---
kind: "section"
citation: "10 C.F.R. § 1040.12"
title: "10"
number: "1040.12"
heading: "Definitions."
url: "https://uscodex.org/cfr/10/1040.12"
---

# §1040.12. Definitions.

- (a) Covered employment means employment practices covered by title VI, [section 16](/cfr/10/16.md) and [section 401](/cfr/10/401.md).
  - (1) **Under title VI, such practices are those which—**
    - (i) Exist in a program where a primary objective of the Federal financial assistance is to provide employment; or
    - (ii) Cause discrimination on the basis of race, color, or national origin with respect to beneficiaries or potential beneficiaries of the assisted program.
  - (2) Under [section 16](/cfr/10/16.md) and [section 401](/cfr/10/401.md), such practices include, but are not limited to, employment practices covered by title VI when alleging discrimination on the basis of sex. All employment practices of a recipient or subrecipient of Federal financial assistance subject to [section 16](/cfr/10/16.md) and [section 401](/cfr/10/401.md) are covered employment practices.
- (b) **Title VI—** refers to title VI of the Civil Rights Act of 1964, [42 U.S.C. 2000d](/usc/42/2000d.md) et seq. which prohibits discrimination on the ground of race, color or national origin in programs or activities receiving Federal financial assistance. The definitions set forth in [§ 1040.3](/cfr/10/1040.3.md) of [subpart A](/cfr/10/subpartA.md) to the extent not inconsistent with this subpart, are applicable to and incorporated into this subpart.

## Notes

### Amendments

[45 FR 40515, June 13, 1980, as amended at 68 FR 51347, Aug. 26, 2003]

### Authority

Authority: 20 U.S.C. 1681-1686; 29 U.S.C. 794; 42 U.S.C. 2000d to 2000d-7, 3601-3631, 5891, 6101-6107, 7101 et seq.

### Source

Source: 45 FR 40515, June 13, 1980, unless otherwise noted.

### Amendments

[45 FR 40515, June 13, 1980, as amended at 68 FR 51347, Aug. 26, 2003]