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(51 FR 4578 and 4579, Feb. 5, 1986; 51 FR 7543, Mar. 5, 1986)

88 1175.104-1175.109 [Reserved]

(3) “Has a record of such an 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 activities.

(4) “Is regarded as having an impairment” means

(i) Has a physical or mental impairment that does not substantially limit major life activities but is treated by the agency as constituting such a limi. tation;

(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 (1) of this definition but is treated by the agency as having such an impairment.

“Qualified handicapped person" means

(1) With respect to any agency program or activity under which a person is required to perform services or to achieve a level of accomplishment, a handicapped person who meets the essential eligibility requirements and who can achieve the purpose of the program or activity without modifications in the program or activity that the agency can demonstrate would result in a fundamental alteration in its nature; or

(2) With respect to any other program or activity, a handicapped person who meets the essential eligibility requirements for participation in, or receipt of benefits from, that program or activity.

(3) “Qualified handicapped person” is defined for purposes of employment in 29 CFR 1613.702(f), which is made applicable to this part by $ 1175.140.

“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. 93-516, 88 Stat. 1617), and the Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978 (Pub. L. 95-602, 92 Stat. 2955). As used in this part, section 504 applies only to programs or activities conducted by Executive agencies and not to federally assisted programs.

8 1175.110 Self-evaluation.

(a) The agency shall, by April 9, 1987, evaluate its current policies and practices, and the effects thereof, that do not or may not meet the requirements of this part, and, to the extent modification of any such policies and practices is required, the agency shall proceed to make the necessary modifications.

(b) The agency shall provide an opportunity to interested persons, including handicapped persons or organizations representing handicapped persons, to participate in the self-evaluation 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 inspections:

(1) A description of areas examined and any problems identified, and

(2) A description of any modifications made.

8 1175.111 Notice.

The agency shall make available to employees, applicants, participants, beneficiaries, and other interested persons such information regarding the provisions of this part and its applicability to the programs or activities conducted by the agency, and make such information available to them in such manner as the head of the agency finds necessary to apprise such persons of the protections against discrimination assured them by section 504 and this regulation.

88 1175.112—1175.129 [Reserved)

8 1175.130 General prohibitions against

discrimination. (a) No qualified handicapped person 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 conducted by the agency.

(b)(1) The agency, in providing any aid, benefit, or service, may not, direct

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conducted by the agency. The defini. of 1973 (29 U.S.C. 791), as established 8 1175.149 Program accessibility: Discrim. § 1175.150, no qualified handicapped cilities are inaccessible to or unusable by handicapped persons, be denied the benefits of, be excluded from partici.

pation in, or otherwise be subjected to 8 1175.140

ly or through contractual, licensing, or ty, make selections the purpose or sriminatio other arrangements, on the basis of effect of which would

city conc handicap,

(1) Exclude handicapped persons (i) Deny a qualified handicapped from, deny them the benefits of, or u150 P person the opportunity to participate otherwise subject them to discrimina facilities. in or benefit from the aid, benefit, or tion under any program or activity Gener service;

conducted by the agency; or (11) Afford a qualfied handicapped (ii) Defeat or substantially impairm program person an opportunity to participate the accomplishment of the objectives its entir in or benefit from the aid, benefit, or of a program or activity with respect and usable service that is not equal to that afford to handicapped persons. ed others;

(5) The agency, in the selection of Neces (iii) Provide a qualified handicapped

procurement contractors, may not use make each person with an aid, benefit, or service criteria that subject qualified handi esible that is not as effective in affording capped persons to discrimination on equal opportunity to obtain the same

the basis of handicap. result, to gain the same benefit, or to

(c) The exclusion of nonhandicapped dion tha reach the same level of achievement persons from the benefits of a pro- del in as that provided to others;

gram limited by Federal statute or Ex(iv) Provide different or separate

ecutive order to handicapped persons vindue aid, benefits, or services to handi

or the exclusion of a specific class of capped persons or to any class of

handicapped persons from a program ency pe handicapped persons than is provided

limited by Federal statute or Executo others unless such action is neces

tive order to a different class of handi- der the sary to provide qualified handicapped capped persons is not prohibited by gilt in persons with aid, benefits, or services

this part. that are as effective as those provided

(d) The agency shall administer pro-peden to others;

grams and activities in the most inte blog (v) Deny a qualified handicapped

grated setting appropriate to the diration person the opportunity to participate

needs of qualified handicapped peras a member of planning or advisory

sons. boards; or

88 1175.131-1175.139 [Reserved] (vi) Otherwise limit a qualified handicapped person in the enjoyment 8 1175.140 Employment. of any right, privilege, advantage, or opportunity enjoyed by others receiv

No qualified handicapped person inity ing the aid, benefit, or service.

shall, on the basis of handicap, be sub(2) The agency may not deny a

jected to discrimination in employechir qualified handicapped person the op

ment under any

program or activity portunity to participate in programs or activities that are not separate or different, despite the existence of per

section 501 of the Rehabilitation Act missibly separate or different programs or activities.

