[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: 45CFR1385.6]



[Page 337-338]

 

                        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 338]]



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]