Page:United States Statutes at Large Volume 111 Part 1.djvu/612

 Ill STAT. 588 PUBLIC LAW 105-33—AUG. 5, 1997 "(HI) OTHER PROHIBITIONS. —An adult participant in a work activity engaged in under a program operated with funds provided under this paragraph shall not be employed or assigned— "(aa) when any other individual is on lay- off from the same or any substantially equivalent job; "(bb) if the employer has terminated the employment of any regular employee or otherwise caused an involuntary reduction in its workforce with the intention of filling the vacancy so created with the participant; or "(cc) if the employer has caused an involuntary reduction to less than full time in hours of any employee in the same or a substantially equivalent job. "(ii) HEALTH AND SAFETY.—Health and safety standards established under Federal and State law otherwise applicable to working conditions of employ- ees shall be equally applicable to working conditions of other participants engaged in a work activity under a program operated with funds provided under this paragraph. " (iii) NONDISCRIMINATION. —In addition to the protections provided under the provisions of law specified in section 408(c), an individual may not be discriminated against by reason of gender with respect to participation in work activities engaged in under a program operated with funds provided under this paragraph. " (iv) GRIEVANCE PROCEDURE.— "(I) IN GENERAL.— Each State to which a grant is made under this paragraph shall establish and maintain a procedure for grievances or complaints from employees alleging violations of clause (i) and participants in work activities alleging violations of clause (i), (ii), or (iii). "(II) HEARING. —The procedure shall include an opportunity for a hearing. "(Ill) REMEDIES. —The procedure shall include remedies for violation of clause (i), (ii), or (iii), which may continue during the pendency of the procedure, and which may include— "(aa) suspension or termination of pay- ments from funds provided under this paragraph; "(bb) prohibition of placement of a participant with an employer that has violated clause (i), (ii), or (iii); "(cc) where applicable, reinstatement of an employee, payment of lost wages and benefits, and restablishment of other relevant terms, conditions and privileges of employ- ment; and "(dd) where appropriate, other equitable relief. "(IV) APPEALS.—

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