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Section 3: Nondiscrimination Authorities

The authorities applicable to the Department’s OJT program include:

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Title VII of the Civil Rights Act (1964)

Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment and was passed to bring equality in hiring, transfers, promotions, compensation, access to training, and other employment-related decisions.

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Form FHWA-1273

Contractors are required to have an OJT program. According to Form FHWA-1273, section II.6(b), Training and Promotion, consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance.

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Title 49, Code of Federal Regulations, Part 21

Title 49, Code of Federal Regulations (CFR), Part 21 of the DOT Regulations of the implementation of Title VI require assurances from states that no person on grounds of race, color, or national origin is excluded from participation, denied the benefits of, or in any other way subjected to discrimination under any program or activity for which the recipient receives assistance from the DOT, including the FHWA.

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Title 23 CFR 230

The provisions of 23 CFR 230 - are applicable to all state transportation agencies that receive federal financial assistance in connection with the Federal-aid Highway Program. Subpart A requires the establishment of the on-the-job training program and on-the-job training supportive services program.

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