OCR Nondiscrimination Laws, Regulations, and Standards

OCR enforces HHS nondiscrimination regulations that apply to programs, services, and activities receiving Federal financial assistance from HHS.

Note that the links in this section go to the Electronic Code of Federal Regulations, a currently updated version of the Code of Federal Regulations (CFR). It is not an official legal edition of the CFR.  To learn more about the Electronic Code of Federal Regulations>>

Regulations Enforced by OCR:

• Title VI of the Civil Rights Act of 1964, as amended, (42 U.S.C. 2000d et. seq.) prohibits discrimination on the basis of race, color, or national origin.  The HHS regulation is 45 C.F.R. Part 80. 
• Section 504 of the Rehabilitation act of 1973, as amended, (29 U.S.C. 794) prohibits discrimination against otherwise qualified individuals on the basis of disability.  The HHS regulation that covers programs and activities funded by HHS is 45 C.F.R. Part 84.  The regulation that covers programs and activities conducted by HHS is 45 C.F.R. Part 85.
• The Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 et. seq.), prohibits discrimination on the basis of age.  The HHS regulation is 45 C.F.R. Part 91. 
• Titles VI and XVI of the Public Health Service Act (42 U.S.C. 291 et. seq., and 42 U.S.C. 300s et. seq.) require health facilities that received certain Federal funds (“Hill-Burton” funds) to provide certain services to members of its designated community.  The HHS regulation is 42 C.F.R. Part 124, Subpart G.
• Section 542 of the Public Health Service Act, as amended, (42 U.S.C. 290dd-1) bars discrimination in admission or treatment against substance abusers suffering from medical conditions by Federally-assisted hospitals and outpatient facilities.  The HHS regulation is 45 C.F.R. Section 84.53. 
• Title IX of the Education Amendments of 1972, as amended, (20 U.S.C. 1681) prohibits discrimination on the basis of sex (gender) in Federally-Assisted Education Programs.  The HHS regulation is 45 C.F.R. Part 86.

OCR also enforces the following:

• Title II of the Americans with Disabilities Act (42 U.S.C. 12131 et. seq.).  OCR is the "designated agency" to investigate complaints of discrimination on the basis of disability by state and local government health and social service agencies.  The regulation is 28 C.F.R. Part 35.
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• Section 508 of the Rehabilitation Act of 1973, as amended, (29 U.S.C. Section 794) prohibits discrimination on the basis of disability in electronic information technology as they relate to programs and activities conducted by HHS.  See the Accessibility Board 508 Homepage for more information.   

OCR also enforces nondiscrimination provisions of other laws as they apply to programs and activities receiving Federal financial assistance from HHS.  The following link take you to Government Printing Office Access to the United States Code website.  Please note that those using the online version for legal research should verify their results against the printed version of the United States Code available through the Government Printing Office.

• Section 1808(c) of the Small Business Job Protection Act of 1996 prohibits covered agencies and entities from discriminating on the basis of race, color and national origin in child placement decisions in adoption and foster care.  The law is 42 U.S.C. 1996b.

• Sections 794 and 855 of the Public Health Service Act, 42 U.S.C. 295m and 296g, prohibits discrimination on the basis of sex (gender) in Federally-Assisted Health Training Programs.  The regulation is 45 C.F.R. Part 83.

• Section 508 of the Social Security Act prohibits discrimination on the basis of age, race, color, national origin, disability, sex (gender), or religion in the Maternal and Child Health Services Block Grant.  The relevant section of the law is 42 U.S.C. 708. 

• Section 533 of the Public Health Service Act prohibits discrimination on the basis of age, race, color, national origin, disability, sex (gender), or religion in Projects for Assistance in Transition from Homelessness.  The relevant section of the law is 42 U.S.C. 290cc-33.

• Section 1908 of the Public Health Service Act prohibits discrimination on the basis of age, race, color, national origin, disability, sex (gender), or religion in programs, services, and activities funded by Preventative Health and Health Services Block Grants.  The relevant section of the law is 42 U.S.C. 300w-7.

• Section 1947 of the Public Health Service Act prohibits discrimination on the basis of age, race, color, national origin, disability, sex (gender), or religion in programs and activities funded by Community Mental Health Services Block Grant and Substance Abuse Prevention and Treatment Block Grants.  The relevant section of the law is 42 U.S.C. (Subpart III) 300x-57.   

• The Family Violence Prevention and Services Act prohibits discrimination on the basis of age, race, color, national origin, disability, sex (gender), or religion in programs and activities funded under this Act.  The relevant section of the law is 42 U.S.C. 10406. 

• The Low-Income Home Energy Assistance act of 1981 prohibits discrimination on the basis of race, color, national origin, or sex (gender) in programs and activities funded under this Act.  The relevant section of the law is 42 U.S.C. 8625.

• The Community Services Block Grant Act prohibits discrimination on the basis of race, color, national origin, or sex (gender) in programs and activities funded under this Act. The relevant section of the law is 42 U.S.C. 9918.

• The Communications Act of 1934, as amended, has Equal employment Opportunity provisions that prohibit employment discrimination on the basis of race, color, religion, national origin, or sex (gender) by Federally-funded public telecommunication entities.  The relevant section of the law is 47 U.S.C. 398.