[Code of Federal Regulations]
[Title 29, Volume 1]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR32]

[Page 315-331]
 
                             TITLE 29--LABOR
 
PART 32--NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS AND ACTIVITIES 
RECEIVING OR BENEFITING FROM FEDERAL FINANCIAL ASSISTANCE

                      Subpart A--General Provisions

Sec.
32.1  Purpose.
32.2  Application.
32.3  Definitions.
32.4  Discrimination prohibited.
32.5  Assurances required.
32.6  Remedial action, voluntary action, and self-evaluation.
32.7  Designation of responsible employee.
32.8  Notice.
32.9  Administrative requirements for small recipients.
32.10  Effect of State or local law or other requirements and effect of 
          employment opportunities.

Subpart B--Employment Practices and Employment Related Training Program 
                              Participation

32.12  Discrimination prohibited.
32.13  Reasonable accommodation.
32.14  Job qualifications.
32.15  Preemployment inquiries.
32.16  Listing of employment openings.
32.17  Labor unions and recruiting and training agencies.

                    Subpart C--Program Accessibility

32.26  Discrimination prohibited.
32.27  Access to programs.
32.28  Architectural standards.

                          Subpart D--Procedures

32.44  Compliance information.

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32.45  Investigations.
32.46  Procedure for effecting compliance.
32.47  Hearing practice and procedure.

                      Subpart E--Auxiliary Matters

32.48  Post-termination proceedings.
32.49  Recordkeeping.
32.50  Access to records.
32.51  Rulings and interpretations.

Appendix A to Part 32

    Authority: Sec. 504, Rehabilitation Act of 1973, Pub. L. 93-112, 87 
Stat. 394 (29 U.S.C. 794); sec. 111(a), Rehabilitation Act Amendments of 
1974, Pub. L. 93-516, 88 Stat. 1619 (29 U.S.C. 706); secs. 119 and 122 
of the Rehabilitation Comprehensive Services and Developmental 
Disabilities Amendments of 1978, Pub. L. 95-602, 92 Stat. 2955; 
Executive Order 11914, 41 FR 17871.

    Source: 45 FR 66709, Oct. 7, 1980, unless otherwise noted.

                      Subpart A--General Provisions

Sec. 32.1  Purpose.

    Section 504 of the Rehabilitation Act of 1973 prohibits 
discrimination on the basis of handicap in any program or activity 
receiving or benefiting from Federal financial assistance. The purpose 
of this part is to implement section 504 with respect to programs and 
activities receiving or benefiting from Federal financial assistance 
from the Department of Labor.

Sec. 32.2  Application.

    (a) This part applies to each recipient of Federal financial 
assistance from the Department of Labor, and every program or activity 
that receives or benefits from such assistance, but is limited to the 
particular program for which Federal financial assistance is provided.
    (b) A government contractor covered by the provisions of section 503 
of the Act shall be deemed in compliance with the employment provisions 
of these regulations if it is in compliance with 41 CFR part 60-741 (as 
amended after publication of these regulations) with respect to Federal 
financial assistance from the Department of Labor.

Sec. 32.3  Definitions.

    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

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    (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

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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.

[45 FR 66709, Oct. 7, 1980, as amended at 61 FR 19985, May 3, 1996]

Sec. 32.4  Discrimination prohibited.

    (a) General. No qualified handicapped individual 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 or benefits from Federal financial assistance.
    (b) Discriminatory actions prohibited. (1) A recipient, in providing 
any aid, benefit, service or training, may not, directly or through 
contractual, licensing, or other arrangments, on the basis of handicap:
    (i) Deny a qualified handicapped individual the opportunity to 
participate in or benefit from the aid, benefit, service or training;
    (ii) Afford a qualified handicapped individual an opportunity to 
participate in or benefit from the aid, benefit, service or training 
that is not equal to that afforded others;
    (iii) Provide a qualified handicapped individual with any aid, 
benefit, service or training that is not as effective as that provided 
to others;
    (iv) Provide different or separate aid, benefits, or services to 
handicapped individuals or to any class of handicapped individuals 
unless such action is necessary to provide qualified handicapped 
individuals with aid, benefits, services or training that are as 
effective as those provided to others;
    (v) Aid or perpetuate discrimination against a qualified handicapped 
individual by providing significant assistance to an agency, 
organization, or person that discriminates on the basis of handicap in 
providing any aid, benefit, service or training to beneficiaries of the 
recipient's program;
    (vi) Deny a qualified handicapped individual the opportunity to 
participate as a member of planning or advisory boards; or
    (vii) Otherwise limit a qualified handicapped individual in 
enjoyment of any right, privilege, advantage, or opportunity enjoyed by 
others receiving any aid, benefit, service or training.
    (2) For purposes of this part, aid, benefits, services and training, 
to be equally effective, are not required to produce the identical 
result or level of achievement for handicapped and nonhandicapped 
individuals, but must afford handicapped individuals 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) A recipient may not deny a qualified handicapped individual the 
opportunity to participate in its regular programs or activities, 
despite the existence of separate or different programs or activities 
for the handicapped which are established in accordance with this part.
    (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 
individuals to discrimination on 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 
with respect to handicapped individuals; 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.
    (5) 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 individuals from, 
denying

