which this part
applies, the applicant or recipient must take affirmative action to remove or overcome the
effects of the prior discriminatory practice or usage. Even in the absence of prior
discriminatory practice or usage, a recipient in administering a program or activity to
which this part applies, may take affirmative action to assure that no person is excluded
from participation in or denied the benefits of the program or activity on the grounds of
race, color, or national origin.
(c) Employment practices. (1) Where a primary objective of the Federal financial
assistance to a program to which this part applies is to provide employment, a recipient
subject to this part shall not, directly or through contractual or other arrangements,
subject a person to discrimination on the ground of race, color, or national origin in its
employment practices under such program (including recruitment or recruitment
advertising, hiring, firing, upgrading, promotion, demotion, transfer, layoff, termination,
rates of pay or other forms of compensation or benefits, selection for training or
apprenticeship, and use of facilities). Such recipient shall take affirmative action to insure
that applicants are employed, and employees are treated during employment, without
regard to their race, color, or national origin. The requirements applicable to construction
employment under any such program shall be those specified in or pursuant to Part III of
Executive Order 11246 or any Executive order which supersedes it.
(2) Federal financial assistance to programs under laws funded or administered by the
Department which have as a primary objective the providing of employment include
those set forth in appendix B to this part.
(3) Where a primary objective of the Federal financial assistance is not to provide
employment, but discrimination on the grounds of race, color, or national origin in the
employment practices of the recipient or other persons subject to the regulation tends, on
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