1、137 Office of the Secretary, HUD Pt. 8 decision on appeal. Such service shall not be credited toward the completion of any applicable probationary or trial period or the completion of the service requirement for career tenure, if the EEOC reverses the decision on appeal. (c) When the Department appe
2、als, the Department may delay the payment of any amount, other than prospective pay and benefits, ordered to be paid to the Complainant until after the appeal is resolved. If the Department delays payment of any amount pending the outcome of the appeal and the resolu-tion of the appeal requires the
3、Depart-ment to make the payment, then the Department shall pay interest from the date of the original decision until pay-ment is made. (d) The Department shall notify the EEOC and the employee in writing at the same time the Department appeals that the relief the Department provides is temporary or
4、conditional and, if ap-plicable, that the Department will delay the payment of any amounts owed but will pay interest as specified in paragraph (c) of this section. Failure of the Department to provide notifica-tion will result in the dismissal of the Departments appeal. (e) The Department may, by n
5、otice to the Complainant, decline to return the Complainant to the Complainants place of employment if the Department determines that the return or presence of the Complainant will be unduly dis-ruptive to the work environment. How-ever, prospective pay and benefits must be provided. The determinati
6、on not to return the Complainant to the Com-plainants place of employment is not reviewable. A grant of interim relief does not insulate a Complainant from subsequent disciplinary or adverse ac-tion. (f) If the Department files an appeal and has not provided required interim relief, the Complainant
7、may request dismissal of the Departments appeal. Any such request must be filed with the Office of Federal Operations within 25 days of the date of service of the De-partments appeal. A copy of the re-quest must be served on the Depart-ment at the same time the request is filed with EEOC. The Depart
8、ment may respond with evidence and argument to the Complainants request to dismiss within 15 days of the date of service of the request. STATISTICS AND REPORTING REQUIREMENTS 7.45 EEO group statistics and re-ports. (a) The Department shall establish a system to collect and maintain accu-rate employm
9、ent information on the race, national origin, sex, and dis-ability of all its employees and appli-cants in accordance with 29 CFR 1614.601 through 29 CFR 1614.602, and the Department shall report to the EEOC on employment by race, national origin, sex, and disability, in the form and at such times a
10、s the EEOC may re-quire. (b) The Department shall report to the EEOC information concerning pre- complaint counseling and the status, processing and disposition of com-plaints under this part, at such times and in such manner as the EEOC pre-scribes. (c) The Department shall advise the EEOC whenever
11、 the Department is served with a Federal court complaint based upon a complaint that is pending on appeal at the EEOC. (d) The Department shall submit an-nual written national equal employ-ment opportunity plans of action for the review and approval of the EEOC. Plans shall be submitted in a format
12、prescribed by the EEOC and in accord-ance with 29 CFR 1614.602. 66 FR 20564, Apr. 23, 2001, as amended at 69 FR 62174, Oct. 22, 2004 Subpart B Reserved PART 8NONDISCRIMINATION BASED ON HANDICAP IN FEDER-ALLY ASSISTED PROGRAMS AND ACTIVITIES OF THE DEPARTMENT OF HOUSING AND URBAN DE-VELOPMENT Subpart
13、 AGeneral Provisions Sec. 8.1 Purpose. 8.2 Applicability. 8.3 Definitions. 8.4 Discrimination prohibited. 8.5 Reserved VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00147 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduc
14、tion or networking permitted without license from IHS-,-,-138 24 CFR Subtitle A (4111 Edition) 8.1 8.6 Communications. Subpart BEmployment 8.10 General prohibitions against employ-ment discrimination. 8.11 Reasonable accommodation. 8.12 Employment criteria. 8.13 Preemployment inquiries. Subpart CPro
15、gram Accessibility 8.20 General requirement concerning pro-gram accessibility. 8.21 Non-housing facilities. 8.22 New constructionhousing facilities. 8.23 Alterations of existing housing facili-ties. 8.24 Existing housing programs. 8.25 Public housing and multi-family Indian housing. 8.26 Distributio
16、n of accessible dwelling units. 8.27 Occupancy of accessible dwelling units. 8.28 Housing certificate and housing vouch-er programs. 8.29 Homeownership programs (sections 235(i) and 235(j), Turnkey III and Indian housing mutual self-help programs). 8.30 Rental rehabilitation program. 8.31 Historic p