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them the benefits of, or otherwise subjecting them to discrimination 
under any program or activity that receives or benefits from 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 individuals.
    (6) As used in this section, the aid, benefit, service or training 
provided under a program or activity receiving or benefiting from 
Federal financial assistance includes any aid, benefit, service or 
training provided in or through a facility that has been constructed, 
expanded, altered, leased, rented, or otherwise acquired, in whole or in 
part, with Federal financial assistance.
    (7)(i) In providing services under programs of Federal financial 
assistance, except for employment-related training, a recipient to which 
this subpart applies, except small recipients, shall ensure that no 
handicapped participant is denied the benefits of, excluded from 
participation in, or otherwise subjected to discrimination under the 
program or activity operated by the recipient because of the absence of 
auxiliary aids for participants with impaired sensory, manual or 
speaking skills. In programs of employment and employment-related 
training, this paragraph shall apply only to the intake, assessment and 
referral services. A recipient shall operate each program or activity to 
which this subpart applies so that, when viewed in its entirety, 
auxiliary aids are readily available.
    (ii) Auxiliary aids may include brailled and taped written 
materials, interpreters or other effective methods of making orally 
delivered information available to persons with hearing impairments, 
readers for persons with visual impairments, equipment adapted for use 
by persons with manual impairments, and other similar services and 
actions. Recipients need not provide attendants, individually prescribed 
devices, readers for personal use or study, or other devices or services 
of a personal nature.
    (c) Programs limited by Federal law. The exclusion of nonhandicapped 
persons from the benefits of a program limited by Federal statute on 
Executive order to handicapped individuals or the exclusion of a 
specific class of handicapped individuals from a program limited by 
Federal statute or Executive order to a different class of handicapped 
individuals is not prohibited by this part.
    (d) Integrated setting. Recipients shall administer programs and 
activities in the most integrated setting appropriate to the needs of 
qualified handicapped individuals.
    (e) Communications with individuals with impaired vision and 
hearing. Recipients shall take appropriate steps to ensure that 
communications with their applicants, employees, and beneficiaries are 
available to persons with impaired vision and hearing.

Sec. 32.5  Assurances required.

    (a) Assurances. An applicant for Federal financial assistance for a 
program or activity to which this part applies shall submit an 
assurance, on a form specified by the Assistant Secretary, that the 
program will be operated in compliance with this part. An applicant may 
incorporate these assurances by reference in subsequent applications to 
the Department.
    (b) Duration of obligation. (1) In the case of Federal financial 
assistance extended in the form of real property or structures on the 
property, the assurance will obligate the recipient or, in the case of a 
subsequent transfer, the transferee, for the period during which the 
real property or structures are used for the purpose involving the 
provision of similar services or benefits.
    (2) In the case of Federal financial assistance extended to provide 
personal property, the assurance will obligate the recipient for the 
period during which it retains ownership or possession of the property.
    (3) In all other cases the assurance will obligate the recipient for 
the period during which Federal financial assistance is extended or the 
federally-funded program is operated, whichever is longer.
    (c) Covenants. (1) Where Federal financial assistance is provided in 
the form of real property or interest in the property from the 
Department, the instrument effecting or recording this

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transfer shall contain a covenant running with the land to assure 
nondiscrimination for the period during which the real property is used 
for a purpose for which the Federal financial assistance is extended or 
for another purpose involving the provision of similar services or 
benefits.
    (2) Where no Federal transfer of property is involved but property 
is purchased or improved with Federal financial assistance, the 
recipient shall agree to include the covenant described in paragraph 
(c)(1) of this section in the instrument effecting or recording any 
subsequent transfer of the property.
    (3) Where Federal financial assistance is provided in the form of 
real property or interest in the property from the Department, the 
covenant shall also include a condition coupled with a right to be 
reserved by the Department to revert title to the property in the event 
of a breach of the covenant. If a transferee of real property proposes 
to mortgage or otherwise encumber the real property as security to 
finance construction of new, or improvement of existing, facilities on 
the property for the purposes for which the property was transferred, 
the Assistant Secretary may agree to forbear the exercise of such right 
to revert title for so long as the lien of such mortgage or other 
encumbrance remains effective. Such an agreement by the Assistant 
Secretary may be entered into only upon the request of the transferee 
(recipient) if it is necessary to accomplish such financing and upon 
such terms and conditions as the Assistant Secretary deems appropriate.
    (d) Interagency agreements. Where funds are granted by the 
Department to another Federal agency to carry out a program under a law 
administered by the Department, and where the grant obligates the 
recipient agency to comply with the rules and regulations of the 
Department applicable to that grant the provisions of this part shall 
apply to programs and activities operated with such funds.

Sec. 32.6  Remedial action, voluntary action, and self-evaluation.

    (a) Remedial action. (1) If the Assistant Secretary finds that a 
recipient has discriminated against persons on the basis of handicap in 
violation of section 504 of this part, the recipient shall take such 
remedial action as the Assistant Secretary deems necessary to overcome 
the effects of the discrimination.
    (2) Where a recipient is found to have discriminated against persons 
on the basis of handicap in violation of section 504 or this part and 
where another recipient exercises control over the recipient that has 
discriminated, the Assistant Secretary, where appropriate, may require 
either or both recipients to take remedial action.
    (3) The Assistant Secretary may, where necessary to overcome the 
effects of discrimination in violation of section 504 or this part, 
require a recipient to take remedial action:
    (i) With respect to handicapped individuals who would have been 
participants in the program had the discrimination not occurred; and
    (ii) With respect to handicapped persons who are no longer 
participants in the recipient's program but who were participants in the 
program when the discrimination occurred; and
    (iii) With respect to employees and applicants for employment.
    (b) Voluntary action. A recipient may take steps, in addition to any 
action that is required by this part, to overcome the effects of 
conditions that resulted in limited participation in the recipient's 
program or activity by qualified handicapped individuals.
    (c) Self-evaluation. (1) A recipient shall, within one year of the 
effective date of this part:
    (i) Evaluate, with the assistance of interested persons who are 
selected by the recipient, including handicapped individuals or 
organizations representing handicapped individuals, its current policies 
and practices and the effects thereof that do not or may not meet the 
requirements of this part;
    (ii) Modify, after consultation with interested persons who are 
selected by the recipient, including handicapped individuals or 
organizations representing handicapped individuals, any policies and 
practices that do not meet the requirements of this part; and
    (iii) Take, after consultation with interested persons who are 
selected by

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the recipient, including handicapped individuals or organizations 
representing handicapped individuals, appropriate remedial steps to 
eliminate the effects of any discrimination that resulted from adherence 
to these policies and practices.
    (2) A recipient, other than a small recipient, shall for at least 
three years following completion of the evaluation required under 
paragraph (c)(1) of this section, maintain on file, make available for 
public inspection, and provide to the Assistant Secretary upon request:
    (i) A list of the interested persons consulted;
    (ii) A description of areas examined and any problems identified; 
and
    (iii) A description of any modifications made and of any remedial 
steps taken.

