The Catholic University of America

Director of Career Services

Federal Laws

The Family Educational Rights and Privacy Act of 1974 (FERPA)

Summary of the Law
Regulates the keeping and dissemination of student records at all institutions that receive federal funds or who have students receiving federal funds. Procedures must be in place to allow a student access to student records. Consent must be obtained to release student records to a third party, with certain exceptions contained in the law.

Required Actions: Protect access to student education records. Require waivers prior to dissemination of records to employers, etc.

The Americans with Disabilities Act of 1990 & The Rehabilitation Act of 1973 (Section 504)

Summary of the Laws

Title III of the ADA prohibits discrimination on the basis of disability in access to private colleges and universities and contains many of the same provisions as the Rehabilitation Act of 1973 (Section 504). Requires reasonable accommodations (e.g., a modification or adjustment to the status quo inherent in the program or activity) to allow a qualified person with a disability to participate fully in the programs and activities of the university. Participation must be in the most integrated setting possible. The Rehabilitation Act prohibits discrimination on the basis of disability at any federally-funded institution. This covers admissions, recruitment, programs and services.

Required Actions
Ensure that employers recruiting on campus are compliant with non-discrimination laws.

Title IX of the Education Amendments of 1972

Summary of the Law
Prohibits gender discrimination in any educational program or activity that receives federal funds.

Federal Work-Study Program

Summary of the Law
Contains the requirements universities must follow when participating in the federal grants for work-study programs. The law and regulations for the federal work-study program contain prohibitions on using the funds for "sectarian" or religious purposes. Federal law requires the institution of higher education receiving the federal work-study funds to sign an agreement that the funds will not be used for the "construction, operation, or maintenance of so much of any facility as is used or is to be used for sectarian instruction or as a place of religious worship." See 42 U.S.C. § 2753(b)(1)(C). Further guidance on this subject can be found at 34 C.F.R. § 675.22 that states that the work performed by the student receiving work-study money must be in the public interest. Work is not in the public interest if it "primarily benefits the members of a limited membership organization such as a credit union, a fraternal or religious order, or a cooperative." See 34 C.F.R. § 675.22(b)(1). The regulations also prohibit the use of federal work-study funds in any partisan or nonpartisan political activity, or lobbying at the federal, state or local level.

Required Actions
The Career Services Office is responsible for training for supervisors on use of work study funds in accord with the law.

The Solomon Amendment

10 U.S.C. 983 ; 32 CFR 216.1 et seq.

The Solomon Amendment was consolidated and codified at 10 U.S.C. § 983 pursuant to Pub. L. No. 106-65, 113 Stat. 512 (1999), § 549 (Recodification and consolidation of statutes denying Federal grants and contracts by certain departments and agencies to institutions of higher education that prohibit Senior ROTC units or military recruiting on campus).

The Solomon Amendment, except as noted on the above linked page, allows federal funding for an educational institution to be cut if that institution has a policy or practice that prohibits military recruiting on campus, or prohibits access to student directory information for the same purpose, or maintains an anti-ROTC policy.

The Director of Career Services is responsible for ensuring equal access to the military at Career Fairs, interviews and other professional development activities.

D.C. Law

D.C. Human Rights Act
Summary of the Law
The D.C. Human Rights Act aims to provide every individual with an equal opportunity to participate in "all aspects of life," including, but not limited to, employment. District of Columbia law prohibits employment discrimination based wholly or partially on marital status, personal appearance, sexual orientation, family responsibility, matriculation, and political affiliation, in addition to race, color, religion, sex, age, national origin, and physical handicap. The Director of Career Services needs to be aware of the provisions of this law as he interacts with DC employers.

Related Policies

Equal Opportunity Policy

Student Records Policy

Eligibility for Career Services

links checked and updated 07/28/10 TOL