17、roperties. 8.32 Accessibility standards. 8.33 Housing adjustments. Subpart DEnforcement 8.50 Assurances required. 8.51 Self-evaluation. 8.52 Remedial and affirmative action. 8.53 Designation of responsible employee and adoption of grievance procedures. 8.54 Notice. 8.55 Compliance information. 8.56
18、Conduct of investigations. 8.57 Procedure for effecting compliance. 8.58 Hearings. AUTHORITY: 29 U.S.C. 794; 42 U.S.C. 3535(d) and 5309. SOURCE: 53 FR 20233, June 2, 1988, unless otherwise noted. Subpart AGeneral Provisions 8.1 Purpose. (a) The purpose of this part is to ef-fectuate section 504 of t
19、he Rehabilita-tion Act of 1973, as amended (29 U.S.C 794), to the end that no otherwise qualified individual with handicaps in the United States shall, solely by rea-son of his or her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimi-nation under
20、 any program or activity receiving Federal financial assistance from the Department of Housing and Urban Development. This part also im-plements section 109 of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5309). This part does not effectuate section 504 as it applies to a
21、ny program or activity conducted by the Department. Compli-ance with this part does not assure compliance with requirements for ac-cessibility by physically-handicapped persons imposed under the Architec-tural Barriers Act of 1968 (42 U.S.C. 41514157; 24 CFR part 40). (b) The policies and standards
22、for compliance established by this part are established in contemplation of, and with a view to enforcement through, the Departments administration of programs or activities receiving Fed-eral financial assistance and the ad-ministrative procedures described in subparts D and E (including, without l
23、imitation, judicial enforcement under 8.57(a). 8.2 Applicability. This part applies to all applicants for, and recipients of, HUD assistance in the operation of programs or activi-ties receiving such assistance. Such as-sistance includes, but is not limited to, that which is listed in appendix A of
24、this part. 8.3 Definitions. As used in this part: Accessible, when used with respect to the design, construction, or alteration of a facility or a portion of a facility other than an individual dwelling unit, means that the facility or portion of the facility when designed, constructed or altered, c
25、an be approached, entered, and used by individuals with physical handicaps. The phrase accessible to and usable by is synonomous with acces-sible. Accessible, when used with respect to the design, construction, or alteration of an individual dwelling unit, means that the unit is located on an acces-
26、sible route and when designed, con-structed, altered or adapted can be ap-proached, entered, and used by individ-uals with physical handicaps. A unit that is on an accessible route and is adaptable and otherwise in compliance VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00148 Fmt 8010
27、Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-139 Office of the Secretary, HUD 8.3 with the standards set forth in 8.32 is accessible within the meaning of this paragraph. When a un
28、it in an existing facility which is being made accessible as a result of alterations is intended for use by a specific qualified indi-vidual with handicaps (e.g., a current occupant of such unit or of another unit under the control of the same re-cipient, or an applicant on a waiting list), the unit
29、 will be deemed accessible if it meets the requirements of applica-ble standards that address the par-ticular disability or impairment of such person. Accessible route means a continuous unobstructed path connecting acces-sible elements and spaces in a building or facility that complies with the spa
30、ce and reach requirements of applicable standards prescribed by 8.32. An acces-sible route that serves only accessible units occupied by persons with hearing or vision impairments need not comply with those requirements intended to ef-fect accessibility for persons with mo-bility impairments. Adapta
31、bility means the ability of cer-tain elements of a dwelling unit, such as kitchen counters, sinks, and grab bars, to be added to, raised, lowered, or otherwise altered, to accommodate the needs of persons with or without handi-caps, or to accommodate the needs of persons with different types or degr
32、ees of disability. For example, in a unit adaptable for a hearing-impaired per-son, the wiring for visible emergency alarms may be installed but the alarms need not be installed until such time as the unit is made ready for occupancy by a hearing-impaired person. Alteration means any change in a fa-
33、cility or its permanent fixtures or equipment. It includes, but is not lim-ited to, remodeling, renovation, reha-bilitation, reconstruction, changes or rearrangements in structural parts and extraordinary repairs. It does not in-clude normal maintenance or repairs, reroofing, interior decoration, or
