Title 29, LaborRelease 119-110
§794 Nondiscrimination Under Federal Grants and Programs
Title 29 › CHAPTER 16 — VOCATIONAL REHABILITATION AND OTHER REHABILITATION SERVICES › SUBCHAPTER V — RIGHTS AND ADVOCACY › § 794
Summary
Programs and agencies that get federal money, and programs run by executive agencies or the United States Postal Service, must not exclude, deny benefits to, or treat unfairly a person with a disability who is otherwise qualified (see section 705(20) of this title) just because of their disability. The head of each agency must create the rules needed to carry out the changes made by the Rehabilitation, Comprehensive Services, and Developmental Disabilities Act of 1978. Proposed rules must be sent to the proper Congressional committees and cannot take effect sooner than 30 days after that submission. “Program or activity” means the operations of state or local government departments and the offices that give out federal aid; colleges, universities, and public higher‑education systems; local school districts and other school systems; whole private organizations or specific facilities that get federal aid or mainly provide services like education, health care, housing, social services, or parks and recreation; and any joint entity made by two or more of these. Small providers do not have to make major structural changes if there are other ways to offer the services; terms here are read with reference to the rules in effect on March 22, 1988. Employment discrimination complaints under this law use the standards in title I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.) and sections 501–504 and 510 of that Act (42 U.S.C. 12201–12204 and 12210).
Full Legal Text
Title 29, §794
Labor, Source: USLM XML via OLRC
(a)Promulgation of rules and regulations
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)
(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);
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 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, of the Americans with Disabilities Act of 1990 (42 U.S.C. 12201–12204 and 12210), as such sections relate to employment.
Legislative History
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.
Reference
Citations & Metadata
Citation
29 U.S.C. § 794
Title 29, Labor
Last Updated
Sep 23, 2026
Release point: 119-110