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Return to HHS Home PageII. Who Is Covered by Federal Nondiscrimination Laws?
Welfare providers that administer TANF, WtW, food stamp, and other programs and activities that receive Federal money or other forms of Federal assistance are subject to several nondiscrimination statutes, including Title VI, Title IX (in education programs), Section 504, and the Age Discrimination Act.2 In addition, all public agencies are subject to the requirements of Title II of the ADA.
Employers are subject to the same Federal laws that prohibit discrimination when they employ welfare participants as when they employ other individuals. All public employers are subject to Title VII and the ADA. Businesses with 15 or more employees, and employment agencies are subject to Title VII and the ADA whether or not they receive Federal financial assistance. Entities that employ four or more employees are covered by IRCA’s antidiscrimination provision. All public agencies, businesses with 20 or more employees, and employment agencies are subject to the ADEA. Most employers and public agencies are subject to the EPA.
As discussed above, the nondiscrimination statutes prohibit discrimination on the basis of race, color, national origin, age, and disability in programs or activities that receive or benefit from Federal financial assistance, and prohibit discrimination on the basis of sex in education and training programs that receive Federal financial assistance. Discrimination on the basis of disability is prohibited in all programs, services or activities of public entities. ADA coverage does not depend on the receipt of Federal funds. The employment discrimination statutes prohibit discrimination on the basis of race, color, religion, national origin, citizenship status, unfair documentary practices regarding employment verification, sex, age, and disability in private and public sector employment. Depending on the circumstances, welfare providers may be subject to coverage under both the nondiscrimination statutes and the employment discrimination statutes.
Examples of who these laws apply to are:
Although not all welfare providers receive Federal assistance, all businesses or public agencies that hire welfare participants or refer participants for employment are subject to the employment discrimination statutes if they have the requisite number of employees. Of course, if they receive Federal assistance, they are also covered by the nondiscrimination statutes.
Examples:
2 For ease of reading, all references in this section to "nondiscrimination statutes" should be understood to include Title VI, the ADA, Section 504, the Age Discrimination Act and, when concerning education programs, Title IX. In addition, all references to "employment discrimination statutes" should be understood to include Title VII, the ADEA, the ADA, Section 504, IRCA’s antidiscrimination provision, and the EPA.
Date of last revision: March 3, 2006