34、 changes to mechanical systems. Applicant for assistance means one who submits an application, request, plan, or statement required to be ap-proved by a Department official or by a primary recipient as a condition of eli-gibility for Federal financial assist-ance. An application means such a re-ques
35、t, plan or statement. 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 receiving Federal financial assistance. For exam-ple, auxiliary aid
36、s for persons with im-paired vision may include readers, Brailled materials, audio recordings, and other similar services and devices. Auxiliary aids for persons with im-paired hearing may include telephone handset amplifiers, telephones compat-ible with hearing aids, telecommuni-cation devices for
37、deaf persons (TDDs), interpreters, notetakers, written mate-rials, and other similar services and de-vices. Department or HUD means the De-partment of Housing and Urban Devel-opment. Facility means all or any portion of buildings, structures, equipment, roads, walks, parking lots, rolling stock or o
38、ther real or personal prop-erty or interest in the property. Federal financial assistance means any assistance provided or otherwise made available by the Department through any grant, loan, contract or any other arrangement, in the form of: (a) Funds; (b) Services of Federal personnel; or (c) Real
39、or personal property or any interest in or use of such property, in-cluding: (1) Transfers or leases of the property for less than fair market value or for reduced consideration; and (2) Proceeds from a subsequent trans-fer or lease of the property if the Fed-eral share of its fair market value is n
40、ot returned to the Federal Govern-ment. Federal financial assistance includes community development funds in the form of proceeds from loans guaranteed under section 108 of the Housing and Community Development Act of 1974, as amended, but does not include as-sistance made available through direct F
41、ederal procurement contracts or pay-ments made under these contracts or any other contract of insurance or guaranty. VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00149 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproducti
42、on or networking permitted without license from IHS-,-,-140 24 CFR Subtitle A (4111 Edition) 8.3 Handicap means any condition or characteristic that renders a person an individual with handicaps. Historic preservation programs or activi-ties means programs or activities re-ceiving Federal financial
43、assistance that have preservation of historic prop-erties as a primary purpose. Historic properties means those prop-erties that are listed or are eligible for listing in the National Register of His-toric Places, or such properties des-ignated as historic under a statute of the appropriate State or
44、 local govern-ment body. Individual with handicaps means any person who has a physical or mental impairment that substantially limits one or more major life activities; has a record of such an impairment; or is re-garded as having such an impairment. For purposes of employment, this term does not in
45、clude: Any individual who is an alcoholic or drug abuser whose cur-rent use of alcohol or drugs prevents the individual from performing the du-ties of the job in question, or whose employment, by reason of current alco-hol or drug abuse, would constitute a direct threat to property or the safety of
46、others; or any individual who has a currently contagious disease or infec-tion and who, by reason of such disease or infection, would constitute a direct threat to the health or safety of other individuals or who, by reason of the currently contagious disease or infec-tion, is unable to perform the
47、duties of the job. For purposes of other programs and activities, the term does not in-clude any individual who is an alco-holic or drug abuser whose current use of alcohol or drugs prevents the indi-vidual from participating in the pro-gram or activity in question, or whose participation, by reason
48、 of such cur-rent alcohol or drug abuse, would con-stitute a direct threat to property or the safety of others. As used in this definition, the phrase: (a) Physical or mental impairment in-cludes: (1) Any physiological disorder or con-dition, cosmetic disfigurement, or ana-tomical loss affecting one
49、 or more of the following body systems: Neuro-logical; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or (2) Any mental or psychological dis-order, such as mental retardation, or-ganic brain syndrome, emotional or mental illness, and specific learning disabilities. The term physical or mental impairment includes, but is not limited
