[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

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

[CITE: 45CFR707.11]



[Page 308]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VII--COMMISSION ON CIVIL RIGHTS

 

PART 707_ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF DISABILITY 

IN PROGRAMS OR ACTIVITIES CONDUCTED BY U.S. COMMISSION ON CIVIL RIGHTS

--Table of Contents

 

Sec. 707.11  Eliminating discriminatory qualifications and selection 

criteria.



    The Agency shall not make use of any qualification standard, 

eligibility requirement, or selection criterion that excludes particular 

classes of individuals with disabilities from an Agency program or 

activity merely because the persons are disabled, without regard to an 

individual's actual ability to participate. An irrebuttable presumption 

of inability to participate based upon a disability shall be permissible 

only if the condition would, in all instances, prevent an individual 

from meeting the essential eligibility requirements for participating 

in, or receiving the benefits of, the particular program or activity.