(a) An adult or minor head-of-household taking part in a work activity outlined in § 286.100 cannot fill a vacant employment position if:
- (1) Any other individual is on layoff from the same or any substantially equivalent job; or
- (2) The employer has terminated the employment of any regular employee or otherwise caused an involuntary reduction in its work force in order to fill the vacancy with the TANF participant.
- (b) A Tribe must establish and maintain a grievance procedure to resolve complaints of alleged violations of this displacement rule.
- (c) This regulation does not preempt or supersede Tribal laws providing greater protection for employees from displacement.