Sec. 32.7  Designation of responsible employee.

    A recipient, other than a small recipient shall designate at least 
one person to coordinate its efforts to comply with this part.

Sec. 32.8  Notice.

    (a) A recipient, other than a small recipient, shall take 
appropriate initial and continuing steps to notify participants, 
beneficiaries, referral sources, applicants, and employees, including 
those with impaired vision or hearing, and unions or professional 
organizations which have collective bargaining or professional 
agreements with the recipient, that it does not discriminate on the 
basis of handicap in violation of section 504 and of this part. The 
notification shall state, where appropriate, that the recipient does not 
discriminate in the admission or access to, or treatment or employment 
in, its programs and activities. The notification shall also include an 
identification of the responsible employee designated pursuant to 
Sec. 32.7. A recipient shall make the initial notifications required by 
this paragraph within 90 days of the effective date of this part. 
Methods of initial and continuing notification may include the posting 
of notices, publication in newspapers and magazines, placement of 
notices in recipient's publications, and distribution of memoranda or 
other written communications.
    (b) If a recipient publishes or uses recruitment materials or 
publications containing general information that it makes available to 
participants, beneficiaries, applicants, or employees, it shall include 
in those materials or publications a statement of the policy described 
in paragraph (a) of this section. A recipient may meet the requirement 
of this paragraph either by including appropriate inserts in existing 
materials and publications or by revising and reprinting the materials 
and publications.

Sec. 32.9  Administrative requirements for small recipients.

    The Assistant Secretary may require any recipient that provides 
services to fewer than 15 beneficiaries or with fewer than 15 employees, 
or any class of such recipients, to comply with Secs. 32.7 and 32.8, in 
whole or in part, when the Assistant Secretary finds a violation of this 
part or finds that such compliance will not significantly impair the 
ability of the recipient or class of recipients to provide benefits or 
services.

Sec. 32.10  Effect of State or local law or other requirements and 
          effect of employment opportunities.

    (a) The obligation to comply with this part is not obviated or 
alleviated by the existence of any state or local law or other 
requirement that, on the basis of handicap, imposes prohibitions or 
limits upon the eligibility of qualified handicapped individuals to 
receive services, participate in programs or practice any occupation or 
profession.
    (b) The obligation to comply with this part is not obviated or 
alleviated because employment opportunities in any occupation or 
profession are or may be more limited for handicapped individuals than 
for nonhandicapped persons.

Subpart B--Employment Practices and Employment Related Training Program 
                              Participation

Sec. 32.12  Discrimination prohibited.

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

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handicap, be subjected to discrimination in employment under any program 
or activity to which this part applies. This subpart is applicable to 
employees and applicants for employment with all recipients and to 
participants in employment and training programs financed in whole or in 
part by Federal financial assistance.
    (2) A recipient shall make all decisions concerning employment or 
training under any program or activity to which this subpart 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 participants in any way that adversely affects their 
opportunities or status because of handicap.
    (3) A recipient may not participate in a contractual or other 
relationship that has the effect of subjecting qualified handicapped 
applicants, employees or participants to discrimination prohibited by 
this subpart. The relationships referred to in this subparagraph 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 apprenticeship programs.
    (b) Specific activities. The provisions of this subpart apply to:
    (1) Recruitment advertising, and the processing of applicants 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 absence, sick leave, or any other leave;
    (6) Fringe benefits available by virture 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 social or recreational 
programs; and
    (9) Any other term, condition, or privilege of employment.
    (c) Collective bargaining agreements. Whenever a recipient's 
obligation to comply with this subpart and to correct discriminatory 
practices impacts on and/or necessitates changes in a term of a 
collective bargaining agreement(s) to which the recipient is a party, 
the recipient shall attempt to achieve compliance consistent with the 
provisions of Sec. 32.17(a). However a recipient's obligation to comply 
with this subpart is not relieved by a term of any such collective 
bargaining agreement(s).
    (d) Compensation. In offering employment or promotions to 
handicapped individuals, the recipient shall not reduce the amount of 
compensation offered because of any disability income, pension or other 
benefit the applicant or employee receives from other source.

Sec. 32.13  Reasonable accommodation.

    (a) A recipient shall make reasonable accommodation to the known 
physical or mental limitations of an otherwise qualified handicapped 
applicant, employee or participant unless the recipient can demonstrate 
that the accommodation would impose an undue hardship on the operation 
of its program.
    (b) In determining pursuant to paragraph (a) of this section whether 
an accommodation would impose an undue hardship on the operation of a 
recipient's program, factors to be considered include;
    (1) The overall size of the recipient's program with respect to 
number of employees, number of participants, number and type of 
facilities, and size of budget;
    (2) The type of the recipient's operation, including the composition 
and structure of the recipient's workforce, and duration and type of 
training program; and
    (3) The nature and cost of the accommodation needed.
    (c) A recipient may not deny any employment or training opportunity 
to a

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qualified handicapped employee, applicant or participant if the basis 
for the denial is the need to make reasonable accommodation to the 
physical or mental limitations of the employee, applicant or 
participant.
    (d) Nothing in this paragraph shall relieve a recipient of its 
obligation to make its program accessible as required in subpart C of 
this part, or to provide auxiliary aids, as required by Sec. 32.4(b)(7).

Sec. 32.14  Job qualifications.

