[Code of Federal Regulations]

[Title 49, Volume 1]

[Revised as of October 1, 2005]

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

[CITE: 49CFR27.7]



[Page 345-346]

 

                        TITLE 49--TRANSPORTATION

 

          Subtitle A--Office of the Secretary of Transportation

 

PART 27_NONDISCRIMINATION ON THE BASIS OF DISABILITY IN PROGRAMS OR 

ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents

 

                            Subpart A_General

 

Sec. 27.7  Discrimination prohibited.



    (a) General. No qualified handicapped person shall, solely by reason 

of his disability, be excluded from participation in, be denied the 

benefits of, or otherwise be subjected to discrimination under any 

program or activity that receives Federal financial assistance 

administered by the Department of Transportation.

    (b) Discriminatory actions prohibited. (1) A recipient, in providing 

any aid, benefit, or service, may not, directly or through contractual, 

licensing, or other arrangements, on the basis of disability:

    (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 

substantially equal to that afforded persons who are not handicapped;

    (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 persons who are not handicapped;

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

handicapped persons or to any class of handicapped persons unless such 

action is necessary to provide qualified handicapped persons with aid, 

benefits or services that



[[Page 346]]



are as effective as those provided to persons who are not handicapped;

    (v) Aid or perpetuate discrimination against a qualified handicapped 

person by providing financial or other assistance to an agency, 

organization, or person that discriminates on the basis of disability 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 in conferences, in planning or advising recipients, 

applicants or would-be applicants, or

    (vii) Otherwise limit a qualified handicapped person in the 

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

others receiving an aid, benefit, or service.

    (2) For purposes of this part, aids, benefits, and services, to be 

equally effective, are not required to produce the identical result or 

level of achievement for handicapped and nonhandicapped persons, but 

must afford handicapped persons equal opportunity to obtain the same 

result, to gain the same benefit, or to reach the same level of 

achievement, in the most integrated setting that is reasonably 

achievable.

    (3) Even if separate or different aid, benefits, or services are 

available to handicapped persons, a recipient may not deny a qualified 

handicapped person the opportunity to participate in the programs or 

activities that are not separate or different.

    (4) 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 disability,

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

reducing the likelihood that handicapped persons can benefit by the 

objectives of the recipient's program or activity, or

    (iii) That yield or perpetuate discrimination against another 

recipient if both recipients are subject to common administrative 

control or are agencies of the same State.

    (5) In determining the site or location of a facility, an applicant 

or a recipient may not 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.

    (6) As used in this section, the aid benefit, or service provided 

under a program or activity receiving Federal financial assistance 

includes any aid, benefit, or service provided in or through a facility 

that has been constructed, expanded, altered, leased or rented, or 

otherwise acquired, in whole or in part, with Federal financial 

assistance.

    (c) Communications. Recipients shall take appropriate steps to 

ensure that communications with their applicants, employees, and 

beneficiaries are available to persons with impaired vision and hearing.

    (d) Aid, benefits, or services limited by Federal law. For aid, 

benefits, or services authorized by Federal statute or executive order 

that are designed especially for the handicapped, or for a particular 

class of handicapped persons, the exclusion of nonhandicapped or other 

classes of handicapped persons is not prohibited by this part.



[44 FR 3l468, May 31, l979, as amended at 68 FR 51390, Aug. 26, 2003]