Nondisplacement in work activities
(1) In general
(1)In general#
Subject to paragraph (2), an adult in a family receiving assistance under a State program funded under this part attributable to funds provided by the Federal Government may fill a vacant employment position in order to engage in a work activity described in subsection (d).
(2)No filling of certain vacancies#
No adult in a work activity described in subsection (d) which is funded, in whole or in part, by funds provided by the Federal Government shall be employed or assigned—
(A) when any other individual is on layoff from the same or any substantially equivalent job; or
(B) if the employer has terminated the employment of any regular employee or otherwise caused an involuntary reduction of its workforce in order to fill the vacancy so created with an adult described in paragraph (1).
(2)(A)#
when any other individual is on layoff from the same or any substantially equivalent job; or
(2)(B)#
if the employer has terminated the employment of any regular employee or otherwise caused an involuntary reduction of its workforce in order to fill the vacancy so created with an adult described in paragraph (1).
(3)Grievance procedure#
A State with a program funded under this part shall establish and maintain a grievance procedure for resolving complaints of alleged violations of paragraph (2).
(4)No preemption#
Nothing in this subsection shall preempt or supersede any provision of State or local law that provides greater protection for employees from displacement.