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315

Office of the Secretary of LaborPt. 32

31.11Judicial review.

Action taken pursuant to section 602of the Act is subject to judicial reviewas provided in section 603 of the Act.

[29 FR 16284, Dec. 4, 1964. Redesignated at 38FR 17958, July 5, 1973]

31.12Effect on other regulations; su-pervision and coordination.

(a)

Effect on other regulations.

All reg-ulations, orders or like directions here-tofore issued by any officer of the De-partment which impose requirementsdesigned to prohibit any discrimina-tion against individuals on the groundof race, color, or national origin underany program to which this part applies,and which authorize the suspension ortermination of or refusal to grant or tocontinue Federal financial assistanceto any applicant for or recipient of such assistance under such program forfailure to comply with such require-ments, are hereby superseded to the ex-tent that such discrimination is pro-hibited by this part, except that noth-ing in this part shall be deemed to re-lieve any person of any obligations as-sumed or imposed under any such su-perseded regulation, order, instruction,or like direction prior to the effectivedate of this part. Nothing in this part,however, shall be deemed to supersedeany of the following (including futureamendments thereof):(1) Executive Orders 10925, 11114 and11246 and regulations issued there-under,(2) The

‘‘

Standards for a Merit Sys-tem of Personnel Administration,

’’

issued jointly by the Secretaries of De-fense, of Health, Education and Wel-fare, and of Labor, 23 FR 734, or(3) Any other regulation or instruc-tion insofar as it prohibits discrimina-tion on the ground of race, color, or na-tional origin in any program or situa-tion to which this part is inapplicable,or prohibits discrimination on anyother ground.(b)

Supervision and coordination.

(1)The Secretary may from time to timeassign to officials of other departmentsor agencies of the government (withthe consent of such department oragency) responsibilities in connectionwith the effectuation of the purposes of title VI of the Act and this part (otherthan responsibility for final decision asprovided in

31.11), including theachievement of effective coordinationand maximum uniformity within theDepartment and within the executivebranch of the Government in the appli-cation of title VI and this part to simi-lar programs and in similar situations.(2) Any action taken, determinationmade, or requirement imposed by anofficial of another Department or agen-cy acting pursuant to an assignment of responsibility under this subsectionshall have the same effect as thoughsuch action had been taken by the Sec-retary.

[38 FR 17958, July 5, 1973]

PART 32

—

NONDISCRIMINATIONON THE BASIS OF HANDICAP INPROGRAMS AND ACTIVITIES RE-CEIVING OR BENEFITING FROMFEDERAL FINANCIAL ASSISTANCE

Subpart A

—

General Provisions

Sec.32.1Purpose.32.2Application.32.3Definitions.32.4Discrimination prohibited.32.5Assurances required.32.6Remedial action, voluntary action, andself-evaluation.32.7Designation of responsible employee.32.8Notice.32.9Administrative requirements for smallrecipients.32.10Effect of State or local law or otherrequirements and effect of employmentopportunities.

Subpart B

—

Employment Practices and Em-ployment Related Training ProgramParticipation

32.12Discrimination prohibited.32.13Reasonable accommodation.32.14Job qualifications.32.15Preemployment inquiries.32.16Listing of employment openings.32.17Labor unions and recruiting and train-ing agencies.

Subpart C

—

Program Accessibility

32.26Discrimination prohibited.32.27Access to programs.32.28Architectural standards.

Subpart D

—

Procedures

32.44Compliance information.

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316

29 CFR Subtitle A (7

–

01 Edition)

32.1

32.45Investigations.32.46Procedure for effecting compliance.32.47Hearing practice and procedure.

Subpart E

—

Auxiliary Matters

32.48Post-termination proceedings.32.49Recordkeeping.32.50Access to records.32.51Rulings and interpretations.A

PPENDIX

ART

32A

UTHORITY

: Sec. 504, Rehabilitation Act of 1973, Pub. L. 93

–

112, 87 Stat. 394 (29 U.S.C.794); sec. 111(a), Rehabilitation Act Amend-ments of 1974, Pub. L. 93

–

516, 88 Stat. 1619 (29U.S.C. 706); secs. 119 and 122 of the Rehabili-tation Comprehensive Services and Develop-mental Disabilities Amendments of 1978,Pub. L. 95

–

602, 92 Stat. 2955; Executive Order11914, 41 FR 17871.S

OURCE

: 45 FR 66709, Oct. 7, 1980, unlessotherwise noted.

Subpart A

—

General Provisions

32.1Purpose.

Section 504 of the Rehabilitation Actof 1973 prohibits discrimination on thebasis of handicap in any program or ac-tivity receiving or benefiting from Fed-eral financial assistance. The purposeof this part is to implement section 504with respect to programs and activitiesreceiving or benefiting from Federal fi-nancial assistance from the Depart-ment of Labor.

32.2Application.

(a) This part applies to each recipientof Federal financial assistance fromthe Department of Labor, and everyprogram or activity that receives orbenefits from such assistance, but islimited to the particular program forwhich Federal financial assistance isprovided.(b) A government contractor coveredby the provisions of section 503 of theAct shall be deemed in compliancewith the employment provisions of these regulations if it is in compliancewith 41 CFR part 60

–

741 (as amendedafter publication of these regulations)with respect to Federal financial as-sistance from the Department of Labor.

32.3Definitions.

