[Code of Federal Regulations]

[Title 45 Volume 4]

[Revised as of October 1, 2006]

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

[CITE: 45CFR1232.9]



[Page 83-84]

 

                        TITLE 45--PUBLIC WELFARE

 

       CHAPTER XII--CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

 

PART 1232_NONDISCRIMINATION ON BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents

 

          Subpart B_Employment and Volunteer Service Practices

 

Sec.  1232.9  General prohibitions against employment and volunteer service discrimination.





    (a) No qualified handicapped person shall, on the basis of handicap, 

be subjected to discrimination in employment or volunteer service under 

any program or activity that receives federal financial assistance.

    (b) A recipient shall make all decisions concerning employment or 

volunteer service 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 or volunteers in any way that adversely affects 

their opportunities or status because of handicap.

    (c) The prohibition against discrimination in employment and 

volunteer service applies to the following activities:

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

employment or volunteer service;

    (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 absence, sick leave, or any other leave;

    (6) Fringe benefits available by virtue of employment or volunteer 

service, whether or not administered by the recipient;



[[Page 84]]



    (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 or 

volunteer service.

    (d) A recipient may not participate in a contractural or other 

relationship that has the effect of subjecting qualified handicapped 

applicants, volunteers 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.

    (e) 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.

    (f) Recipients operating a program or activity under which 

volunteers are assigned to work in a number of work stations will assure 

that a representative sample of work stations are accessible to 

handicapped persons.



[44 FR 31018, May 30, 1979, as amended at 68 FR 51388, Aug. 26, 2003]