[Code of Federal Regulations]
[Title 49, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR27.7]

[Page 317-318]
 
                        TITLE 49--TRANSPORTATION
 
          Subtitle A--Office of the Secretary of Transportation
 
PART 27_NONDISCRIMINATION ON THE BASIS OF DISABILITY IN PROGRAMS OR ACTIVITIES 
RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents
 
                            Subpart A_General
 
Sec.  27.7  Discrimination prohibited.

    (a) General. No qualified handicapped person shall, solely by reason 
of his disability, be excluded from participation in, be denied the 
benefits of, or otherwise be subjected to discrimination under any 
program or activity that receives Federal financial assistance 
administered by the Department of Transportation.
    (b) Discriminatory actions prohibited. (1) A recipient, in providing 
any aid, benefit, or service, may not, directly or through contractual, 
licensing, or other arrangements, on the basis of disability:
    (i) Deny a qualified handicapped person the opportunity to 
participate in or benefit from the aid, benefit, or service;
    (ii) Afford a qualified handicapped person an opportunity to 
participate in or benefit from the aid, benefit, or service that is not 
substantially equal to that afforded persons who are not handicapped;
    (iii) Provide a qualified handicapped person with an aid, benefit, 
or service that is not as effective in affording equal opportunity to 
obtain the same result, to gain the same benefit, or to reach the same 
level of achievement as persons who are not handicapped;
    (iv) Provide different or separate aid, benefits, or services to 
handicapped persons or to any class of handicapped

[[Page 318]]

persons unless such action is necessary to provide qualified handicapped 
persons with aid, benefits or services that are as effective as those 
provided to persons who are not handicapped;
    (v) Aid or perpetuate discrimination against a qualified handicapped 
person by providing financial or other assistance to an agency, 
organization, or person that discriminates on the basis of disability in 
providing any aid, benefit, or service to beneficiaries of the 
recipient's program or activity;
    (vi) Deny a qualified handicapped person the opportunity to 
participate in conferences, in planning or advising recipients, 
applicants or would-be applicants, or
    (vii) Otherwise limit a qualified handicapped person in the 
enjoyment of any right, privilege, advantage, or opportunity enjoyed by 
others receiving an aid, benefit, or service.
    (2) For purposes of this part, aids, benefits, and services, to be 
equally effective, are not required to produce the identical result or 
level of achievement for handicapped and nonhandicapped persons, but 
must afford handicapped persons equal opportunity to obtain the same 
result, to gain the same benefit, or to reach the same level of 
achievement, in the most integrated setting that is reasonably 
achievable.
    (3) Even if separate or different aid, benefits, or services are 
available to handicapped persons, a recipient may not deny a qualified 
handicapped person the opportunity to participate in the programs or 
activities that are not separate or different.
    (4) A recipient may not, directly or through contractual or other 
arrangements, utilize criteria or methods of administration:
    (i) That have the effect of subjecting qualified handicapped persons 
to discrimination on the basis of disability,
    (ii) That have the purpose or effect of defeating or substantially 
reducing the likelihood that handicapped persons can benefit by the 
objectives of the recipient's program or activity, or
    (iii) That yield or perpetuate discrimination against another 
recipient if both recipients are subject to common administrative 
control or are agencies of the same State.
    (5) In determining the site or location of a facility, an applicant 
or a recipient may not make selections:
    (i) That have the effect of excluding handicapped persons from, 
denying them the benefits of, or otherwise subjecting them to 
discrimination under any program or activity that receives Federal 
financial assistance, or
    (ii) That have the purpose or effect of defeating or substantially 
impairing the accomplishment of the objectives of the program or 
activity with respect to handicapped persons.
    (6) As used in this section, the aid benefit, or service provided 
under a program or activity receiving Federal financial assistance 
includes any aid, benefit, or service provided in or through a facility 
that has been constructed, expanded, altered, leased or rented, or 
otherwise acquired, in whole or in part, with Federal financial 
assistance.
    (c) Communications. Recipients shall take appropriate steps to 
ensure that communications with their applicants, employees, and 
beneficiaries are available to persons with impaired vision and hearing.
    (d) Aid, benefits, or services limited by Federal law. For aid, 
benefits, or services authorized by Federal statute or executive order 
that are designed especially for the handicapped, or for a particular 
class of handicapped persons, the exclusion of nonhandicapped or other 
classes of handicapped persons is not prohibited by this part.

[44 FR 3l468, May 31, l979, as amended at 68 FR 51390, Aug. 26, 2003]