---
kind: "section"
citation: "29 C.F.R. § 38.90"
title: "29"
number: "38.90"
heading: "Corrective or remedial action that may be imposed when the Director finds a violation."
url: "https://uscodex.org/cfr/29/38.90"
---

# §38.90. Corrective or remedial action that may be imposed when the Director finds a violation.

- (a) A Letter of Findings, Notice to Show Cause, or Initial Determination, issued under [§ 38.62](/cfr/29/38.62.md) or [§ 38.64](/cfr/29/38.64.md), §§ [38.66](/cfr/29/38.66.md) and [38.67](/cfr/29/38.67.md), or [§ 38.87](/cfr/29/38.87.md), respectively, must include the specific steps the grant applicant or recipient, as applicable, must take within a stated period of time in order to achieve voluntary compliance.
- (b) Such steps may include:
  - (1) Actions to end and/or redress the violation of the nondiscrimination and equal opportunity provisions of WIOA or this part;
  - (2) Make-whole relief where discrimination has been identified, including, as appropriate, back pay (which must not accrue from a date more than 2 years before the filing of the complaint or the initiation of a compliance review), or other monetary relief; hire or reinstatement; retroactive seniority; promotion; benefits or other services discriminatorily denied; and
  - (3) Such other remedial or affirmative relief as the Director deems necessary, including but not limited to outreach, recruitment and training designed to ensure equal opportunity.
- (c) Monetary relief may not be paid from Federal funds.

## Notes

### Authority

Authority: 29 U.S.C. 3101 et seq. ; 42 U.S.C. 2000d et seq. ; 29 U.S.C. 794; 42 U.S.C. 6101 et seq. ; and 20 U.S.C. 1681 et seq.

### Source

Source: 81 FR 87211, Dec. 2, 2016, unless otherwise noted.