As used in this part, the term:

The Act

means the Rehabilitation Actof 1973, Public Law 93

–

112, as amendedby the Rehabilitation Act Amendmentsof 1974, Public Law 93

–

516, and by theRehabilitation, Comprehensive Serv-ices, and Developmental DisabilitiesAmendments of 1978, Public Law 95

–

602.

Assistant Secretary

means the Assist-ant Secretary for Employment andTraining Administration or his or herdesignee.

Applicant for assistance

means onewho submits an application, request, orplan required to be approved by a De-partment official or by a recipient as acondition to becoming a recipient.

Department

means the Department of Labor.

Facility

means all or any portion of the buildings, structures, equipment,roads, walks, parking lots or other realor personal property or interest in suchproperty which are utilized in the exe-cution of the program for which Fed-eral financial assistance is received.

Federal financial assistance

means anygrant, loan, contract (other than a pro-curement contract or a contract of in-surance or guarantee), or any other ar-rangement by which the Departmentprovides or otherwise makes availableassistance in the form of:(a) Funds;(b) Services of Federal personnel; or(c) Real and personal property or anyinterest in or use of such property, in-cluding:(1) Transfers or leases of such prop-erty for less than fair market value orfor reduced consideration; and(2) Proceeds from a subsequent trans-fer or lease of such property if the Fed-eral share of its fair market value isnot returned to the Federal Govern-ment.

Government

means the Government of the United States of America.

Handicap

means any condition orcharacteristic that renders a person ahandicapped individual as defined inthis section.

Handicapped individual

(a)

Handicapped individual

means anyperson who

—

(1) Has a physical or mental impair-ment which substantially limits one ormore major life activities;(2) Has a record of such an impair-ment; or

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317

Office of the Secretary of Labor

32.3

(3) Is regarded as having such an im-pairment.(b) As used in the proceeding para-graph of this section, the phrase:(1)

Physical or mental impairment

means

—

(i) Any physiological disorder or con-dition, cosmetic disfigurement, or ana-tomical loss affecting one or more of the following body systems: neuro-logical; musculoskeletal; special senseorgans; respiratory, including speechorgans; cardiovascular; reproductive;digestive; genito-urinary; hemic andlymphatic; skin; and endocrine;(ii) Any mental or psychological dis-order, such as mental retardation, or-ganic brain syndrome, emotional ormental illness, and specific learningdisabilities.(iii) The term

physical or mental impairment

includes but is not limited tosuch diseases and conditions as ortho-pedic, visual, speech and hearing im-pairments, cerebral palsy, epilepsy,muscular distrophy, multiple sclerosis,cancer, heart disease, diabetes, mentalretardation, emotional illness, anddrug addiction and alcoholism.(2)

Substantially limits

means the de-gree that the impairment affects an in-dividual becoming a beneficiary of aprogram or activity receiving Federalfinancial assistance or affects an indi-vidual

’

s employability. A handicappedindividual who is likely to experiencedifficulty in securing or retaining ben-efits or in securing, or retaining, or ad-vancing in employment would be con-sidered substantially limited.(3)

Major life activities

means func-tions such as caring for one

’

s self, per-forming manual tasks, walking, seeing,hearing, speaking, breathing, learning,working, and receiving education orvocational training.(4)

Has a record of such an impairment

means that the individual has a historyof, or has been misclassified as having,a mental or physical impairment thatsubstantially limits one or more lifeactivity.(5)

Is regarded as having such an impairment

means that the individual

—

(i) Has a physical or mental impair-ment that does not substantially limitmajor life activities but that is treatedby a recipient as constituting such alimitation;(ii) Has a physical or mental impair-ment that substantially limits majorlife activities only as a result of the at-titudes of others toward such impair-ment; or(iii) Has none of the impairments de-fined in paragraph (b)(1) of this sectionbut is treated by a recipient as havingsuch an impairment.

Qualified handicapped individual

means:(a) With respect to employment, anindividual with a handicap who is capa-ble of performing the essential func-tions of the job or jobs for which he orshe is being considered with reasonableaccommodation to his or her handicap;(b) With respect to services, a handi-capped individual who meets eligibilityrequirements relevant to the receipt of services provided in the program;(c) With respect to employment andto employment related training pro-grams, a handicapped individual whomeets both the eligibility requirementsfor participation in the program andvalid job or training qualificationswith reasonable accommodation.

Reasonable accommodation

means thechanges and modifications which canbe made in the structure of a job oremployment and training program, orin the manner in which a job is per-formed or an employment and trainingprogram is conducted, unless it wouldimpose an undue hardship on the oper-ation of the recipient

’

s program. Rea-sonable accommodation may include:(a) Making the facilities used by theemployees or participants in the areawhere the program is conducted, in-cluding common areas used by all em-ployees or participants such as hall-ways, restrooms, cafeterias andlounges, readily accessible to and usa-ble by handicapped persons, and(b) Job restructuring, part-time ormodified work schedules, acquisitionor modification of equipment or de-vices, the provision of readers or inter-preters, and other similar actions.

Recipient

means any state or its po-litical subdivisions, any instrumen-tality of a State or its political sub-divisions, any public or private agency,institution, organization, or other enti-ty, or any person to which Federal fi-nancial assistance is extended directlyor through another recipient, including

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Department of Labor: 29cfr32(2001)

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