[Code of Federal Regulations]

[Title 41, Volume 2]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 41CFR101-8.303]



[Page 53-54]

 

           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT

 

          CHAPTER 101--FEDERAL PROPERTY MANAGEMENT REGULATIONS

 

PART 101-8_NONDISCRIMINATION IN PROGRAMS RECEIVING FEDERAL FINANCIAL 

ASSISTANCE--Table of Contents

 

   Subpart 101-8.3_Discrimination Prohibited on the Basis of Handicap

 

Sec. 101-8.303  Specific prohibitions.



    (a) A recipient, in providing any aid, benefit, or service, may not 

directly or through contractual, licensing, or other arrangements, on 

the basis of handicap:

    (1) Deny a qualified person the opportunity to participate in or 

benefit from the aid, benefit, or service;

    (2) Afford a qualified handicapped person an opportunity to 

participate in or benefit from the aid, benefit, or service that is not 

equal to that afforded others;

    (3) 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 that provided others;

    (4) Provide different or separate aid, benefits, or services to 

handicapped persons or to any class of handicapped persons than is 

provided to others unless the action is necessary to provide qualified 

handicapped persons with aid, benefits, or services that are as 

effective as those provided to others;

    (5) Aid or perpetuate discrimination against a qualified handicapped 

person by providing significant assistance to an agency, organization, 

or person that discriminates on the basis of handicap in providing any 

aid, benefit, or services to beneficiaries of the recipient's program or 

activity;



[[Page 54]]



    (6) Deny a qualified handicapped person the opportunity to 

participate as a member of planning committees, advisory boards, or 

other groups; or

    (7) Otherwise limit a qualified handicapped person in the enjoyment 

of any right, privilege, advantage, or opportunity enjoyed by others 

receiving the aid, benefit, or service.

    (b) For purposes of this subpart, 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 appropriate to the person's 

needs.

    (c) Despite the existence of permissible separate or different aid, 

benefits, or services, a recipient may not deny a qualified handicapped 

person the opportunity to participate in aid, benefits, or services that 

are not separate or different.

    (d) A recipient may not, directly or through contractual or other 

arrangements, use criteria or methods of administration that:

    (1) Have the effect of subjecting qualified handicapped persons to 

discrimination on the basis of handicap;

    (2) Have the purpose or effect of defeating or substantially 

impairing accomplishment of the objectives of the recipient's program or 

activity with respect to handicapped persons; or

    (3) Perpetuate the discrimination of another recipient if both 

recipients are subject to common administrative control or are agencies 

of the same State.

    (e) In determining the site of a facility, an applicant for 

assistance or a recipient may not make selections that:

    (1) 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 assistance from GSA; 

or

    (2) 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.

    (f) As used in this section, the aid, benefit, or service provided 

under a program or activity receiving Federal 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 assistance.

    (g) The exclusion of nonhandicapped persons from aid, benefits, or 

services limited by Federal statute or Executive order to handicapped 

persons or the exclusion of a specific class of handicapped persons from 

aid, benefits, or services limited by Federal statute or Executive order 

to a different class of handicapped persons is not prohibited by this 

subpart.

    (h) Recipients shall take appropriate steps to ensure that 

communications with the donees, applicants, employees, and handicapped 

persons participating in federally assisted programs or activities or 

receiving aid, benefits, or services are available to persons with 

impaired vision and hearing. Examples of communications methods include: 

Telecommunication devices for the deaf (TDD's), other telephonic 

devices, provision of braille materials, readers, and qualified sign 

language interpreters.

    (i) The enumeration of specific forms of prohibited discrimination 

in this section does not limit the generality of the prohibition in 

Sec. 101-8.302 of this subpart.