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(iii) Provide a qualified handicapped (5) A recipient may not, directly or person with an aid, benefit, or service through contractual or other arrangethat is not as effective as that provid. ments, utilize criteria or methods of ed to others;

administration: (iv) Provide different or separate (i) That have the effect of subjectaid, benefits, or services to handi ing qualified handicapped persons to capped persons or to any class of discrimination of the basis of handihandicapped persons unless such

cap; action is necessary to provide qualified

(ii) That have the purpose or effect handicapped persons with aid, bene

of defeating or substantially impairing fits, or services that are as effective as

accomplishment of the objectives of those provided to others;

the recipient's program with respect to (v) Aid or perpetuate discrimination

handicapped persons; or against a qualified handicapped

(iii) That perpetuate the discriminaperson by providing significant assist

tion of another recipient if both recipiance to an agency, organization, or

ents are subject to common adminisperson that discriminates on the basis

trative control or are agencies of the of handicap in providing any aid, bene

same State. fit, or service to beneficiaries of the recipient's program;

(6) In determining the site or loca

tion of a facility, an applicant for as(vi) Deny a qualified handicapped person the opportunity to participate

sistance or a recipient may not make as a member of planning or advisory

selections: boards; or

(i) That have the effect of excluding (vii) Otherwise limit a qualified

handicapped persons from, denying handicapped person in the enjoyment

them the benefits of, or otherwise subof any right, privilege, advantage, or

jecting them to discrimination under opportunity enjoyed by others receiv

any program or activity that receives ing an aid, benefit, or service.

or benefits from Federal financial as(2) For purposes of this part, aids,

sistance; or benefits, and services, to be equally ef

(ii) That have the purpose or effect fective. are not required to produce of defeating or substantially impairing the identical result or level of achieve

the accomplishment of the objectives ment for handicapped persons and

ed persons and of the program or activity with respect nonhandicapped persons. but must to handicapped persons. afford handicapped persons equal op- (7) As used in this section, the aid, portunity to obtain the same result, to benefit, or service provided under a gain the same benefit, or to reach the program or activity receiving or benesame level of achievement, in the most fiting from Federal financial assistintegrated setting appropriate to the ance includes any aid, benefit, or servperson's needs.

ice provided in or through a facility (3) Recipients shall take appropriate that has been constructed, expanded, steps to ensure that no handicapped altered, leased or rented, or otherwise individual is denied the benefits of. ex. acquired, in whole or in part, with cluded from participation in, or other

Federal financial assistance. wise subjected to discrimination in any (8) Recipients shall take appropriate program receiving or benefiting from steps to ensure that communications Federal financial assistance because of with their applicants, employees, and the absence of auxiliary aids for indi. beneficiaries are available to persons viduals with impaired sensory, with impaired vision and hearing. manual, or speaking skills.

(c) Programs limited by Federal law. (4) Despite the existence of separate The exclusion of nonhandicapped peror different programs or activities pro- sons from the benefits of a program vided in accordance with this part, a limited by Federal statute of Execurecipient may not deny a qualified tive order to handicapped persons handicapped person the opportunity from a program limited by Federal to participate in such programs or ac- statute or Executive order to a differtivities that are not separate or differ ent class of handicapped persons is not

prohibited by this part.

ent.

8 1251.104 Assurances required.

include a condition coupled with a (a) Assurances. An applicant for Fed

right to be reserved by NASA to revert eral financial assistance for a program

title to the property in the event of a or activity to which this part applies breach of the covenant. If a transferee shall submit an assurance, on a form of real property proposes to mortgage specified by the Assistant Administra or otherwise encumber the real proptor, that the program will be operated erty as security for financing construcin compliance with this part. An appli- tion of new, or improvement of existcant may incorporate these assurances ing facilities on the property for the by reference in subsequent applica purposes for which the property was tions to NASA.

transferred, the Assistant Administra(b) Duration of obligation. (1) In the tor may, upon request of the transfercase of Federal financial assistance ex ee and if necessary to accomplish such tended in the form of real property or financing and upon such conditions as to provide real property or structures

he or she deems appropriate, agree to on the property, the assurance will ob

forbear the exercise of such right to ligate the recipient or, in the case of a

revert title for so long as the lien of subsequent transfer, the transferee, for the period during which the real

such mortgage or other encumbrance property or structures are used for the

remains effective. purpose for which Federal financial

8 1251.105 Remedial action, voluntary assistance is extended or for another

action, and self-evaluation. purpose involving the provision of similar services or benefits.

