Section 794. Nondiscrimination under Federal grants and
programs; promulgation of rules and regulations
(a) Promulgation of rules and regulations
No otherwise qualified individual with a disability in the United
States, as defined in section 706 (20) of this title, shall, solely by reason
of his or her disability, be excluded from the participation in, be denied the
benefits of, or be subjected to discrimination under any program or activity
receiving Federal financial assistance or under any program or activity
conducted by any Executive agency or by the United States Postal Service. The
head of each such agency shall promulgate such regulations as may be necessary
to carry out the amendments to this section made by the Rehabilitation,
Comprehensive Services, and Development Disabilities Act of 1978. Copies of any
proposed regulations shall be submitted to appropriate authorizing committees
of the Congress, and such regulation may take effect no earlier than the
thirtieth day after the date of which such regulation is so submitted to such
committees.
(b) "Program or activity" defined
For the purposes of this section, the term "program or activity" means
all of the operations of --
(1)(A) a department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(B) the entity of such State or local government that distributes such
assistance and each such department or agency (and each other State or local
government entity) to which the assistance is extended, in the case of
assistance to a State or local government;
(2)(A) a college, university, or other postsecondary institution, or a
public system of higher education; or
(B) a local educational agency (as defined in section 8801 of Title
20), system of vocational education, or other school system;
(3)(A) an entire corporation, partnership, or other private
organization, or an entire sole proprietorship --
(i) if assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(ii) which is principally engaged in the business of providing
education, health care, housing, social services, or parks and recreation; or
(B) the entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case of any
other corporation, partnership, private organization, or sole proprietorship;
or
(4) any other entity which is established by two or more of the
entities described in paragraph (l), (2) or (3); any part of which is extended
Federal financial assistance.
(c) Significant structural alterations by small providers
Small providers are not required by subsection (a) to make significant
structural alterations to their existing facilities for the purpose of assuring
program accessibility, if alternative means of providing the services is
available. The terms used in this subsection shall be construed with reference
to the regulations existing on March 22, 1988.
(d) Standards used in determining violation of section
The standards used to determine whether this section has been violated
in a complaint alleging employment discrimination under this section shall be
the standards applied under title I of the Americans with Disabilities Act of
1990 (42 U.S.C. 12111 et seq.) and the provisions of sections 501 through 504,
and 510, of the Americans with Disabilities Act of 1990 (42 U.S.C. 12201-12204
and 12210), as such sections related to employment.
Section 794a. Remedies and attorney fees
(a)(1) The remedies, procedures, and rights set forth in section 717
of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16), including the application
of sections 706(f) through 706 (k) [42 U.S.C. 2000e-5(f) through k)] shall be
available, with respect to any complaint under section 791 of this title, to
any employee or applicant for employment aggrieved by the final disposition of
such complaint, or by the failure to take final action on such complaint. In
fashioning an equitable or affirmative action remedy under such section, a
court may take into account the reasonableness of the cost of any necessary
work place accommodation, and the availability of alternative therefor or other
appropriate relief in order to achieve an equitable and appropriate remedy.
(2) The remedies, procedures, and rights set forth in title VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000d et seq)shall be available to any
person aggrieved by any act or failure to act by any recipient of Federal
assistance or Federal provider of such assistant under section 794 of this
title.
(b) In any action or proceeding to enforce or charge a violation of a
provision of this subchapter, the court, in its discretion, may allow the
prevailing party, other than the United States, a reasonable attorney's fee as
part of the costs.