    (a) The recipient shall provide for, and shall adhere to, a schedule 
for the review of the appropriateness of all job qualifications to 
ensure that to the extent job qualifications tend to exclude handicapped 
individuals because of their handicap, they are related to the 
performance of the job and are consistent with business necessity and 
safe performance.
    (b) Whenever a recipient applies job qualifications in the selection 
of applicants, employees or participants for employment or training or 
other change in employment status such as promotion, demotion or 
training, which would tend to exclude handicapped individuals because of 
their handicap, the qualifications shall be related to the specific job 
or jobs for which the individual is being considered and shall be 
consistent with business necessity and safe performance. The recipient 
shall have the burden to demonstrate that it has complied with the 
requirements of this paragraph.

Sec. 32.15  Preemployment inquiries.

    (a) Except as provided in paragraphs (b) and (c) of this section, a 
recipient may not conduct preemployment medical examinations or make 
preemployment inquiry of an applicant for employment or training as to 
whether the applicant is a handicapped person or as to the nature or the 
severity of a handicap. A recipient may, however, make preemployment 
inquiry into an applicant's ability to perform job-related functions.
    (b) When a recipient is taking remedial action to correct the 
effects of past discrimination, when a recipient is taking voluntary 
action to overcome the effects of conditions that resulted in limited 
paticipation in its federally-assisted program or activity, or when a 
recipient is taking affirmative action pursuant to section 503 of the 
Act, the recipient may invite applicants for employment or training to 
indicate whether and to what extent they are handicapped if:
    (1) The recipient states clearly on any written questionnaire used 
for this purpose or makes clear orally, if no written questionnaire is 
used, that the information requested is intended for use solely in 
connection with its remedial action obligations or its voluntary or 
affirmative action efforts.
    (2) The recipient states clearly that the information is being 
requested on a voluntary basis, that it will be kept confidential as 
provided in paragraph (d) of this section, that refusal to provide it 
will not subject the applicant, employee or participant to any adverse 
treatment, and that it will be used only in accordance with this part.
    (c) An employer who routinely requires medical examinations as part 
of the employment selection process must demonstrate that each of the 
requirements of this subsection are met:
    (1) The medical examination shall be performed by a physician 
qualified to make functional assessments of individuals in a form which 
will express residual capacity for work or training. Such an assessment 
does not require clinical determinations of disease or disability, but 
shall provide selecting or referring officials sufficient information 
regarding any functional limitations relevant to proper job placement or 
referral to appropriate training programs. Factors which may be assessed 
may include, for example, use of limbs and extremities, mobility and 
posture, endurance and energy expenditure, ability to withstand various 
working conditions and environments, use of senses and mental capacity;
    (2) The results of the medical examination shall be specific and 
objective so as to be susceptible to review by independent medical 
evaluators and shall be transmitted to the applicant or employee at the 
same time as the employing official;
    (3) The results of the medical examination shall not be used to 
screen out qualified applicants and employees but

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to determine proper placement and reasonable accommodation. The 
employing official using physical or mental information obtained 
pursuant to this section should be familiar with physical or mental 
activities involved in performing the job, and the working conditions 
and environment in which it is carried out. If the applicant is being 
considered for a variety of jobs having different requirements or 
skills, the employing official should make a functional assessment of 
the physical or mental demands of the jobs in order to match the 
applicant with the most suitable vacancy;
    (4) All of potential employees for the jobs are subjected to the 
medical examination;
    (5) The procedures for using medical examinations or the medical 
information shall be constructed in such a manner that:
    (i) A conditional job offer was made or the individual was 
conditionally placed in a job pool or conditionally placed on an 
eligibility list prior to the medical examination being performed; or
    (ii) The results of the medical examination were considered by the 
employing official only after a conditional decision to make a job offer 
or the individual had been placed conditionally in a job pool or 
conditionally placed on an eligibility list; that is the medical results 
were the last factor evaluated by the employing officials before a final 
decision to make an offer of employment was made.
    (6) Unless a conditional job offer is made prior to the medical 
examination, all potential employees for the job shall be informed at 
the time of the medical examination that:
    (i) The results of the medical examination are the last factor 
evaluated by the employing official before a final decision to make an 
offer of employment is made, and
    (ii) The medical examination results shall be transmitted to the 
employing official and the applicant only after a conditional decision 
to make a job offer has been made.
    (d) Information obtained in accordance with this section as to the 
medical condition or history of the applicant shall be collected and 
maintained on separate forms that shall be accorded confidentiality as 
medical records, except that:
    (1) Employing officials may obtain the information after making a 
conditional decision to make a job offer to the applicant or the 
applicant was placed conditionally in a job pool or placed conditionally 
on an eligibility list.
    (2) Supervisors and managers may be informed regarding restricions 
on the work or duties of qualified handicapped persons and regarding 
necessary accommodations;
    (3) First aid and safety personnel may be informed, where 
appropriate, if the condition might require emergency treatment; and
    (4) Government officials investigating compliance with the Act shall 
be provided information upon request.

Sec. 32.16  Listing of employment openings.

    Recipients should request State employment security agencies to 
refer qualified handicapped individuals for consideration for 
employment.

Sec. 32.17  Labor unions and recruiting and training agencies.

    (a) The performance of a recipient's obligations under the 
nondiscrimination provisions of these regulations may necessitate a 
revision in a collective bargaining agreement(s). The policy of the 
Department of Labor is to use its best efforts, directly or through the 
recipients, subgrantees, local officials, vocational rehabilitation 
facilities, and other available instrumentalities, to cause any labor 
union, recruiting and training agency or other representative or workers 
who are or may be engaged in work under programs of Federal financial 
assistance to cooperate with, and to comply in the implementation of 
section 504.
    (b) To effectuate the purposes of paragraph (a) of this section, the 
Assistant Secretary may hold hearings, public or private, with respect 
to the practices and policies of any such labor union or recruiting and 
training agency.

