Section 504
Section 504 of the
Rehabilitation Act
Section 504 of the Rehabilitation Act -
Nondiscrimination Under Federal Grants and Programs
Sec. 504.(a) No otherwise qualified individual
with a disability in the United States, as defined in section 7(20), shall,
solely by reason of her or his disability, be excluded from the participation
in, be denied the benefits of, or be subjected to discrimination under any
program or activity receiving Federal financial assistance or under any program
or activity conducted by any Executive agency or by the United States Postal
Service. The head of each such agency shall promulgate such regulations as may
be necessary to carry out the amendments to this section made by the
Rehabilitation, Comprehensive Services, and Developmental Disabilities Act of
1978. Copies of any proposed regulation shall be submitted to appropriate
authorizing committees of Congress, and such regulations may take effect no
earlier than the thirtieth day after the date on which such regulation is so
submitted to such committees.
(b) For the purposes of this section, the term
"program or activity" means all of the operations of -
(1)(A) a department, agency, special purpose
district, or other instrumentality of a State or of a local government; or
(B) the entity of such a State or local
government that distributes such assistance and each such department or agency
(and each other State or local government entity) to which the assistance is
extended, in the case of assistance to a State or local government;
(2)(A) a college, university, or other
postsecondary institution, or a public system of higher education; or
(B) a local educational agency (as defined in
section 14101 of the Elementary and Secondary Education Act of 1965), system of
vocational education, or other school system;
(3)(A) an entire corporation, partnership, or
other private organization, or an entire sole proprietorship-
(i) if assistance is extended to such
corporation, partnership, private organization, or sole proprietorship as a
whole; or
(ii) which is principally engaged in the
business of providing education, health care, housing, social services, or parks
and recreation; or
(B) the entire plant or other comparable,
geographically separate facility to which Federal financial assistance is
extended, in the case of any corporation, partnership, private organization, or
sole proprietorship; or
(4) any other entity which is established by
two or more of the entities described in paragraph (1), (2), or (3); any part of
which is extended Federal financial assistance.
(c) Small providers are not required by
subsection (a) to make significant structural alterations to their existing
facilities for the purpose of assuring program accessibility, if alternative
means of providing the services are available. The terms used in this subsection
shall be construed with reference to the regulations existing on the date of the
enactment of this subsection.
(d) The standards used to determine whether
this section has been violated in a complaint alleging employment discrimination
under this section shall be the standards applied under title I of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.) and the provisions of
sections 501 through 504, and 510, of the Americans with Disabilities Act of
1990 (42 U.S.C. 12201-12204 and 12210), as such sections relate to employment.
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