No otherwise qualified individual with a disability in the United States, as defined in section
705(20) of this title, shall, solely by reason of her or his 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 Developmental Disabilities Act of 1978. Copies of any proposed regulation 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 on 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
7801 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 (1), (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) of this section to make significant structural alterations to their existing facilities for the purpose of assuring program accessibility, if alternative means of providing the services are 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,[1] of the Americans with Disabilities Act of 1990 (42 U.S.C. 12201–12204 and 12210), as such sections relate to employment.
No otherwise qualified individual with a disability in the United States, as defined in section
705(20) of this title, shall, solely by reason of her or his 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 Developmental Disabilities Act of 1978. Copies of any proposed regulation 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 on 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
7801 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 (1), (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) of this section to make significant structural alterations to their existing facilities for the purpose of assuring program accessibility, if alternative means of providing the services are 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,[1] of the Americans with Disabilities Act of 1990 (42 U.S.C. 12201–12204 and 12210), as such sections relate to employment.
The amendments to this section made by the Rehabilitation, Comprehensive Services, and Developmental Disabilities Act of 1978, referred to in subsec. (a), mean the amendments made by Pub. L. 95–602. See 1978 Amendments note below.
The Americans with Disabilities Act of 1990, referred to in subsec. (d), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327. Title I of the Act is classified generally to subchapter I (§ 12111 et seq.) of chapter
126 of Title
42, The Public Health and Welfare. Section 510 of the Act was renumbered section
511 by Pub. L. 110–325, § 6(a)(2),Sept. 25, 2008, 122 Stat. 3558. For complete classification of this Act to the Code, see Short Title note set out under section
12101 of Title
42 and Tables.
Amendments
2002—Subsec. (b)(2)(B). Pub. L. 107–110substituted “section
7801 of title
20” for “section
8801 of title
20”.
1986—Pub. L. 99–506substituted “individual with handicaps” for “handicapped individual” and “section
706(8) of this title” for “section
706(7) of this title”.
1978—Pub. L. 95–602substituted “section
706(7) of this title” for “section
706(6) of this title” and inserted provision prohibiting discrimination under any program or activity conducted by any Executive agency or by the United States Postal Service and requiring the heads of these agencies to promulgate regulations prohibiting discrimination.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107–110effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive programs, see section 5 ofPub. L. 107–110, set out as an Effective Date note under section
6301 of Title
20, Education.
Exclusion From Coverage
Amendment by Pub. L. 100–259not to be construed to extend application of this chapter to ultimate beneficiaries of Federal financial assistance excluded from coverage before Mar. 22, 1988, see section 7 ofPub. L. 100–259, set out as a Construction note under section
1687 of Title
20, Education.
Abortion Neutrality
Amendment by Pub. L. 100–259not to be construed to force or require any individual or hospital or any other institution, program, or activity receiving Federal funds to perform or pay for an abortion, see section 8 ofPub. L. 100–259, set out as a note under section
1688 of Title
20, Education.
Construction of Prohibition Against Discrimination Under Federal Grants
Rights or protections of this section not affected by any provision of Pub. L. 98–457, see section 127 ofPub. L. 98–457, set out as a note under section
5101 of Title
42, The Public Health and Welfare.
Coordination of Implementation and Enforcement of Provisions
For provisions relating to the coordination of implementation and enforcement of the provisions of this section by the Attorney General, see section 1–201 of Ex. Ord. No. 12250, Nov. 2, 1980, 45 F.R. 72995, set out as a note under section
2000d–1 of Title
42, The Public Health and Welfare.
Executive Order No. 11914
Ex. Ord. No. 11914, Apr. 28, 1976, 41 F.R. 17871, which related to nondiscrimination in federally assisted programs, was revoked by Ex. Ord. No. 12250, Nov. 2, 1980, 45 F.R. 72995, set out as a note under section
2000d–1 of Title
42, The Public Health and Welfare.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
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29 USC
Description of Change
Session Year
Public Law
Statutes at Large
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