(3) The agency may not, directly or through contractual or other arrangements, utilize criteria or methods of

conducted programs or activities. administration the purpose or effect of which would

(i) Subject qualified handicapped persons to discrimination on the basis

ination prohibited. of handicap; or

(ii) Defeat or substantially impair accomplishment of the objectives of a

oli program or activity with respect to handicapped persons.

(4) The agency may not, in determining the site or location of a facili

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tions, requirements, and procedures of

by the Equal Employment Opportunity Commission in 29 CFR Part 1613, shall apply to employment in federally

88 1175.141-1175.148 [Reserved]

Except as otherwise provided in person shall, because the agency's fa

discrimination under any program or activity conducted by the agency. 8 1175.150 Program accessibility: Existing

facilities. (a) General. The agency shall operate each program or activity so that the program or activity, when viewed 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 accessible to and usable by handicapped persons; or

(2) 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 proposed action would fundamentally alter the program or activity or would result in undue financial and administrative burdens, the agency has the burden of proving that compliance with $ 1175.150(a) would result in such alteration or burdens. The decision that compliance would result in such alteration or burdens must be made by the agency head or his or her designee after considering all agency resources available for use in the funding and operation of the conducted program or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion. If an action would result in such an alteration or such burdens, the agency shall take any other action that would not result in such an alteration or such burdens but would nevertheless ensure that handicapped persons receive the benefits and services of the program or activity.

(b) Methods. The agency may comply with the requirements of this section through such means as redesign of equipment, reassignment of 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, use of accessible rolling stock, or any other methods that result in making its programs or activities readily accessible to and usable by handi

capped persons. The agency is nor required to make structural changes in existing facilities where other methods are effective in achieving compliance with this section. The agency, in making alterations to existing buildings, shall meet accessibility requirements to the extent compelled by the Architectural Barriers Act of 1968, as amended (42 U.S.C. 4151 through 4157), and any regulations implementing it. In choosing among available methods for meeting the requirements of this section, the agency shall give priority to those methods that offer programs and activities to qualified handicapped persons in the most integrated setting appropriate.

(c) Time period for compliance. The agency shall comply with the obligations established under this section by June 6, 1986, except that where structural changes in facilities are undertaken, such changes shall be made by April 7, 1989, but in any event as expeditiously as possible.

(d) Transition plan. In the event that structural changes to facilities will be undertaken to achieve program accessibility, the agency shall develop, by October 7, 1986, a transition plan setting forth the steps necessary to complete such changes. The agency shall provide an opportunity to interested persons, including handicapped persons or organizations representing handicapped persons, to participate in the development of the transition plan by submitting comments (both oral and written). 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 agency's facilities that limit the accessibility of its programs or activities to handicapped persons;

(2) Describe in detail the methods that will be used to make the facilities accessible;

(3) Specify the schedule for taking the steps necessary to achieve compliance with this section 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 official responsible for implementation of the plan.

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§ 1175.151

Peni rm 419,

(51 FR 4578 and 4579, Feb. 5, 1986; 51 FR 7543, Mar. 5, 1986)

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8 1175.151 Program accessibility: New con

struction and alterations. Each building or part of a building that is constructed or altered by, on behalf of, or for the use of the agency shall be designed, constructed, or altered so as to be readily accessible to and usable by handicapped persons. The definitions, requirements, and standards of the Architectural Barriers Act (42 U.S.C. 4151 through 4157), as established in 41 CFR 10119.600 to 101-19.607, apply to buildings covered by this section.

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bility shall be used at each primary
entrance of an accessible facility.

(d) This section does not require the
agency to take any action that it can
demonstrate would result in a funda-
mental alteration in the nature of a
program or activity or in undue finan.
cial and administrative burdens. In
those circumstances where agency per-
sonnel believe that the proposed
action would fundamentally alter the
program or activity or would result in
undue financial and administrative
burdens, the agency has the burden of
proving that compliance with
$ 1175.160 would result in such alter-
ation or burdens. The decision that
compliance would result in such alter-
ation or burdens must be made by the
agency head or his or her designee
after considering all agency resources
available for use in the funding and
operation of the conducted program or
activity, and must be accompanied by
a written statement of the reasons for
reaching that conclusion. If an action
required to comply with this section
would result in such an alteration or
such burdens, the agency shall take
any other action that would not result
in such an alteration or such burdens
but would nevertheless ensure that

, to the maximum extent possible, handi. capped persons receive the benefits and services of the program or activi.

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88 1175.152—1175.159 (Reserved]

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8 1175.160 Communications.

