Laws, Regulations, and Guidance

OCR enforces the following laws and regulations that prohibit discrimination on the basis of disability.

Please note that the links in this section directs the user 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. For more information>>

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.
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.

Section 508 of the Rehabilitation Act of 1973, as amended, (29 U.S.C. Section 794d) requires access to electronic and information technology provided by the Federal Government. See the U.S. Access Board website for more information.
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.

OCR also enforces nondiscrimination provisions of other laws as they apply to programs and activities receiving Federal financial assistance from HHS. The following links take you to Government Printing Office Access to the United States Code sites. 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.

Sections 794 and 855 of the Public Health Service Act, 42 U.S.C. 295m and 296g, prohibit discrimination on the basis of sex 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 sex 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 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, disability, age, or sex 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, disability, age, sex in programs and activities funded under this Act. The relevant section of the law is 42 U.S.C. 9918.