DOT 49 CFR PART 1014-2010 ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE SURFACE TRANSPORTATION BOARD.pdf

1、40 49 CFR Ch. X (10110 Edition) Pt. 1014 PART 1014ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PRO-GRAMS OR ACTIVITIES CON-DUCTED BY THE SURFACE TRANS-PORTATION BOARD Sec. 1014.101 Purpose. 1014.102 Application. 1014.103 Definitions. 1014.1041014.109 Reserved 1014.110 Self-evaluation

2、. 1014.111 Notice. 1014.1121014.129 Reserved 1014.130 General prohibitions against dis-crimination. 1014.1311014.139 Reserved 1014.140 Employment. 1014.1411014.148 Reserved 1014.149 Program accessibility: Discrimina-tion prohibited. 1014.150 Program accessibility: Existing fa-cilities. 1014.151 Prog

3、ram accessibility: New con-struction and alterations. 1014.1521014.159 Reserved 1014.160 Communications. 1014.1611014.169 Reserved 1014.170 Compliance procedures. 1014.1711014.999 Reserved AUTHORITY: 29 U.S.C. 794. SOURCE: 51 FR 22896, June 23, 1986, unless otherwise noted. 1014.101 Purpose. This pa

4、rt effectuates section 119 of the Rehabilitation, Comprehensive Services, and Developmental Disabil-ities Amendments of 1978, which amended section 504 of the Rehabilita-tion Act of 1973 to prohibit discrimina-tion on the basis of handicap in pro-grams or activities conducted by Exec-utive agencies

5、or the United States Postal Service. 1014.102 Application. This part applies to all programs or activities conducted by the agency. 1014.103 Definitions. For purposes of this part, the term Assistant Attorney General means the Assistant Attorney General, Civil Rights Division, United States Depart-m

6、ent of Justice. Auxiliary aids means services or de-vices that enable persons with im-paired sensory, manual, or speaking skills to have an equal opportunity to participate in, and enjoy the benefits of, programs or activities conducted by the agency. For example, auxiliary aids useful for persons w

7、ith impaired vision include readers, brailled materials, audio recordings, telecommunications devices and other similar services and devices. Auxiliary aids useful for per-sons with impaired hearing include telephone handset amplifiers, tele-phones compatible with hearing aids, telecommunication dev

8、ices for deaf persons (TDDs), interpreters, notetakers, written materials, and other similar services and devices. Complete complaint means a written statement that contains the complain-ants name and address and describes the agencys alleged discriminatory ac-tion in sufficient detail to inform the

9、 agency of the nature and date of the al-leged violation of section 504. It shall be signed by the complainant or by someone authorized to do so on his or her behalf. Complaints filed on behalf of classes or third parties shall describe or identify (by name, if possible) the alleged victims of discr

10、imination. Facility means all or any portion of buildings, structures, equipment, roads, walks, parking lots, rolling stock or other conveyances, or other real or personal property. Handicapped person means any person who has a physical or mental impair-ment that substantially limits one or more maj

11、or life activities, has a record of such an impairment, or is regarded as having such an impairment. As used in this definition, the phrase: (1) Physical or mental impairment in-cludes (i) Any physiological disorder or con-dition, cosmetic disfigurement, or ana-tomical loss affecting one or more of

12、the following body systems: Neuro-logical; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine; or (ii) Any mental or psychological dis-order, such as mental retardation, or-gani

13、c brain syndrome, emotional or mental illness, and specific learning disabilities. The term physical or mental impairment includes, but is VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00050 Fmt 8010 Sfmt 8010 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot f

14、or ResaleNo reproduction or networking permitted without license from IHS-,-,-41 Surface Transportation Board, DOT 1014.110 not limited to, such diseases and condi-tions as orthopedic, visual, speech, and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer,

15、heart disease, diabe-tes, mental retardation, emotional ill-ness, and drug addiction and alco-holism. (2) Major life activities includes func-tions such as caring for ones self per-forming manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. (3) Has a record of such an