(a) The agency shall take appropriate steps to ensure effective communication with applicants, participants, personnel of other Federal entities, and members of the public.

(1) The agency shall furnish appropriate auxiliary aids where necessary to afford a handicapped person an equal opportunity to participate in, and enjoy the benefits of, a program or activity conducted by the agency.

(i) In determining what type of auxiliary aid is necessary, the agency shall give primary consideration to the requests of the handicapped person.

(ii) The agency need not provide individually prescribed devices, readers for personal use or study, or other devices of a personal nature.

(2) Where the agency communicates with applicants and beneficiaries by telephone, telecommunication devices for deaf persons (TDD's) or equally effective telecommunication systems shall be used.

(b) The agency shall ensure that interested persons, including persons with impaired vision or hearing, can obtain information as to the existence and location of accessible services, activities, and facilities.

(c) The agency shall provide signage at a primary entrance to each of its inaccessible facilities, directing users to a location at which they can obtain information about accessible facilities. The international symbol for accessi

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88 1175.161-1175.169 [Reserved)
8 1175.170 Compliance procedures.

(a) Except as provided in paragraph (b) of this section, this section applies to all allegations of discrimination on the basis of handicap in programs or activities conducted by the agency.

(b) The agency shall process complaints alleging violations of section 504 with respect to employment ac

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ty Commission in 29 CFR Part 1613 pursuant to section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791).

(c) The Director, Office of Equal Opportunity shall be responsible for coordinating implementation of this sec

be extended with the permission of the Assistant Attorney General.

(1) The agency may delegate its authority for conducting complaint investigations to other Federal agencies, except that the authority for making the final determination may not be delegated to another agency. (51 FR 4578 and 4579, Feb. 5, 1986, as amended at 51 FR 4578, Feb. 5, 1986)

88 1175.171-1175.999 [Reserved)

PART 1176-PART-TIME CAREER

EMPLOYMENT

1100 Pennsylvania Avenue, NW., Room 419, Washington, DC 20506.

(d) The agency shall accept and investigate all complete complaints for which it has jurisdiction. All complete complaints must be filed within 180 days of the alleged act of discrimination. The agency may extend this time period for good cause.

(e) If the agency receives a complaint over which it does not have jurisdiction, it shall promptly notify the complainant and shall make reasonable efforts to refer the complaint to the appropriate government entity.

(f) The agency shall notify the Architectural and Transportation Barriers Compliance Board upon receipt of any complaint alleging that a building or facility that is subject to the Architectural Barriers Act of 1968, as amended (42 U.S.C. 4151 through 4157), or section 502 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 792), is not readily accessible to and usable by handicapped persons.

(g) Within 180 days of the receipt of a complete complaint for which it has jurisdiction, the agency shall notify the complainant of the results of the investigation in a letter containing

(1) Findings of fact and conclusions of law;

(2) A description of a remedy for eacli violation found;

(3) A notice of the right to appeal.

(h) Appeals of the findings of fact and conclusions of law or remedies must be filed by the complainant within 90 days of receipt from the agency of the letter required by § 1175.170(g). The agency may extend this time for good cause.

(i) Timely appeals shall be accepted and processed by the head of the agency.

(j) The head of the agency shall notify the complainant of the results of the appeal within 60 days of the receipt of the request. If the head of the agency determines that additional information is needed from the complainant, he or she shall have 60 days from the date of receipt of the additional information to make his or her determination on the appeal.

(k) The time limits cited in paragraphs (g) and (j) of this section may

Sec. 1176.1 General. 1176.2 Definitions. 1176.3 Criteria. 1176.4 Establishing and converting part

time positions. 1176.5 Annual plan. 1176.6 Review and evaluation. 1176.7 Publicizing vacancies. 1176.8 Exceptions. 1176.9–1176.99 [Reserved)

AUTHORITY: Federal Employees Part-Time Career Employment Act of 1978, Pub. L. 95437, 92 Stat. 1055, 5 U.S.C. 3401-3408.

SOURCE: 46 FR 35647, July 10, 1981, unless otherwise noted.

8 1176.1 General.

(a) Purpose. Many individuals in society possess great productive potential which goes unrealized because they cannot meet the requirements of a standard workweek. Permanent parttime employment also provides benefits to other individuals in a variety of ways, such as providing older individuals with a gradual transition into retirement, providing employment opportunities to handicapped individuals or others who require a reduced workweek, providing parents with opportunities to balance family responsibilities with the need for added income, and assisting students who must finance their own education or vocational training. In view of this, the National Endowment for the Humanities will operate a part-time career employment program, consistent with its responsibilities and in accordance with Pub. L. 95-437, the Federal Employees' Part-Time Career Employment Act of 1978.

30-164 0-89--24

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