(a) No qualified individual with handicaps shall, on the basis of
handicap, be excluded from participation in, be denied the benefits of,
or otherwise be subjected to discrimination under any program or
activity conducted by the Department.
(b)(1) The Department, in providing any aid, benefit, or service,
may not, directly or through contractual, licensing, or other
arrangements, on the basis of handicap--
(i) Deny a qualified individual with handicaps the opportunity to
participate in or benefit from the aid, benefit, or service;
(ii) Deny a qualified individual with handicaps an opportunity to
participate in or benefit from the aid, benefit, or service that is not
equal to that afforded others;
(iii) Provide a qualified individual with handicaps with an aid,
benefit, or service that is not as effective in affording equal
opportunity to obtain the same result, to gain the same benefit, or to
reach the same level of achievement as that provided to others;
(iv) Provide different or separate aid, benefits, or services to
individuals with handicaps or to any class of individuals with handicaps
than is provided to others unless such action is necessary to provide
qualified individuals with handicaps with aids, benefits, or services
that are as effective as those provided to others;
(v) Deny a qualified individual with handicaps the opportunity to
participate as a member of planning or advisory boards; or
(vi) Otherwise limit a qualified individual with handicaps in the
enjoyment of any right, privilege, advantage, or opportunity enjoyed by
others receiving the aid, benefit, or service.
(2) The Department may not deny a qualified individual with
handicaps the opportunity to participate in programs or activities
despite the existence of permissibly separate or different programs or
activities.
(3) The Department may not, directly or through contractual or other
arrangements, utilize criteria or methods of administration the purpose
or effect of which would--
(i) Subject qualified individuals with handicaps to discrimination
on the basis of handicap; or
(ii) Defeat or substantially impair accomplishment of the objectives
of a program or activity with respect to individuals with handicaps .
(4) The Department may not, in determining the site or location of a
facility, make selections the purpose or effect of which would--
(i) Exclude individuals with handicaps from, deny them the benefits
of, or otherwise subject them to discrimination under any program or
activity conducted by the Department; or
(ii) Defeat or substantially impair the accomplishment of the
objectives of a program or activity with respect to individuals with
handicaps.
(5) The provisions of paragraph (b)(4) of this section do not apply
to sites or locations at which the Department owns or leases buildings
on the date the regulations in this part become effective.
(6) The Department, in the selection of procurement contractors, may
not use criteria that subject qualified individuals with handicaps to
discrimination on the basis of handicap.
(7) The Department may not administer a licensing or certification
program in a manner that subjects qualified individuals with handicaps
to discrimination on the basis of handicap, nor may the Department
establish requirements for the programs or activities of licensees or
certified entities that subject qualified individuals with handicaps to
discrimination on the basis of handicap. This part does not apply to the
programs or activities of non-departmental entities that are licensed or
certified by the Department of Labor.
(c) The exclusion of nonhandicapped persons from the benefits of a
program limited by Federal statute or Executive order to persons with
handicaps or the exclusion of a specific class of individuals with
handicaps from a program
limited by Federal statute or Executive order to a different class of
individuals with handicaps is not prohibited by this part.
(d) The Department shall administer programs and activities in the
most integrated setting appropriate to the needs of qualified
individuals with handicaps.
[52 FR 11606, Apr. 9, 1987; 52 FR 23967, June 26, 1987]