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    (c) Whenever compliance with section 504 necessitates a revision of 
a collective bargaining agreement or otherwise significantly affects a 
substantial number of employees represented by the union, the collective 
bargaining representatives shall be given an opportunity to present 
their views to the Assistant Secretary.
    (d) The Assistant Secretary may notify any Federal, State, or local 
agency of his/her conclusions and recommendations with respect to any 
such labor organization or recruiting and training agency which in his/
her judgment has failed to cooperate with the Department of Labor, 
recipients, subgrantees or applicants in carrying out the purposes of 
section 504. The Assistant Secretary also may notify other appropriate 
Federal agencies when there is reason to believe that the practices of 
any such labor organization or agency violates other provisions of 
Federal law.

                    Subpart C--Program Accessibility

Sec. 32.26  Discrimination prohibited.

    No qualified handicapped individual shall, because a recipient's 
facilities are inaccessible to or unusable by handicapped individuals, 
be denied the benefits of, be excluded from participation in, or 
otherwise be subjected to discrimination under any program or activity 
to which this part applies.

Sec. 32.27  Access to programs.

    (a) Purpose. A recipient shall operate each program or activity to 
which this part applies so that the program or activity, when viewed in 
its entirety, is readily accessible to qualified handicapped 
individuals. This paragraph does not require a recipient to make each of 
its existing facilities or every part of a facility accessible to and 
usable by qualified handicapped individuals. However, if a particular 
program is available in only one location, that site must be made 
accessible or the program must be made available at an alternative 
accessible site or sites. Program accessibility requires nonpersonal 
aids to make the program accessible to mobility impaired persons. 
Reasonable accommodations, as defined in Sec. 32.3, are required for 
particular handicapped individuals in response to the specific 
limitations of their handicaps.
    (b) Scope and application. (1) For the purpose of this subpart, 
prime sponsors under the Comprehensive Employment and Training Act and 
any other individual or organization which receives a grant directly 
from the Department to establish or operate any program or activity 
shall assure that the program or activity, including Public Service 
Employment, Work Experience, Classroom Training and On-the-Job-Training, 
when viewed in its entirety, is readily accessible to qualified 
handicapped individuals.
    (2) Job Corps. All agencies, grantees, or contractors which screen 
or recruit applicants for the Job Corps shall comply with the 
nondiscrimination provisions of this part. Each regional office of the 
Department of Labor's Employment and Training Administration which makes 
the decision on the assignment of a Job Corps applicant to a particular 
center may, where it finds, after consultation with the qualified 
handicapped person seeking Job Corps services, that there is no method 
of complying with Sec. 32.27(a) at a particular Job Corps Center, other 
than by making a significant alteration in its existing facilities or in 
its training programs, assign that individual to another Job Corps 
Center which is accessible in accordance with this section and which is 
offering comparable training. The Job Corps, and each regional office of 
the Employment and Training Administration, shall assure that the Job 
Corps Program, when viewed in its entirety, is readily accessible to 
qualified handicapped individuals and that all future construction, 
including improvements to existing Centers, be made accessible to the 
handicapped.
    (3) If a small recipient finds, after consultation with a qualified 
handicapped person seeking its services, that there is no method of 
complying with Sec. 32.27(a) other than making a significant alteration 
in its existing facilities or facility the recipient may, as an 
alternative, refer the qualified handicapped person to other providers 
of those services that are accessible.
    (c) Methods. A recipient may comply with the requirement of 
Sec. 32.27(a)

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through such means as redesign of equipment, reassignment of classes or 
other services to accessible buildings, assignment of aides to 
beneficiaries, home visits, delivery of services at alternate accessible 
sites, alteration of existing facilities and construction of new 
facilities in conformance with the requirements of Sec. 32.28, or any 
other method that results in making its program or activity accessible 
to handicapped individuals. A recipient is not required to make 
structural changes in existing facilities where other methods are 
effective in achieving compliance with Sec. 32.27(a). In choosing among 
available methods for meeting the requirement of Sec. 32.27(a), a 
recipient shall give priority to those methods that offer programs and 
activities to handicapped persons in the most integrated setting 
appropriate.
    (d) Time period. A recipient shall comply with the requirements of 
Sec. 32.27(a) within 60 days of the effective date of this part except 
that where structural changes in facilities are necessary, such changes 
shall be made within three years of the effective date of this part, but 
in any even as expeditiously as possible.
    (e) Transition plan. In the event that structural changes to 
facilities are necessary to meet the requirement of Sec. 32.27(a), a 
recipient shall develop, within six months of the effective date of this 
part, a transition plan setting forth the steps necessary to complete 
such changes. The plan shall be developed with the assistance of 
interested persons, including qualified handicapped individuals. A copy 
of the transition plan shall be made available for public inspection. 
The plan shall, at a minimum:
    (1) Identify physical obstacles in the recipient's facilities that 
limit the accessibility of its program or activity to qualified 
handicapped individuals;
    (2) Describe in detail the methods that will be used to make the 
facilities accessible;
    (3) Specify the schedule for taking the steps necessary to achieve 
full program accessibility and, if the time period of the transition 
plan is longer than one year, identify steps that will be taken during 
each year of the transition period; and
    (4) Indicate the person responsible for implementation of the plan.
    (f) Notice. The recipient shall adopt and implement procedures to 
ensure that interested persons, including persons with impaired vision 
or hearing, can obtain information as to the existence and location of 
services, activities, and facilities that are accessible to and usable 
by qualified handicapped individuals.

Sec. 32.28  Architectural standards.

