[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: 41CFR101-8.305]



[Page 55]

 

           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. 101-8.305  Employment practices prohibited.



    (a) No qualified handicapped person shall, on the basis of handicap, 

be subjected to employment discrimination under any program or activity 

to which this subpart applies.

    (b) A recipient shall make all decisions concerning employment under 

any program or activity to which this subpart applies in a manner which 

ensures that discrimination on the basis of handicap does not occur and 

may not limit, segregate, or classify applicants or employees in any way 

that adversely affects their opportunities or status because of 

handicap.

    (c) A recipient may not participate in a contractual or other 

relationship that has the effect of subjecting qualified handicapped 

applicants or employees to discrimination prohibited by this subpart. 

The relationships referred to in this paragraph include relationships 

with employment and referral agencies, labor unions, organizations 

providing or administering fringe benefits to employees of the 

recipient, and organizations providing training and apprenticeships.

    (d) The provisions of this subpart apply to:

    (1) Recruitment, advertising, and processing of applications for 

employment;

    (2) Hiring, upgrading, promotion, award of tenure, demotion, 

transfer, layoff, termination, right of return from layoff, and 

rehiring;

    (3) Rates of pay or any other form of compensation and changes in 

compensation;

    (4) Job assignments, job classifications, organizational structures, 

position descriptions, lines of progression, and seniority lists;

    (5) Leaves of absence, sick or otherwise;

    (6) Fringe benefits available by virtue of employment, whether 

administered by the recipient or not;

    (7) Selection and provision of financial support for training, 

including apprenticeship, professional meetings, conferences, and other 

related activities, and selection for leaves of absence to pursue 

training;

    (8) Employer-sponsored activities, including those that are social 

or recreational; and

    (9) Any other term, condition, or privilege of employment.

    (e) A recipient's obligation to comply with this subpart is not 

affected by any inconsistent term of any collective bargaining agreement 

to which it is a party.