(a) The Department shall take appropriate steps to ensure effective
communication with applicants, participants, personnel of other Federal
entities, and members of the public.
(1) The Department shall furnish appropriate auxiliary aids where
necessary to afford an individual with handicaps an equal opportunity to
participate in, and enjoy the benefits of, a program or activity
conducted by the Department.
(i) In determining what type of auxiliary aid is necessary, the
Department shall give primary consideration to the requests of the
individual with handicaps.
(ii) The Department need not provide individually prescribed
devices, readers for personal use or study, or other devices of a
personal nature.
(2) Where the Department communicates with applicants and
beneficiaries by telephone, telecommunications devices for deaf persons
(TDDs), or equally effective telecommunications systems shall be used.
(b) The Department shall ensure that interested persons, including
persons with impaired vision or hearing, can obtain information as to
the existence and location of accessible services, activities, and
facilities.
(c) The Department shall provide signage at a primary entrance to
each of its accessible facilities, directing users to a location at
which they can obtain information about accessible facilities. The
international symbol for accessibility shall be used at each primary
entrance of an accessible facility.
(d) The Department shall take appropriate steps to provide
individuals with handicaps with information regarding their section 504
rights under the Department's programs or activities. If the Department
uses recruitment materials, informational publications, or other
materials which it distributes or makes available to participants,
beneficiaries, referral sources, applicants, employees, or the public,
it shall include in those materials or publications a statement of the
policy described in Sec. 33.6 of this part and information as to
complaint procedures. The requirements of this paragraph may be met
either by including applicable inserts in existing materials and
publications or by revising and reprinting such materials, as
appropriate.
(e) This section does not require the Department to take any action
that it can demonstrate would result in a fundamental alteration in the
nature of a program or activity or in undue financial and administrative
burdens.
(1) If a Department official believes that the proposed action would
fundamentally alter the program or activity or would result in undue
financial and administrative burdens, the official shall prepare a
report for the Secretary of Labor which objectively considers and
evaluates these issues based on the nature of the program and all
departmental resources available for use in the funding and operation of
the conducted program or activity. In preparing the report, the
Department official shall make reasonable efforts to ensure that the
person(s) requesting accommodation in the particular program or activity
has an opportunity to provide any relevant information. The report shall
specifically address any such information. Upon completion, the report
and all information before the program official shall be transmitted to
the Secretary for a decision to be made in accordance with paragraph
(e)(2) of this section.
(2) The Secretary shall decide, after considering the material
submitted by the program official and all departmental resources
available for use in the funding and operation of the conducted program
or activity, whether the proposed action would fundamentally alter the
program or result in undue financial and administrative burdens. A
decision that compliance would result in such alteration or burdens must
be accompanied by a written statement of the reasons for reaching that
conclusion and shall be transmitted to the person(s) requesting
accommodation. This decision represents the final administrative action
of the Department.
(3) The Department has the burden of proving that compliance with
paragraphs (a) through (d) of this section, as applicable, would result
in such alteration or undue burdens.
(f) If an action required to comply with this section would result
in such an alteration or such burdens, the Department shall take any
other action that would not result in such an alteration or such a
burden but would nevertheless ensure that, to the maximum extent
possible, individuals with handicaps receive the benefits and services
of the program or activity.
[52 FR 11606, Apr. 9, 1987; 52 FR 24367, June 30, 1987]
