[Code of Federal Regulations]
[Title 45, Volume 4]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR1385.6]

[Page 387-388]
 
                        TITLE 45--PUBLIC WELFARE
 
CHAPTER XIII--OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH 
                           AND HUMAN SERVICES
 
PART 1385--REQUIREMENTS APPLICABLE TO THE DEVELOPMENTAL DISABILITIES PROGRAM--Table of Contents
 
Sec. 1385.6  Employment of individuals with disabilities.

    Each grantee which receives Federal funding under the Act must meet 
the requirements of section 109 of the Act (42 U.S.C. 6008) regarding 
affirmative action. The grantee must take affirmative action to employ 
and advance in employment and otherwise treat qualified individuals with 
disabilities without discrimination based upon their physical or mental 
disability in all employment practices such as the following: 
Advertising, recruitment, employment, rates of pay or other forms of 
compensation, selection for training, including apprenticeship, 
upgrading, demotion or transfer, and layoff or termination. This 
obligation is in addition to the requirements of 45 CFR part 84, subpart 
B, prohibiting discrimination in employment practices on the basis of 
disability in programs receiving assistance from the Department. 
Recipients of funds under the Act also may be bound by the provisions of 
the Americans with Disabilities Act (Pub. L. 101-336, 42 U.S.C. 12101 et 
seq.) with respect to employment of individuals with disabilities. 
Failure to comply with section 109 of the Act may result in loss of 
Federal funds under the Act. If a compliance action is taken, the State 
will

[[Page 388]]

be given reasonable notice and an opportunity for a hearing as provided 
in Subpart D of 45 CFR part 1386.

[61 FR 51154, Sept. 30, 1996]