    (a) Design and construction. Each facility or part of a facility 
constructed by, on behalf of, or for the use of a recipient shall be 
designed and constructed in such manner that the facility or part of the 
facility is readily accessible to and usable by qualified handicapped 
individuals, if the construction was commenced after the effective date 
of this part.
    (b) Alteration. Each facility or part of a facility which is altered 
by, on behalf of, or for the use of a recipient after the effective date 
of this part in a manner that affects or could affect the usability of 
the facility or part of the facility shall, to the maximum extent 
feasible, be altered in such manner that the altered portion of the 
facility is readily accessible to and usable by qualified handicapped 
individuals.
    (c) Standards for architectural accessibility. Design, construction, 
or alteration of facilities under this subpart shall meet the most 
current standards for physical accessibility prescribed by the General 
Services Administration under the Architectural Barriers Act at 41 CFR 
101-19.6. Alternative standards may be adopted when it is clearly 
evident that equivalent or greater access to the facility or part of the 
facility is thereby provided.

                          Subpart D--Procedures

Sec. 32.44  Compliance information.

    (a) Cooperation and assistance. The Assistant Secretary shall to the 
fullest extent practicable seek the cooperation of recipients in 
obtaining compliance with this part and shall provide assistance and 
guidance to recipients to help them comply voluntarily with this part.

[[Page 327]]

    (b) Compliance reports. Each recipient shall keep such records and 
submit to the Assistant Secretary timely, complete and accurate 
compliance reports at such times, and in such form and containing such 
information as the Assistant Secretary may determine to be necessary to 
enable him to ascertain whether the recipient had complied or is 
complying with this part. For example, recipients should have available 
for the Department data showing the extent to which known handicapped 
individuals are beneficiaries and participants in federally assisted 
programs. In the case of any program under which a primary recipient 
extends Federal financial assistance to any other recipient, such other 
recipient shall also submit such compliance reports to the primary 
recipient as may be necessary to enable the primary recipient to carry 
out its obligations under this part.
    (c) Access to sources of information. Each recipient shall permit 
access by the Assistant Secretary during normal business hours to such 
of its books, records, accounts, and other sources of information and 
its facilities as may be pertinent to ascertain compliance with this 
part. Where any information required of a recipient is in the exclusive 
possession of any other agency, institution or person and this agency, 
institution or person shall fail or refuse to furnish this information, 
the recipient shall so certify in its report and shall set forth what 
efforts it has made to obtain the information. Asserted considerations 
of privacy or confidentiality may not operate to bar the Department from 
access to or copying of records or information, or from evaluating or 
seeking to enforce compliance with this part.
    (d) Posters and information. The recipient will post in prominent 
locations (bulletin boards, time clock areas, etc.) posters designed and 
furnished by DOL outlining and summarizing the nondiscrimination 
requirements of section 504. The recipient also will make readily 
available information on section 504 requirements with respect to 
compliance procedures, the rights of beneficiaries and employees through 
handbooks, pamphlets and other materials furnished by DOL.

Sec. 32.45  Investigations.

    (a) Periodic compliance reviews. The Assistant Secretary shall from 
time-to-time review the practices of recipients to determine whether 
they are complying with this part.
    (b) Adoption of grievance procedures. A recipient shall adopt an 
internal review procedure incorporating appropriate due process 
standards which provides for the prompt and equitable resolution of 
complaints alleging any action prohibited by this part. The complainant 
or his or her representative shall file the complaint with the recipient 
for processing under those procedures. A complaint must be filed not 
later than 180 days from the date of the alleged discrimination, unless 
the time for filing is extended by the Assistant Secretary for good 
cause shown. The recipient shall maintain records on all complaints 
filed alleging violation of the Act and shall make such records 
available to the Assistant Secretary upon request. The complaint and all 
actions take thereunder shall be kept confidential by the recipient. If 
the complaint has not been resolved under those procedures 
satisfactorily to the complainant within 60 days of the filing or 
referral, the complainant or his or her representative may file a 
complaint with the Assistant Secretary within 30 days of the recipient 
level decision or 90 days from the date of filing the complaint, 
whichever is earlier. Upon such filing, the Assistant Secretary will 
proceed as provided in this section. Exhaustion of recipient level 
procedures shall be required except where:
    (1) The recipient has not acted within the timeframe specified in 
this section; or
    (2) The recipient's procedures are not in compliance with this 
section; or
    (3) An emergency situation is determined to exist by the Assistant 
Secretary.
    (c) Complaints. Where recipient level procedures have been 
exhausted, any person who believes he or she or any specific class of 
individuals has been subjected to discrimination prohibited by this part 
may (or through an authorized representative) file a written complaint 
with the Assistant Secretary.

[[Page 328]]

    (d) Contents of complaints. Complaints must be signed by the 
complainant or his or her authorized representative and must contain the 
following information:
    (1) Name and address (including telephone or TTY number) of the 
complainant;
    (2) Name and address of the recipient or sub-grantee who committed 
the alleged violation;
    (3) A description of the act or acts considered to be a violation;
    (4) A statement that the individual is handicapped or has a history 
of a handicap or other documentation of impairment or was regard by the 
recipient as having an impairment; and
    (5) Other pertinent information available which will assist in the 
investigation and resolution of the complaint.
    (e) Incomplete information. Where a complaint contains incomplete 
information, the Assistant Secretary shall seek the needed information 
or any other information which indicates a possible failure to comply 
with this part from the complainant and shall be responsible for 
developing a complete record. If such information is not provided within 
60 days, the complaint may be closed upon notice to the parties.
    (f) Resolution of matters. Where an investigation indicates that the 
recipient has not complied with the requirements of the Act or this 
part, efforts shall be made to secure compliance through conciliation 
and persuasion within a reasonable time. Before the recipient or 
subgrantee can be found to be in compliance, it must make a specific 
commitment, in writing, to take corrective action to meet the 
requirements of the Act and this part. The commitment must indicate the 
precise action to be taken and dates for completion. The time period 
allowed should be no longer than the minimum period necessary to effect 
such changes. Upon approval of such commitment by the Assistant 
Secretary, the recipient may be considered in compliance on condition 
that the commitments are kept. Where the investigation indicates a 
violation of the Act or regulations in this part (and the matter has not 
been resolved by informal means), the Assistant Secretary shall afford 
the recipient an opportunity for a hearing in accordance with 
Sec. 32.47.
    (g) Intimidatory or retaliatory acts prohibited. The sanctions and 
penalties contained in this regulation may be exercised by the Assistant 
Secretary against any recipient or sub-grantee who fails to take all 
necessary steps to ensure that no person intimidates, threatens, coerces 
or discriminates against any individual for the purpose of interfering 
with the filing of a complaint, furnishing information, or assisting or 
participating in any manner in an investigation, compliance review, 
hearing, or any other activity related to the administration of the Act.

