§794 — Title 29 Labor | U.S. Code

Summary

People with disabilities who are otherwise qualified must not be left out, denied benefits, or treated unfairly because of their disability in any program that gets federal money or in programs run by federal agencies or the United States Postal Service. The head of each federal agency must create the rules needed to carry out the changes made by the Rehabilitation, Comprehensive Services, and Developmental Disabilities Act of 1978. Any proposed rule must be sent to the proper Congressional committees, and the rule cannot take effect until at least the 30th day after it is sent. "Program or activity" includes state and local governments and the parts that give out federal aid; colleges, universities, and school systems; whole private organizations or a facility that gets federal help (or that mainly provides services like education, health care, housing, social services, or parks and recreation); and groups made from two or more of these. Small providers do not have to make major building changes if they can serve people another way (rules from March 22, 1988 apply to that part). Employment-discrimination complaints are judged by the standards in Title I of the Americans with Disabilities Act of 1990 and sections 501–504 and 510 of the ADA.

Title 29, §794

Labor — Source: USLM XML via OLRC

(a)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)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 career and technical 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);

(c)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 are available. The terms used in this subsection shall be construed with reference to the regulations existing on March 22, 1988.

(d)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 510,11 See References in Text note below. of the Americans with Disabilities Act of 1990 (42 U.S.C. 12201–12204 and 12210), as such sections relate to employment.

Notes & Related Subsidiaries

Editorial Notes

References in Text

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

2015—Subsec. (b)(2)(B). Pub. L. 114–95 made technical amendment to reference in original act which appears in text as reference to section 7801 of title 20. 2014—Subsec. (b)(2)(B). Pub. L. 113–128 substituted “career and technical education” for “vocational education”. 2002—Subsec. (b)(2)(B). Pub. L. 107–110 substituted “section 7801 of title 20” for “section 8801 of title 20”. 1998—Subsec. (a). Pub. L. 105–220 substituted “section 705(20)” for “section 706(8)”. 1994—Subsec. (b)(2)(B). Pub. L. 103–382 substituted “section 8801 of title 20” for “section 2891(12) of title 20”. 1992—Subsec. (a). Pub. L. 102–569, § 102(p)(32), substituted “a disability” for “handicaps” and “disability” for “handicap” in first sentence. Subsec. (d). Pub. L. 102–569, § 506, added subsec. (d). 1988—Subsec. (a). Pub. L. 100–630, § 206(d)(1), substituted “her or his handicap” for “his handicap”. Pub. L. 100–259, § 4(1), designated existing provisions as subsec. (a). Subsec. (b). Pub. L. 100–259, § 4(2), added subsec. (b). Subsec. (b)(2)(B). Pub. L. 100–630, § 206(d)(2), substituted “section 2891(12) of title 20” for “section 2854(a)(10) of title 20”. Subsec. (c). Pub. L. 100–259, § 4(2), added subsec. (c). 1986—Pub. L. 99–506 substituted “individual with handicaps” for “handicapped individual” and “section 706(8) of this title” for “section 706(7) of this title”. 1978—Pub. L. 95–602 substituted “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.

Statutory Notes and Related Subsidiaries

Effective Date

of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education.

Effective Date

of 2002 AmendmentAmendment by Pub. L. 107–110 effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 107–110, set out as an

Effective Date

note under section 6301 of Title 20, Education. Exclusion From CoverageAmendment by Pub. L. 100–259 not 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 of Pub. L. 100–259, set out as a

Construction

note under section 1687 of Title 20, Education. Abortion NeutralityAmendment by Pub. L. 100–259 not 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 of Pub. L. 100–259, set out as a note under section 1688 of Title 20, Education.

Construction

of Prohibition Against Discrimination Under Federal GrantsRights or protections of this section not affected by any provision of Pub. L. 98–457, see section 127 of Pub. L. 98–457, set out as a note under section 5101 of Title 42, The Public Health and Welfare.

Executive Documents

Coordination of Implementation and

Enforcement

of ProvisionsFor 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.

§794 Nondiscrimination under Federal grants and programs

Summary

Title 29, §794

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Editorial Notes

References in Text

Amendments

Amendments

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Short Title

Amendments

Regulations

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Construction

Construction

Executive Documents

Enforcement

Enforcement

Citations & Metadata