16、 impairment means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activi-ties. (4) Is regarded as having an impairment means (i) Has a physical or mental impair-ment that does not substantially limit major life a

17、ctivities but is treated by the agency as constituting such a limi-tation; (ii) Has a physical or mental impair-ment that substantially limits major life activities only as a result of the at-titudes of others toward such impair-ment; or (iii) Has none of the impairments de-fined in paragraph (1) of

18、 this definition but is treated by the agency as having such an impairment. Historic preservation programs means programs conducted by the agency that have preservation of historic properties as a primary purpose. Historic properties means those prop-erties that are listed or eligible for listing in

19、 the National Register of His-toric Places or properties designated as historic under a statute of the appro-priate State or local government body. Qualified handicapped person means (1) With respect to preschool, elemen-tary, or secondary education services provided by the agency, a handicapped per

20、son who is a member of a class of persons otherwise entitled by statute, regulation, or agency policy to receive education services from the agency. (2) With respect to any other agency program or activity under which a per-son is required to perform services or to achieve a level of accomplishment,

21、 a handicapped person who meets the es-sential eligibility requirements and who can achieve the purpose of the pro-gram or activity without modifications in the program or activity that the agency can demonstrate would result in a fundamental alteration in its na-ture; (3) With respect to any other

22、pro-gram or activity, a handicapped person who meets the essential eligibility re-quirements for participation in, or re-ceipt of benefits from, that program or activity; and (4) Qualified handicapped person is de-fined for purposes of employment in 29 CFR 1613.702(f), which is made applica-ble to t

23、his part by 1014.140. Section 504 means section 504 of the Rehabilitation Act of 1973 (Pub. L. 93 112, 87 Stat. 394 (29 U.S.C. 794), as amended by the Rehabilitation Act Amendments of 1974 (Pub. L. 93516, 88 Stat. 1617), and the Rehabilitation, Comprehensive Services, and Develop-mental Disabilities

24、 Amendments of 1978 (Pub. L. 95602, 92 Stat. 2955). As used in this part, section 504 applies only to programs or activities con-ducted by Executive agencies and not to federally assisted programs. Substantial impairment means a sig-nificant loss of the integrity of finished materials, design qualit

25、y, or special character resulting from a permanent alteration. 1014.1041014.109 Reserved 1014.110 Self-evaluation. (a) The agency shall, by August 24, 1987, evaluate its current policies and practices, and the effects thereof, that do not or may not meet the require-ments of this part, and, to the e

26、xtent modification of any such policies and practices is required, the agency shall proceed to make the necessary modi-fications. (b) The agency shall provide an op-portunity to interested persons, includ-ing handicapped persons or organiza-tions representing handicapped per-sons, to participate in

27、the self-evalua-tion process by submitting comments (both oral and written). (c) The agency shall, until three years following the completion of the self-evaluation, maintain on file and make available for public inspection: VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00051 Fmt 8010 S

28、fmt 8010 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-42 49 CFR Ch. X (10110 Edition) 1014.111 (1) A description of areas examined and any problems identified, and (2) A description of any m

29、odifications made. 1014.111 Notice. The agency shall make available to employees, applicants, participants, beneficiaries, and other interested per-sons such information regarding the provisions of this part and its applica-bility to the programs or activities conducted by the agency, and make such

30、information available to them in such manner as the head of the agency finds necessary to apprise such persons of the protections against discrimina-tion assured them by section 504 and this regulation. 1014.1121014.129 Reserved 1014.130 General prohibitions against discrimination. (a) No qualified

31、handicapped person shall, on the basis of handicap, be ex-cluded from participation in, be denied the benefits of, or otherwise be sub-jected to discrimination under any pro-gram or activity conducted by the agency. (b)(1) The agency, in providing any aid, benefit, or service, may not, di-rectly or

32、through contractual, licens-ing, or other arrangements, on the basis of handicap (i) Deny a qualified handicapped per-son the opportunity to participate in or benefit from the aid, benefit, or service; (ii) Afford a qualified handicapped person an opportunity to participate in or benefit from the ai

