Sec. 07.01.03.04. Discrimination Prohibited

A. Delivery of Services.

(1) In the delivery of services, the Department or local departments may not,on the grounds of religious or political opinion or affiliation, race, color, national origin, sex, physical or mental disability, or age:

(a) Deny any aid, care, service, or other benefits provided under any program;

(b) Subject any individual to segregation or separate treatment related to the receipt of any aid, care, service, or other benefit provided under any program;

(c) Treat an individual differently from others in determining whether the individual satisfies requirements which all individuals must meet in order to receive any aid, care, service, or benefit under the program; or

(d) Fail or refuse to refer for employment or training except in employment when this distinction represents a bona fide qualification for employment or training.

(2) The Department and the local department of social services may distinguish when distinction on the basis of:

(a) Sex or age is otherwise permitted or required by statute;

(b) Religion is necessary to protect the religious heritage of a minor; or

(c) Disability is necessary to provide disabled individuals with aid, care, service, or benefits that are as effective as those provided to others.

B. Employment Practices. The Department or local departments may not discriminate in employment practices on the grounds of political or religious affiliation or opinion, marital status, race, color, national origin, sex, physical or mental disability, or age.

C. Boards and Private Vendors. Local social services boards and private purchase of service vendors may not deny a qualified individual the opportunity to participate as a member of a planning or advisory body that is an integral part of the program. Advisory boards or committees shall be representative of the population of the geographical area served.

D. Performance of Service. In performing service to the public, the Department or local departments and individual employees may not:

(1) Discriminate on the basis of religious or political opinion or affiliation, marital status, race, color, national origin, sex, physical or mental disability, or age;

(2) Authorize the use of state facilities in furtherance of discriminatory practices or use by any group or organization which discriminates in its membership or other policies on the basis of these factors.

E. Employment Referral and Placement Services. Any employee of the Department or local department engaged in employment referral and placement service for private industry or public agencies shall:

(1) Fill all job orders on a nondiscriminatory basis;

(2) Decline any job order carrying a specification or limitation as to political or religious opinion or affiliation, marital status, race, color, national origin, sex, physical or mental disability, or age unless it relates to a bona fide job requirement.

F. Vocational Guidance and Training Programs. The Department or local department, in funding or supervising any educational vocational guidance counseling programs and all apprentice and on-the-job training programs, shall conduct these programs to encourage the fullest development of interest and aptitude without regard to political or religious opinion or affiliation, marital status, race, color, national origin, sex, physical or mental disability, or age unless it relates to a bona fide job requirement which shall require justification and approval.

G. Facility Site and Location. In determining the site or location of a facility, the Department or local departments may not make selections directly or through contractual or other arrangements that have the effect on anyone of excluding or discriminating on the basis of race, color, national origin, sex, physical or mental disability, or age. The Department or local departments shall make all programs accessible to the disabled.