Page:United States Statutes at Large Volume 102 Part 3.djvu/418

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PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 2370

PUBLIC LAW 100-485—OCT. 13, 1988

through local news facilities and public announcements, in order to provide the opportunity for review and comment. "(3) The comments and recommendations of the State job training coordinating council under paragraph (2) shall be transmitted to the Governor of the State. "(b) The Secretary of Health and Human Services shall consult with the Secretaries of Education and Labor on a continuing basis for the purpose of assuring the maximum coordination of education and training services in the development and implementation of the program under this part. "(c) The State agency responsible for administering or supervising the administration of the State plan approved under part A shall consult with the State education agency and the agency responsible for administering job training programs in the State in order to promote coordination of the planning and delivery of services under the program with programs operated under the Job Training Partnership Act and with education programs available in the State (including any program under the Adult Education Act or Carl D. Perkins Vocational Education Act). PROVISIONS GENERALLY APPLICABLE TO PROVISION OF SERVICES

42 USC 684.

Discrimination, prohibition.

Wages. Claims. Contracts. Wages.

"SEC. 484. (a) In assigning participants in the program under this part to any program activity, the State agency shall assure that— "(1) each assignment takes into account the physical capacity, skills, experience, health and safety, family responsibilities, and place of residence of the participant; "(2) no participant will be required, without his or her consent, to travel an unreasonable distance from his or her home or remain away from such home overnight; "(3) individuals are not discriminated against on the basis of race, sex, national origin, religion, age, or handicapping condition, and all participants will have such rights as are available under any applicable Federal, State, or local law prohibiting discrimination; "(4) the conditions of participation are reasonable, taking into account in each case the proficiency of the participant and the child care and other supportive services needs of the participant; and "(5) each assignment is based on available resources, the participant's circumstances, and local employment opportunities. "(b) Appropriate workers' compensation and tort claims protection must be provided to participants on the same basis as they are provided to other individuals in the State in similar employment (as determined under regulations of the Secretary). "(c) No work assignment under the program shall result in— "(1) the displacement of any currently employed worker or position (including partial displacement such as a reduction in the hours of nonovertime work, wages, or employment benefits), or result in the impairment of existing contracts for services or collective bargaining agreements; "(2) the employment or assignment of a participant or the filling of a position when (A) any other individual is on layoff from the same or any equivalent position, or (B) the employer has terminated the employment of any regular employee or otherwise reduced its workforce with the effect of filling the