(As amended at 61 FR 19982, eff. May 3, 1996.)
As used in this part, the term:
The Act means the
Rehabilitation Act of 1973, Public Law 93-112, as amended by the Rehabilitation
Act Amendments of 1974, Public Law 93-516, and by the Rehabilitation,
Comprehensive Services, and Developmental Disabilities Amendments of 1978,
Public Law 95-602.
Assistant Secretary means the Assistant
Secretary for Employment and Training Administration or his or her designee.
Applicant for assistance means one who submits an application,
request, or plan required to be approved by a Department official or by a
recipient as a condition to becoming a recipient.
Department
means the Department of Labor.
Facility means all or any portion
of the buildings, structures, equipment, roads, walks, parking lots or other
real or personal property or interest in such property which are utilized in the
execution of the program for which Federal financial assistance is received.
Federal financial assistance means any grant, loan, contract
(other than a procurement contract or a contract of insurance or guarantee), or
any other arrangement by which the Department provides or otherwise makes
available assistance in the form of:
(a) Funds;
(b) Services of Federal personnel; or
(c) Real and personal property or any interest in or use of such
property, including:
(1) Transfers or leases of such property for less than fair market value
or for reduced consideration; and
(2) Proceeds from a subsequent transfer or lease of such property if the
Federal share of its fair market value is not returned to the Federal
Government.
Government means the Government of the United States
of America.
Handicap means any condition or characteristic that
renders a person a handicapped individual as defined in this section.
Handicapped individual
(a) Handicapped individual means any person who_
(1) Has a physical or mental impairment which substantially limits one
or more major life activities;
(2) Has a record of such an impairment; or
(3) Is regarded as having such an impairment.
(b) As used in the proceeding paragraph of this section, the phrase:
(1) Physical or mental impairment means_
(i) Any physiological disorder or condition, cosmetic disfigurement, or
anatomical loss affecting one or more of the following body systems:
neurological; musculoskeletal; special sense organs; respiratory, including
speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic
and lymphatic; skin; and endocrine;
(ii) Any mental or psychological disorder, such as mental retardation,
organic brain syndrome, emotional or mental illness, and specific learning
disabilities.
(iii) The term physical or mental impairment includes but is not
limited to such diseases and conditions as orthopedic, visual, speech and
hearing impairments, cerebral palsy, epilepsy, muscular distrophy, multiple
sclerosis, cancer, heart disease, diabetes, mental retardation, emotional
illness, and drug addiction and alcoholism.
(2) Substantially limits means the degree that the impairment
affects an individual becoming a beneficiary of a program or activity receiving
Federal financial assistance or affects an individual's employability. A
handicapped individual who is likely to experience difficulty in securing or
retaining benefits or in securing, or retaining, or advancing in employment
would be considered substantially limited.
(3) Major life activities means functions such as caring for
one's self, performing manual tasks, walking, seeing, hearing, speaking,
breathing, learning, working, and receiving education or vocational training.
(4) Has a record of such an impairment means that the individual
has a history of, or has been misclassified as having, a mental or physical
impairment that substantially limits one or more life activity.
(5) Is regarded as having such an impairment means that the
individual_
(i) Has a physical or mental impairment that does not substantially
limit major life activities but that is treated by a recipient as constituting
such a limitation;
(ii) Has a physical or mental impairment that substantially limits major
life activities only as a result of the attitudes of others toward such
impairment; or
(iii) Has none of the impairments defined in paragraph (b)(1) of this
section but is treated by a recipient as having such an impairment.
Qualified
handicapped individual means:
(a) With respect to employment, an individual with a handicap who is
capable of performing the essential functions of the job or jobs for which he or
she is being considered with reasonable accommodation to his or her handicap;
(b) With respect to services, a handicapped individual who meets
eligibility requirements relevant to the receipt of services provided in the
program;
(c) With respect to employment and to employment related training
programs, a handicapped individual who meets both the eligibility requirements
for participation in the program and valid job or training qualifications with
reasonable accommodation.
Reasonable accommodation means the
changes and modifications which can be made in the structure of a job or
employment and training program, or in the manner in which a job is performed or
an employment and training program is conducted, unless it would impose an undue
hardship on the operation of the recipient's program. Reasonable accommodation
may include:
(a) Making the facilities used by the employees or participants in the
area where the program is conducted, including common areas used by all
employees or participants such as hallways, restrooms, cafeterias and lounges,
readily accessible to and usable by handicapped persons, and
(b) Job restructuring, part-time or modified work schedules, acquisition
or modification of equipment or devices, the provision of readers or
interpreters, and other similar actions.
Recipient means any
state or its political subdivisions, any instrumentality of a State or its
political subdivisions, any public or private agency, institution, organization,
or other entity, or any person to which Federal financial assistance is extended
directly or through another recipient, including any successor, assignee, or
transferee of a recipient, but excluding the ultimate beneficiary of the
assistance.
Secretary means the Secretary of Labor, U.S.
Department of Labor, or his or her designee.
Section 504 means
section 504 of the Act.
Small recipient means a recipient who
serves fewer than 15 beneficiaries, and employs fewer than 15 employees at all
times during a grant year.
United States means the several
states, the District of Columbia, the Virgin Islands, the Commonwealth of Puerto
Rico, Guam, American Samoa and the Trust Territory of the Pacific Islands.