[Code of Federal Regulations]

[Title 14, Volume 5]

[Revised as of January 1, 2006]

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

[CITE: 14CFR1251.103]



[Page 226-227]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

PART 1251_NONDISCRIMINATION ON BASIS OF HANDICAP--Table of Contents

 

                    Subpart 1251.1_General Provisions

 

Sec. 1251.103  Discrimination prohibited.



    (a) General. 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 which receives Federal financial assistance.

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

any aid, benefits, or services, 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 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 as that provided to others;

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

handicapped persons or to any class of handicapped persons unless such 

action is necessary



[[Page 227]]



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 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 persons 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 appropriate to the person's 

needs.

    (3) Recipients shall take appropriate steps to ensure 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 because of 

the absence of auxiliary aids for individuals with impaired sensory, 

manual, or speaking skills.

    (4) Despite the existence of separate or different aid, benefits, or 

services provided in accordance with this part, a recipient may not deny 

a qualified handicapped person the opportunity to participate in such 

programs or activities that are not separate or different.

    (5) 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 of the basis of handicap;

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

impairing 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.

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

for assistance 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.

    (7) 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.

    (8) Recipients shall take appropriate steps to ensure that 

communications with their applicants, employees, and beneficiaries are 

available to persons with impaired vision and hearing.

    (c) Aid, benefits, or services limited by Federal law. The exclusion 

of nonhandicapped persons from aid, benefits, or services limited by 

Federal statute of Executive order to 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.



[51 FR 26862, July 28, 1986, as amended at 68 FR 51351, Aug. 26, 2003]