45 CFR 88.5 – Notice of rights under Federal conscience and anti-discrimination laws
(a) In general. In investigating a complaint or conducting a compliance review, OCR will consider an entity’s voluntary posting of a notice of nondiscrimination as non-dispositive evidence of compliance with the applicable substantive provisions of this part, to the extent such notices are provided according to the provisions of this section and are relevant to the particular investigation or compliance review.
Terms Used In 45 CFR 88.5
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(b) Placement of the notice text. In evaluating the Department’s or a recipient’s compliance with this part, OCR will take into account whether, as applicable and appropriate, the Department or recipient has provided the notice under this section:
(1) On the Department or recipient’s website(s);
(2) In a prominent and conspicuous physical location in Department or recipient establishments where notices to the public and notices to its workforce are customarily posted to permit ready observation;
(3) In a personnel manual or other substantially similar document for members of the Department or recipient’s workforce;
(4) In applications to the Department or recipient for inclusion in the workforce or for participation in a service, benefit, or other program, including for training or study; and
(5) In any student handbook or other substantially similar document for students participating in a program of training or study, including for post-graduate interns, residents, and fellows.
(6) Such that the text of the notice is large and conspicuous enough to be read easily and is presented in a format, location, or manner that impedes or prevents the notice being altered, defaced, removed, or covered by other material.
(c) Content of the notice text. The recipient and the Department should consider using the model text provided in appendix A for the notice, but may tailor its notice to address its particular circumstances and to more specifically address the laws that apply to it under this rule.
(d) Combined nondiscrimination notices. The Department and each recipient may post the notice text provided in appendix A of this part, or a notice it drafts itself, along with the content of other notices (such as other non-discrimination notices).