33、d, benefit, or service that is not equal to that af-forded others; (iii) Provide a qualified handicapped person with an aid, benefit, or service that is not as effective in affording equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement as t

34、hat provided to others; (iv) Provide different or separate aid, benefits, or services to handicapped persons or to any class of handicapped persons than is provided to others un-less such action is necessary to provide qualified handicapped persons with aid, benefits, or services that are as effec-t

35、ive as those provided to others; (v) Deny a qualified handicapped per-son the opportunity to participate as a member of planning or advisory boards; or (vi) Otherwise limit a qualified handicapped person in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others receiv-ing

36、 the aid, benefit, or service. (2) The agency may not deny a quali-fied handicapped person the oppor-tunity to participate in programs or activities that are not separate or dif-ferent, despite the existence of permis-sibly separate or different programs or activities. (3) The agency may not, direct

37、ly or through contractual or other arrange-ments, utilize criteria or methods of administration the purpose or effect of which would (i) Subject qualified handicapped per-sons to discrimination on the basis of handicap; or (ii) Defeat or substantially impair ac-complishment of the objectives of a pr

38、ogram or activity with respect to handicapped persons. (4) The agency may not, in deter-mining the site or location of a facil-ity, make selections the purpose or ef-fect of which would (i) Exclude handicapped persons from, deny them the benefits of, or oth-erwise subject them to discrimination unde

39、r any program or activity con-ducted by the agency; or (ii) Defeat or substantially impair the accomplishment of the objectives of a program or activity with respect to handicapped persons. (5) The agency, in the selection of procurement contractors, may not use criteria that subject qualified handi

40、-capped persons to discrimination on the basis of handicap. (6) The agency may not administer a licensing or certification program in a manner that subjects qualified handi-capped persons to discrimination on the basis of handicap, nor may the agency establish requirements for the programs or activi

41、ties of licensees or certified entities that subject qualified handicapped persons to discrimination on the basis of handicap. However, the programs or activities of entities that VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00052 Fmt 8010 Sfmt 8010 Y:SGML220219.XXX 220219jdjones on DS

42、KHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-43 Surface Transportation Board, DOT 1014.150 are licensed or certified by the agency are not, themselves, covered by this part. (c) The exclusion of nonhandicapped persons from the

43、 benefits of a program limited by Federal statute or Execu-tive order to handicapped persons or the exclusion of a specific class of handicapped persons from a program limited by Federal statute or Execu-tive order to a different class of handi-capped persons is not prohibited by this part. (d) The

44、agency shall administer pro-grams and activities in the most inte-grated setting appropriate to the needs of qualified handicapped persons. 1014.1311014.139 Reserved 1014.140 Employment. No qualified handicapped person shall, on the basis of handicap, be sub-jected to discrimination in employ-ment u

45、nder any program or activity conducted by the agency. The defini-tions, requirements, and procedures of section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791), as established by the Equal Employment Opportunity Commission in 29 CFR part 1613, shall apply to employment in federally con-ducted

46、programs or activities. 1014.1411014.148 Reserved 1014.149 Program accessibility: Dis-crimination prohibited. Except as otherwise provided in 1014.150, no qualified handicapped per-son shall, because the agencys facili-ties are inaccessible to or unusable by handicapped persons, be denied the benefi

47、ts of, be excluded from participa-tion in, or otherwise be subjected to discrimination under any program or activity conducted by the agency. 1014.150 Program accessibility: Exist-ing facilities. (a) General. The agency shall operate each program or activity so that the program or activity, when vie

48、wed in its entirety, is readily accessible to and usable by handicapped persons. This paragraph does not (1) Necessarily require the agency to make each of its existing facilities ac-cessible to and usable by handicapped persons; (2) In the case of historic preserva-tion programs, require the agency

49、 to take any action that would result in a substantial impairment of significant historic features of an historic prop-erty; or (3) Require the agency to take any action that it can demonstrate would result in a fundamental alteration in the nature of a program or activity or in undue financial and administrative burdens. In those circumstances where agency personnel believe that the pro-posed action would