[Title 29, Volume 1]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
PART 32--NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS AND ACTIVITIES
RECEIVING OR BENEFITING FROM FEDERAL FINANCIAL ASSISTANCE
Subpart A--General Provisions
32.4 Discrimination prohibited.
32.5 Assurances required.
32.6 Remedial action, voluntary action, and self-evaluation.
32.7 Designation of responsible employee.
32.9 Administrative requirements for small recipients.
32.10 Effect of State or local law or other requirements and effect of
Subpart B--Employment Practices and Employment Related Training Program
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.
32.44 Compliance information.
32.46 Procedure for effecting compliance.
32.47 Hearing practice and procedure.
Subpart E--Auxiliary Matters
32.48 Post-termination proceedings.
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:
(b) Services of Federal personnel; or
(c) Real and personal property or any interest in or use of such
(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
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.
(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
(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
(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
(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
(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,
(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
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
(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
(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,
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
(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
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
(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
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;
(iii) A description of any modifications made and of any remedial
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
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
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
(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
Sec. 32.12 Discrimination prohibited.
(a) General. (1) No qualified handicapped individual shall, on the
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
(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
(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
(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
(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
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
(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
(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
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
(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
(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
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
(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
(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
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
(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
(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
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
(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
(2) Describe in detail the methods that will be used to make the
(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
(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.
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.
(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
(3) An emergency situation is determined to exist by the Assistant
(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.
(d) Contents of complaints. Complaints must be signed by the
complainant or his or her authorized representative and must contain the
(1) Name and address (including telephone or TTY number) of the
(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
(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
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
(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
(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
(b) Failure to maintain and furnish complete and accurate records as
required under this section is a ground for the imposition of
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
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
(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
(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-
(e) Acquire or modify equipment or devices. For hearing-impaired
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
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.
(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.