[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

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

[CITE: 34CFR104.11]



[Page 375]

 

                           TITLE 34--EDUCATION

 

       CHAPTER I--OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF EDUCATION

 

PART 104_NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR 

ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents

 

                     Subpart B_Employment Practices

 

Sec.  104.11  Discrimination prohibited.





    (a) General. (1) No qualified handicapped person shall, on the basis 

of handicap, be subjected to discrimination in employment under any 

program or activity to which this part applies.

    (2) A recipient that receives assistance under the Education of the 

Handicapped Act shall take positive steps to employ and advance in 

employment qualified handicapped persons in programs or activities 

assisted under that Act.

    (3) A recipient shall make all decisions concerning employment under 

any program or activity to which this part applies in a manner which 

ensures that discrimination on the basis of handicap does not occur and 

may not limit, segregate, or classify applicants or employees in any way 

that adversely affects their opportunities or status because of 

handicap.

    (4) A recipient may not participate in a contractual or other 

relationship that has the effect of subjecting qualified handicapped 

applicants or employees to discrimination prohibited by this subpart. 

The relationships referred to in this paragraph include relationships 

with employment and referral agencies, with labor unions, with 

organizations providing or administering fringe benefits to employees of 

the recipient, and with organizations providing training and 

apprenticeships.

    (b) Specific activities. The provisions of this subpart apply to:

    (1) Recruitment, advertising, and the processing of applications for 

employment;

    (2) Hiring, upgrading, promotion, award of tenure, demotion, 

transfer, layoff, termination, right of return from layoff and rehiring;

    (3) Rates of pay or any other form of compensation and changes in 

compensation;

    (4) Job assignments, job classifications, organizational structures, 

position descriptions, lines of progression, and seniority lists;

    (5) Leaves of absense, sick leave, or any other leave;

    (6) Fringe benefits available by virtue of employment, whether or 

not administered by the recipient;

    (7) Selection and financial support for training, including 

apprenticeship, professional meetings, conferences, and other related 

activities, and selection for leaves of absence to pursue training;

    (8) Employer sponsored activities, including those that are social 

or recreational; and

    (9) Any other term, condition, or privilege of employment.

    (c) A recipient's obligation to comply with this subpart is not 

affected by any inconsistent term of any collective bargaining agreement 

to which it is a party.



[45 FR 30936, May 9, 1980, as amended at 65 FR 68055, Nov. 13, 2000]