[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: 45CFR707.6]



[Page 305]

 

                        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. 707.6  General prohibitions against discrimination.



    (a) No qualified individual with disabilities shall, on the basis of 

disability, be excluded from participation in, be denied the benefits 

of, or otherwise be subjected to discrimination under any program or 

activity conducted by the Agency.

    (b)(1) The Agency, in providing any aid, benefit, or service, shall 

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

on the basis of disability--

    (i) Deny a qualified individual with disabilities the opportunity to 

participate in or benefit from the aid, benefit(s), or service(s);

    (ii) Afford a qualified individual with disabilities an opportunity 

to participate in or benefit from the aid, benefit(s), or service(s) 

that are not equal to that afforded others;

    (iii) Provide a qualified individual with disabilities with an aid, 

benefit(s), or service(s) that are 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 

individuals with disabilities or to any class of individuals with 

disabilities than are provided to others unless such action is necessary 

to provide qualified individuals with disabilities with aid, benefits, 

or services that are as effective as those provided to others:

    (v) Deny a qualified individual with disabilities the opportunity to 

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

    (vi) Otherwise limit a qualified individual with disabilities in the 

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

others receiving the aid, benefit(s), or service(s).

    (2) The Agency shall not deny a qualified individual with 

disabilities the opportunity to participate in programs or activities 

that are not separate or different, despite the existence of permissibly 

separate or different programs or activities.

    (3) The Agency shall not, directly or through contractual or other 

arrangements, utilize criteria or methods of administration the purpose 

or effect of which would--

    (i) Subject qualified individuals with disabilities to 

discrimination on the basis of disability; or

    (ii) Defeat or substantially impair accomplishment of the objectives 

of a program or activity with respect to individuals with disabilities.

    (4) The Agency shall not in determining the site or location of a 

facility or activity make selections the purpose or effect of which 

would--

    (i) Exclude individuals with disabilities from, deny them the 

benefits of, or otherwise subject them to discrimination under any 

program or activity conducted by the Agency; or

    (ii) Defeat or substantially impair the accomplishment of the 

objectives of a program or activity with respect to individuals with 

disabilities.

    (5) The Agency, in the selection of procurement contractors, shall 

not use criteria that subject qualified individuals with disabilities to 

discrimination on the basis of disability.

    (c) The exclusion of non-disabled persons from the benefits of a 

program limited by Federal statute or Executive order to individuals 

with disabilities or the exclusion of a specific class of individuals 

with disabilities from a program limited by Federal statute or Executive 

order to a different class of individuals with disabilities is not 

prohibited by this part.

    (d) The Agency shall administer programs and activities in the most 

integrated setting appropriate to the needs of qualified individuals 

with disabilities.