(a) General. (1) No qualified handicapped individual shall, on the
basis of handicap, be subjected to discrimination in employment under
any program or activity to which this part applies. This subpart is
applicable to employees and applicants for employment with all
recipients and to participants in employment and training programs
financed in whole or in part by Federal financial assistance.
(2) A recipient shall make all decisions concerning employment or
training under any program or activity to which this subpart applies in
a manner which ensures that discrimination on the basis of handicap does
not occur and may not limit, segregate, or classify applicants or
employees or participants in any way that adversely affects their
opportunities or status because of handicap.
(3) A recipient may not participate in a contractual or other
relationship that has the effect of subjecting qualified handicapped
applicants, employees or participants to discrimination prohibited by
this subpart. The relationships referred to in this subparagraph include
relationships with employment and referral agencies, with labor unions,
with organizations providing or administering fringe benefits to
employees of the recipient, and with organizations providing training
and apprenticeship programs.
(b) Specific activities. The provisions of this subpart apply to:
(1) Recruitment advertising, and the processing of applicants for
employment;
(2) Hiring, upgrading, promotion, award of tenure, demotion,
transfer, layoff, termination, right of return from layoff and rehiring;
(3) Rates of pay or any other form of compensation and changes in
compensation;
(4) Job assignments, job classifications, organizational structures,
position descriptions, lines of progression, and seniority lists;
(5) Leaves of absence, sick leave, or any other leave;
(6) Fringe benefits available by virture of employment, whether or
not administered by the recipient;
(7) Selection and financial support for training, including
apprenticeship, professional meetings, conferences, and other related
activities, and selection for leaves of absence to pursue training;
(8) Employer-sponsored activities, including social or recreational
programs; and
(9) Any other term, condition, or privilege of employment.
(c) Collective bargaining agreements. Whenever a recipient's
obligation to comply with this subpart and to correct discriminatory
practices impacts on and/or necessitates changes in a term of a
collective bargaining agreement(s) to which the recipient is a party,
the recipient shall attempt to achieve compliance consistent with the
provisions of Sec. 32.17(a). However a recipient's obligation to comply
with this subpart is not relieved by a term of any such collective
bargaining agreement(s).
(d) Compensation. In offering employment or promotions to
handicapped individuals, the recipient shall not reduce the amount of
compensation offered because of any disability income, pension or other
benefit the applicant or employee receives from other source.
