For purposes of this part, the term--
Assistant Attorney General means the Assistant Attorney General,
Civil Rights Division, United States Department of Justice.
Assistant Secretary for Administration and Management (ASAM) means
the Assistant Secretary for Administration and Management in the
Department of Labor.
Auxiliary aids means services or devices that enable persons with
impaired sensory, manual, or speaking skills to have an equal
opportunity to participate in, and enjoy the benefits of, programs or
activities conducted by the Department of Labor. For example, auxiliary
aids useful for persons with impaired vision include readers, brailled
materials, audio recordings, and other similar services and devices.
Auxiliary aids useful for persons with impaired hearing include
telephone handset amplifiers, telephones compatible with hearing aids,
telecommunications devices for deaf persons (TDD's), interpreters,
notetakers, written materials, and other similar services and devices.
Persons with manual impairments may need other specially adapted
equipment.
Complete complaint means a written statement that contains the
complainant's name and address and describes the actions in sufficient
detail to inform the Department of the nature and date of the alleged
violation of section 504. It shall be signed by the complainant or by
someone authorized to do so on his or her behalf. Complaints filed on
behalf of classes or third parties shall describe or identify (by name,
if possible) the alleged victims of discrimination.
Department means the Department of Labor.
Director means the Director, Directorate of Civil Rights (DCR),
Office of the Assistant Secretary for Administration and Management,
U.S. Department of Labor, or his or her designee.
Facility means all or any portion of buildings, structures,
equipment, roads, walks, parking lots, rolling stock or other
conveyances, or other real or personal property.
Individual with handicaps means any person who has a physical or
mental impairment that substantially limits one or more major life
activities, has a record of such an impairment, or is regarded as having
such an impairment. As used in this definition, the phrase:
(a) Physical or mental impairment includes--
(1) 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; genitourinary; hemic
and lymphatic; skin; and endocrine; or
(2) Any mental or psychological disorder, such as mental
retardation, organic brain syndrome, emotional or mental illness, and
specific learning disabilities. 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 dystrophy, multiple sclerosis, cancer, heart disease,
diabetes, mental retardation, emotional illness, and drug addiction and
alcoholism.
(b) Major life activities includes functions such as caring for
one's self, performing manual tasks, walking, seeing, hearing, speaking,
breathing, learning, and working.
(c) 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 major life activities.
(d) Is regarded as having an impairment means--
(1) Has a physical or mental impairment that does not substantially
limit major life activities but is treated by the Department as
constituting such a limitation;
(2) Has a physical or mental impairment that substantially limits
major life activities only as a result or the attitudes or others toward
such impairment; or
(3) Has none of the impairments defined in paragraph (a) of this
definition but is treated by the Department as having such an
impairment.
Qualified individuals with handicaps means--
(a) With respect to any program or activity of the Department under
which a person is required to perform services or to achieve a level of
accomplishment, an individual with handicaps who meets the essential
eligibility requirements and who can achieve the purpose of the program
or activity without modifications in the program or activity that the
Department can demonstrate would result in a fundamental alteration in
its nature;
(b) With respect to any other Department program or activity, an
individual with handicaps who meets the essential eligibility
requirements for participation in, or receipt of benefits from, that
program or activity, and
(c) For purposes of employment, a Qualified handicapped person as
that term is defined in 29 CFR 1613.702(f) which is made applicable to
this part by Sec. 33.7.
Section 504 means section 504 of the Rehabilitation Act of 1973
(Pub. L. 93-112, 87 Stat. 394 (29 U.S.C. 794)), as amended by the
Rehabilitation Act Amendments of 1974 (Pub. L. 93-516, 88 Stat. 1617),
the Rehabilitation, Comprehensive Services, and Developmental
Disabilities Act of 1978 (Pub. L. 95-602, 92 Stat. 2955), and the
Rehabilitation Act Amendments of 1986 (Pub. L. 99-506, 100 Stat. 1810).
[52 FR 11606, Apr. 9, 1987, as amended at 52 FR 23967, June 26, 1987]
