As used in this part, the term:
The Act means the Rehabilitation Act of 1973, Public Law 93-112, as
amended by the Rehabilitation Act Amendments of 1974, Public Law 93-516,
and by the Rehabilitation, Comprehensive Services, and Developmental
Disabilities Amendments of 1978, Public Law 95-602.
Assistant Secretary means the Assistant Secretary for Employment and
Training Administration or his or her designee.
Applicant for assistance means one who submits an application,
request, or plan required to be approved by a Department official or by
a recipient as a condition to becoming a recipient.
Department means the Department of Labor.
Facility means all or any portion of the buildings, structures,
equipment, roads, walks, parking lots or other real or personal property
or interest in such property which are utilized in the execution of the
program for which Federal financial assistance is received.
Federal financial assistance means any grant, loan, contract (other
than a procurement contract or a contract of insurance or guarantee), or
any other arrangement by which the Department provides or otherwise
makes available assistance in the form of:
(a) Funds;
(b) Services of Federal personnel; or
(c) Real and personal property or any interest in or use of such
property, including:
(1) Transfers or leases of such property for less than fair market
value or for reduced consideration; and
(2) Proceeds from a subsequent transfer or lease of such property if
the Federal share of its fair market value is not returned to the
Federal Government.
Government means the Government of the United States of America.
Handicap means any condition or characteristic that renders a person
a handicapped individual as defined in this section.
Handicapped individual
(a) Handicapped individual means any person who--
(1) Has a physical or mental impairment which substantially limits
one or more major life activities;
(2) Has a record of such an impairment; or
(3) Is regarded as having such an impairment.
(b) As used in the proceeding paragraph of this section, the phrase:
(1) Physical or mental impairment means--
(i) Any physiological disorder or condition, cosmetic disfigurement,
or anatomical loss affecting one or more of the following body systems:
neurological; musculoskeletal; special sense organs; respiratory,
including speech organs; cardiovascular; reproductive; digestive;
genito-urinary; hemic and lymphatic; skin; and endocrine;
(ii) Any mental or psychological disorder, such as mental
retardation, organic brain syndrome, emotional or mental illness, and
specific learning disabilities.
(iii) The term physical or mental impairment includes but is not
limited to such diseases and conditions as orthopedic, visual, speech
and hearing impairments, cerebral palsy, epilepsy, muscular distrophy,
multiple sclerosis, cancer, heart disease, diabetes, mental retardation,
emotional illness, and drug addiction and alcoholism.
(2) Substantially limits means the degree that the impairment
affects an individual becoming a beneficiary of a program or activity
receiving Federal financial assistance or affects an individual's
employability. A handicapped individual who is likely to experience
difficulty in securing or retaining benefits or in securing, or
retaining, or advancing in employment would be considered substantially
limited.
(3) Major life activities means functions such as caring for one's
self, performing manual tasks, walking, seeing, hearing, speaking,
breathing, learning, working, and receiving education or vocational
training.
(4) Has a record of such an impairment means that the individual has
a history of, or has been misclassified as having, a mental or physical
impairment that substantially limits one or more life activity.
(5) Is regarded as having such an impairment means that the
individual--
(i) Has a physical or mental impairment that does not substantially
limit major life activities but that is treated by a recipient as
constituting such a limitation;
(ii) Has a physical or mental impairment that substantially limits
major life activities only as a result of the attitudes of others toward
such impairment; or
(iii) Has none of the impairments defined in paragraph (b)(1) of
this section but is treated by a recipient as having such an impairment.
Qualified handicapped individual means:
(a) With respect to employment, an individual with a handicap who is
capable of performing the essential functions of the job or jobs for
which he or she is being considered with reasonable accommodation to his
or her handicap;
(b) With respect to services, a handicapped individual who meets
eligibility requirements relevant to the receipt of services provided in
the program;
(c) With respect to employment and to employment related training
programs, a handicapped individual who meets both the eligibility
requirements for participation in the program and valid job or training
qualifications with reasonable accommodation.
Reasonable accommodation means the changes and modifications which
can be made in the structure of a job or employment and training
program, or in the manner in which a job is performed or an employment
and training program is conducted, unless it would
impose an undue hardship on the operation of the recipient's program.
Reasonable accommodation may include:
(a) Making the facilities used by the employees or participants in
the area where the program is conducted, including common areas used by
all employees or participants such as hallways, restrooms, cafeterias
and lounges, readily accessible to and usable by handicapped persons,
and
(b) Job restructuring, part-time or modified work schedules,
acquisition or modification of equipment or devices, the provision of
readers or interpreters, and other similar actions.
Recipient means any state or its political subdivisions, any
instrumentality of a State or its political subdivisions, any public or
private agency, institution, organization, or other entity, or any
person to which Federal financial assistance is extended directly or
through another recipient, including any successor, assignee, or
transferee of a recipient, but excluding the ultimate beneficiary of the
assistance.
Secretary means the Secretary of Labor, U.S. Department of Labor, or
his or her designee.
Section 504 means section 504 of the Act.
Small recipient means a recipient who serves fewer than 15
beneficiaries, and employs fewer than 15 employees at all times during a
grant year.
United States means the several states, the District of Columbia,
the Virgin Islands, the Commonwealth of Puerto Rico, Guam, American
Samoa and the Trust Territory of the Pacific Islands.
[45 FR 66709, Oct. 7, 1980, as amended at 61 FR 19985, May 3, 1996]
