(a) The Governor and the recipient are jointly and severally liable for all violations of the nondiscrimination and equal opportunity provisions of WIA and this part by the recipient, unless the Governor has:

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Terms Used In 29 CFR 37.52

  • Contract: A legal written agreement that becomes binding when signed.
  • Recipient: includes , but is not limited to:

    (1) State-level agencies that administer, or are financed in whole or in part with, WIA Title I funds;

    (2) State Employment Security Agencies;

    (3) State and local Workforce Investment Boards;

    (4) LWIA grant recipients;

    (5) One-Stop operators;

    (6) Service providers, including eligible training providers;

    (7) On-the-Job Training (OJT) employers;

    (8) Job Corps contractors and center operators, excluding the operators of federally-operated Job Corps centers;

    (9) Job Corps national training contractors;

    (10) Outreach and admissions agencies, including Job Corps contractors that perform these functions;

    (11) Placement agencies, including Job Corps contractors that perform these functions; and

    (12) Other National Program recipients. See 29 CFR 37.4

(1) Established and adhered to a Methods of Administration, under § 37.54, designed to give reasonable guarantee of the recipient’s compliance with such provisions;

(2) Entered into a written contract with the recipient that clearly establishes the recipient’s obligations regarding nondiscrimination and equal opportunity;

(3) Acted with due diligence to monitor the recipient’s compliance with these provisions; and

(4) Taken prompt and appropriate corrective action to effect compliance.

(b) If the Director determines that the Governor has demonstrated substantial compliance with the requirements of paragraph (a) of this section, he or she may recommend to the Secretary that the imposition of sanctions against the Governor be waived and that sanctions be imposed only against the noncomplying recipient.

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