[Code of Federal Regulations]

[Title 45, Volume 4]

[Revised as of October 1, 2005]

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

[CITE: 45CFR1232.4]



[Page 81-82]

 

                        TITLE 45--PUBLIC WELFARE

 

       CHAPTER XII--CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

 

PART 1232_NONDISCRIMINATION ON BASIS OF HANDICAP IN PROGRAMS OR 

ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents

 

                      Subpart A_General Provisions

 

Sec. 1232.4  General prohibitions against discrimination.



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

handicap, be excluded from participation in, be denied the benefits of, 

or otherwise be subjected to discrimination under any program or 

activity to which this part applies.

    (b)(1) A recipient, in providing any aid, benefit, or service, may 

not, directly or through contractual, licensing, or other arrangements, 

on the basis of handicap:

    (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 

equal to that afforded others;

    (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 that provided to others;

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

handicapped persons or to any class of handicapped persons than is 

provided to others unless such action is necessary to provide qualified 

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

effective as those provided to others;

    (v) 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 service to beneficiaries of the recipient's program or 

activity;

    (vi) Deny a qualified handicapped person the opportunity to 

participate as a member of planning or advisory boards; or

    (vii) 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.

    (2) A recipient may not deny a qualified handicapped person the 

opportunity to participate in aid, benefits, or services that are not 

separate or different, despite the existence of permissibly separate or 

different programs or activities.

    (3) 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 handicap,

    (ii) That have the purpose or effect of defeating or substantially 

impairing



[[Page 82]]



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

with respect to handicapped persons, or

    (iii) That perpetuate the discrimination of another recipient if 

both recipients are subject to common administrative control or are 

agencies of the same state.

    (4) A recipient may not, in determining the site or location of a 

facility, 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.

    (c) 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 

part.

    (d) Recipients shall administer programs or activities in the most 

integrated setting appropriate to the needs of qualified handicapped 

persons.

    (e) Recipients shall take appropriate steps to ensure that 

communications with their applicants, employees, volunteers and 

beneficiaries are available to persons with impaired vision and hearing.

    (f) Recipients shall take appropriate steps to insure that no 

handicapped individual is denied the benefits of, excluded from 

participation in, or otherwise subjected to discrimination in any 

program or activity receiving Federal financial assistance from ACTION 

because of the absence of auxiliary aids for individuals with impaired 

sensory, manual, or speaking skills.



[44 FR 31018, May 30, 1979, as amended at 68 FR 51388, Aug. 26, 2003]