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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
<br /> Florida Department of Law Enforcement
<br /> 33. Equal Employment Opportunity (EEO)
<br /> a. No person , on the grounds of race, creed , color or national origin shall be excluded from
<br /> participation in , be refused benefits of, or otherwise subjected to discrimination under grants
<br /> awarded pursuant to Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation
<br /> Act of 1973, as amended ; Title IX of the Education Amendments of 1972, The Age
<br /> Discrimination Act of 1975; and , Department of Justice Non-Discrimination Regulations 28
<br /> CFR Part 42 , Subparts C, D , E, F, G and H .
<br /> b. The subgrant recipient and the implementing agency agree to certify that they either do or do
<br /> not meet EEO program criteria as set forth in Section 501 of The Federal Omnibus Crime
<br /> Control and Safe Streets Act of 1968, as amended and that they have or have not
<br /> formulated , implemented and maintained a current EEO Program . Submission of this
<br /> certification is a prerequisite to entering into this agreement. This certification is a material
<br /> representation of fact upon which reliance was placed when this agreement was made. If the
<br /> subgrant recipient or implementing agency meet Act criteria but have not formulated,
<br /> implemented and maintained such a current written EEO Program, they have 120 days after
<br /> the date this agreement was made to comply with the Act or face loss of federal funds subject
<br /> to the sanctions in the Justice System Improvement Act of 1979, Pub. L. 96-157, 42 U .S.C.
<br /> 3701 , et seq . (Reference Section 803 (a) of the Act, 42 U.S.C. 3783 (a) and 28 CFR Section
<br /> 42.207 Compliance Information).
<br /> c. Any subgrant recipient or implementing agency receiving a single grant award for $500,000
<br /> or more OR an aggregate of grant awards for $1 ,000,000 or more during any 18 month
<br /> period in federal funds, must have approval of its EEO Plan by the U .S. DOJ, Office for Civil
<br /> Rights (OCR) . The subgrantee shall submit its EEO Plan to FDLE, for submittal to the U .S.
<br /> DOJ, OCR for approval. The submission shall be in both paper copy and electronic format. If
<br /> the U.S . DOJ , OCR has approved an agency's EEO Plan during the two previous years, it is
<br /> not necessary to submit another EEO Plan. Instead, the subgrantee need only send a copy
<br /> of its approval letter from the OCR. However, if the EEO Plan approval is more than two
<br /> years old, an updated Plan must be submitted.
<br /> d. In the event a Federal or State court of Federal or State administrative agency makes a
<br /> finding of discrimination after a due process hearing on the grounds of race, color, religion,
<br /> national origin, sex, or disability against a recipient of funds, the recipient will forward a copy
<br /> of the finding to the Office for Civil Rights, Office of Justice Programs.
<br /> 34. Americans with Disabilities Act
<br /> Subgrantees must comply with the requirements of the Americans with Disabilities Act (ADA),
<br /> Public Law 101 -336, which prohibits discrimination by public and private entities on the basis of
<br /> disability and requires certain accommodations be made with regard to employment (Title 1), state
<br /> and local government services and transportation (Title 11), public accommodations (Title III) , and
<br /> telecommunications (Title IV) .
<br /> 35. Immigration and Nationality Act
<br /> No public funds will intentionally be awarded to any contractor who knowingly employs
<br /> unauthorized alien workers, constituting a violation of the employment provisions contained in 8
<br /> U .S .C. Section 1324a(e) , Section 274A(e) of the Immigration and Nationality Act ("INA"). The
<br /> Department shall consider the employment by any contractor of unauthorized aliens a violation of
<br /> Section 274A(e) of the INA. Such violation by the subgrant recipient of the employment
<br /> provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of
<br /> this contract by the Department.
<br /> SFY 2007 Page 10
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