Sec. 32.46  Procedure for effecting compliance.

    (a) General. If there appears to be a failure or threatened failure 
to comply with this regulation and if the noncompliance or threatened 
noncompliance cannot be corrected by informal means, the Department may 
suspend, terminate or refuse to grant or to continue Federal financial 
assistance or take any other means authorized by law. Such other means 
may include, but are not limited to:
    (1) A referral to the Department of Justice with a recommendation 
that appropriate proceedings be brought to enforce any rights of the 
United States under any law of the United States or any assurance; and
    (2) Any applicable proceeding under state or local law.
    (b) Noncompliance with the requirements of this part. If a recipient 
fails or refuses to comply with a requirement imposed by or pursuant to 
this part, the Department may institute an administrative enforcement 
proceeding to compel compliance with the requirement, to seek 
appropriate relief, and or to terminate Federal financial assistance in 
accordance with the procedures of paragraph (c) of this section. The 
Department shall not be required to provide assistance in such a case 
during the pendency of the administrative proceedings under such 
paragraph if grants have not yet been approved or funds not yet 
committed to the recipient. However, the Department shall

[[Page 329]]

continue assistance during the pendency of such proceedings where such 
assistance is due and payable pursuant to an application therefor 
approved prior to the effective date of this part.
    (c) Termination of or refusal to grant or to continue Federal 
financial assistance. No order suspending, terminating or refusing to 
grant or continue Federal financial assistance shall become effective 
until:
    (1) The Assistant Secretary has advised the applicant or recipient 
of its failure to comply and compliance has not been secured by 
voluntary means; and
    (2) There has been an express finding on the record, after 
opportunity for hearing, of a failure by the applicant or recipient to 
comply with a requirement imposed by or pursuant to this part. Any 
action to suspend or terminate or to refuse to grant or to continue 
Federal financial assistance shall be limited to the particular 
political entity, or part thereof, or other applicant or recipient as to 
whom such a finding has been made and shall be limited in its effect to 
the particular program, or part thereof, in which such noncompliance has 
been so found.
    (d) Other means authorized by law. No action to effect compliance by 
any other means authorized by law shall be taken until:
    (1) The Assistant Secretary has determined that compliance cannot be 
secured by voluntary means;
    (2) The recipient or other person has been notified of its failure 
to comply and of the action to be taken to effect compliance; and
    (3) The expiration of at least 10 days from the mailing of such 
notice to the recipient or other person.

Sec. 32.47  Hearing practice and procedure.

    (a) All hearings conducted under section 504 of the Rehabilitation 
Act of 1973, as amended, and the regulations in this part shall be 
governed by the Department of Labor's rules of practice for 
administrative proceedings to enforce title VI of the Civil Rights Act 
of 1964 contained in 29 CFR part 31.
    (b) For the purposes of hearings pursuant to this part 32, 
references in 29 CFR part 31 to title VI of the Civil Rights Act of 1964 
shall mean section 504 of the Rehabilitation Act of 1973, as amended.
    (c) The Assistant Secretary from time-to-time may assign to 
officials of other departments or agencies of the Government or of the 
Department of Labor (with the consent of such department or agency) 
responsibilities in connection with the effectuation of the purposes of 
section 504 of the Act and this part (other than responsibility for 
final decisions as provided in Sec. 32.46), including the achievement of 
effective coordination and maximum uniformity within the Department and 
within the executive branch of the Government in the application of 
section 504 and this part to similar programs and in similar situations.
    (d) Any action taken, determination made, or requirement imposed by 
an official of another Department or agency acting pursuant to an 
assignment of responsibility under this subsection shall have the same 
effect as though such action had been taken by the Secretary.

                      Subpart E--Auxiliary Matters

Sec. 32.48  Post-termination proceedings.

    (a) An applicant or recipient adversely affected by an order 
suspending, terminating or refusing to grant or continue Federal 
financial assistance shall be restored to full eligibility to receive 
Federal financial assistance if it satisfies the terms and conditions of 
that order for such eligibility, brings itself into compliance with this 
part and satisfies the Assistant Secretary that it will fully comply 
with section 504 and this part.
    (b) Any applicant or recipient adversely affected by an order 
suspending, terminating or refusing to grant or continue Federal 
financial assistance may request the Assistant Secretary to restore 
fully its eligibility to receive Federal financial assistance. Any such 
request shall be supported by information showing that the applicant or 
recipient has met the requirements of subparagraph (a) of this 
paragraph. If the Assistant Secretary determines that those requirements 
have been satisfied, the applicant's or recipient's eligibility shall be 
restored.

[[Page 330]]

    (c) If the Assistant Secretary denies any such request, the 
applicant or recipient may submit a written request for a hearing, 
specifying why it believes the Assistant Secretary to have been in 
error. It shall thereupon be given an expeditious hearing, with a 
decision on the record, in accordance with rules of procedure specified 
in this part. The applicant or recipient will be restored to such 
eligibility if it proves at such hearing that it satisfied the 
requirements of paragraph (a) of this section. While proceedings under 
this paragraph are pending, the sanctions imposed by the order 
suspending, terminating or refusing to grant or continue Federal 
financial assistance shall remain in effect.

Sec. 32.49  Recordkeeping.

    (a) Each recipient shall maintain for a period of not less than 
three years records regarding complaints and actions taken thereunder, 
and such employment or other records as required by the Assistant 
Secretary or by this part and shall furnish such information in the form 
required by the Assistant Secretary or as the Assistant Secretary deems 
necessary for the administration of the Act and regulations in this 
part.
    (b) Failure to maintain and furnish complete and accurate records as 
required under this section is a ground for the imposition of 
appropriate sanctions.

Sec. 32.50  Access to records.

    Each recipient shall permit access and copying during normal 
business hours to its places of business, books, records and accounts 
pertinent to compliance with the Act, and all rules and regulations 
promulgated pursuant thereto for the purposes of investigation.

Sec. 32.51  Rulings and interpretations.

    Ruling under or interpretations of the Act and the regulations 
contained in this part 32 shall be made by the Assistant Secretary.

                          Appendix A to Part 32

    Accommodations may take many forms based on the type of handicap and 
the needs of the individual. In developing appropriate accommodations, 
the individual should be consulted as to particular needs.
    The following is a list of possible types of accommodations provided 
for guidance and technical assistance. These suggestions are not 
mandatory, and other forms of accommodation not described herein may be 
required if they are appropriate to meet the needs of particular 
handicapped individuals.

              Accommodations for Participants and Employees

    (a) Job restructuring means the procedure which includes:
    (1) Identifying the separate tasks that comprise a job or group of 
jobs;
    (2) Developing new position descriptions which retain some of the 
tasks of the original job; and
    (3) Developing a career ladder which builds upward from the new 
positions which contain the lesser skilled tasks to regular jobs. A 
restructured job can be clearly different from the original one in terms 
of skills, knowledge, abilities, and work experience needed to perform 
the work. Job restructuring is intended to maximize the abilities of the 
particular handicapped person and is not intended to permit a recipient 
to underemploy or job-stereotype that person. A restructured job, for 
example, could be one in which the more highly skilled but physically 
less demanding duties are retained, e.g. operating controls and switches 
in a steel mill, and less skilled, physically taxing duties, e.g. 
lifting, pulling, are reassigned to non-handicapped employees.
    (b) Modify job or program schedules, for example, by allowing for a 
flexible schedule a few days a week so that a participant or employee 
may undergo medical treatment or therapy. Work-times or participation in 
program activities may also be altered to permit handicapped individuals 
to travel to and from work during non-rush hours. For employees or 
participants who become unable to perform the duties of their positions 
because of a physical or mental condition, recipients may be required to 
grant liberal time off or leave without pay when paid sick leave is 
exhausted and when the disability is of a nature that it is likely to 
respond to treatment of hospitalization. See, e.g., 339 Federal 
Personnel Manual-1-3(b)(1).
    (c) Modify program and work procedures and training time.
    (d) Relocate particular offices or jobs or program activities so 
that they are in facilities accessible to and usable by qualified 
handicapped persons. For example, an employee or participant with a 
respiratory ailment can be placed in a ``nonsmoking'' and/or well-
ventilated office.
    (e) Acquire or modify equipment or devices. For hearing-impaired 
participants or

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employees, this may include placing amplifiers on telephone receivers, 
making telephone equipment compatible with hearing aids, providing 
flashing lights to supplement telephone rings or installing 
telecommunications devices (TDD's or TTY's). For blind participants or 
employees, this may include providing tape recorders or dictating 
machines for those who cannot type. For wheelchair-users, this may 
include raising on blocks a desk that is otherwise too low for the 
employee, rather than purchasing a specially-made desk. A recipient is 
not obligated to acquire or modify equipment that enables a participant 
or employee to perform a particular job or participate in a particular 
program until after an employee with a need for these modifications is 
hired for a particular office or admitted to a program.
    (f) Provide readers, interpreters, and similar assistance as needed 
for deaf, blind and other handicapped participants or employees. In most 
instances, this would not require a full-time assistant.
    (g) Decrease reliance solely on one form of communication. For 
example, for deaf participants or employees this may include 
supplementing program or job orientation sessions with written manuals 
and other visual materials. If appropriate, a visual warning system 
should be installed. It may also include providing flashing lights to 
supplement auditory signals such as sirens and alarm bells. For blind 
employees, this may include making some communications available in 
braille, enlarged print, or on cassette recordings. A recipient should 
tailor the accommodations listed above to the needs of the individual 
participants or employees who have been admitted to a particular program 
or hired for a particular office.
    (h) Provide human relations-sensitivity training on issues 
pertaining to handicapped discrimination to all recipient employees.
    (i) Conduct ongoing training and planning sessions with recipient 
supervisors, managers, personnel, technical experts and disability 
rights advocates to implement and evaluate methods of reasonable 
accommodation.

                      Accommodations for Applicants

    (a) Announce program and job vacancies in a form readily 
understandable by mentally handicapped persons and by persons with 
impaired vision or hearing, for example, by making the announcements 
available in braille or on cassette tapes. Sec. 32.4(e) of DOL's 
proposed section 504 regulations requires recipients to insure that 
communications with applicants are available to persons with impaired 
vision or hearing. Recipients shall undertake to explain, as 
appropriate, program and job announcements to mentally handicapped 
participants or employees or applicants. For example, this might entail 
notifying known mentally handicapped participants or employees of 
openings for positions that they might be able to perform and taking 
specific steps to clearly explain the nature of the program or job and 
its benefits to that individual.

                           Handicapped Persons

    (b) Provide readers, interpreters, and other similar assistance 
during the application, testing, and interview process.
    (c) Appropriately adjust or modify examinations so that the test 
results accurately reflect the applicant's skills, aptitude or whatever 
other factor the test purports to measure, rather than reflecting the 
applicant's impaired sensory, manual, or speaking skills (except where 
those skills are the factors that the test purports to measure). This 
may require the extension of traditional time deadlines or allowing, for 
example, a blind person to answer an examination orally.
    (d) If necessary waive traditional tests and permit the applicant to 
demonstrate his or her skills through alternate techniques and 
utilization of adapted tools, aids, and devices.