(a) Remedial action. (1) If the As(2) In the case of Federal financial sistant Administrator finds that a reassistance extended to provide person cipient has discriminated against peral property, the assurance will obligate sons on the basis of handicap in violathe recipient for the period during tion of section 504 or this part, the rewhich it retains ownership or posses cipient shall take such remedial action sion of the property.

as the Assistant Administrator deems (3) In all other cases, the assurance necessary to overcome the effects to will obligate the recipient for the the discrimination. period during which Federal financial (2) Where a recipient is found to assistance is extended.

have discriminated against persons on (c) Covenants. (1) Where Federal fi

the basis of handicap in violation of

the ba nancial assistance is provided in the section 504 or this part and where anform of real property or interest in other recipient exercises control over the property from NASA, the instru

the recipient that has discriminated, ment effecting or recording this trans

the Assistant Administrator, where apfer shall contain a covenant running

propriate, may require either or both with the land to assure nondiscrimina

recipients to take remedial action. tion for the period during which the

(3) The Assistant Administrator real property is used for a purpose for

may, where necessary to overcome the which the Federal financial assistance

effects of discrimination in violation of is extended or for another purpose in

section 504 or this part, require a revolving the provision of similar serv

cipient to take remedial action: ices or benefits.

(i) With respect to handicapped per(2) Where no transfer of property is involved but property is purchased or

sons who are no longer participants in improved with Federal financial assist

the recipient's program but who were ance, the recipient shall agree to in

participants in the program when such clude the covenant described in para

discrimination occurred; or graph (c)(3) of this section in the in

(ii) With respect to handicapped perstrument effecting or recording any sons who would have been participants subsequent transfer of the property. in the program had the discrimination

(3) Where Federal financial assist not occurred; or ance is provided in the form of real (iii) With respect to handicapped property or interest in the property persons presently in the program, but from NASA, the covenant shall also not receiving full benefits or equal and integrated treatment within the pro- (b) Adoption of grievance procegram.

dures. A recipient that employs 15 or (b) Voluntary action. A recipient more persons shall adopt grievance may take steps, in addition to any procedures that incorporate appropriaction that is required by this part, to ate due process standards and that overcome the effects of conditions provide for the prompt and equitable that resulted in limited participation resolution of complaints alleging any in the recipient's program or activity action prohibited by this part. Such by qualified handicapped persons. procedures need not to be established

(c) Self-evaluation. (1) A recipient with respect to complaints from applishall, within 1 year of the effective cants for employment or from applidate of this part; or within 1 year of cants for admission to postsecondary first becoming a recipient:

educational institutions. (i) Evaluate, with the assistance of interested persons, including handi 8 1251.107 Notice. capped persons or organizations repre- (a) A recipient that employs 15 or senting handicapped persons, its cur more persons shall take appropriate rent policies and practices and the ef initial and continuing steps to notify fects thereof that do not or may not

participants, beneficiaries, applicants, meet the requirements of this part;

and employees, including those with (ii) Modify, after consultation with impaired vision or hearing, and unions interested persons, including handi

or professional organizations holding capped persons or organizations repre

collective bargaining or professional senting handicapped persons, any poli agreements with the recipient that it cies and practices that do not meet the

does not discriminate on the basis of requirements of this part; and

handicap in violation of section 504 (iii) Take, after consultation with in and this part. The notification shall terested persons, including handi- state, where appropriate, that the recapped persons or organizations repre

cipient does not discriminate in admissenting handicapped persons, appro- sion or access to, or treatment or empriate remedial steps to eliminate the

ployment in, its programs and activieffects of any discrimination that re

ties. The notification shall also include sulted from adherence to these poli. an identification of the responsible cies and practices.

employee designated pursuant to (2) A recipient that employs 15 or $ 1251.106(a). A recipient shall make more persons shall, for at least 3 the initial notification required by this years, follow completion of the evalua

paragraph within 90 days of the effection required under paragraph (c)(1)

tive date of this part. Methods of ini. of this section, maintain on file, make tial and continuing notification may available for public inspection, and

include the posting of notices, publicaprovide to the Assistant Administrator tion in newspapers and magazines, upon request:

placement of notices in recipient's (i) A list of the interested persons publication, and distribution of memoconsulted;

randa or other written communica(ii) A description of areas examined

tions. and any problems identified; and

(b) If a recipient publishes or uses (iii) A description of any modifica- recruitment materials or publications tions made and of any remedial steps containing general information that it

makes available to participants, bene

ficiaries, applicants, or employees, it 8 1251.106 Designation of responsible em shall include in those materials or ployee and adoption of grievance pro

publications a statement of the policy cedures.

described in paragraph (a) of this sec(a) Designation of responsible em- tion. A recipient may meet the reployee. A recipient that employs 15 or quirement of this section and this more persons shall designate at least paragraph either by including approone person to coordinate its efforts to priate inserts in existing materials and comply with this part.

publications or by revising and re

taken.

printing the materials and publica tions. 8 1251.108 Administrative requirements

for small recipients. The Assistant Administrator may require any recipient with fewer than 15 employees, or any class of such recipi. ents, to comply with $$ 1251.106 and 1251.107, in whole or in part, when the Assistant Administrator 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 services.

8 1251.109 Effect of State or local law or

other requirements and effect of em

ployment 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 persons to receive services or to practice any occupation or profession.

(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 persons than for nonhandicapped persons.

cants or employees in any way that adversely affects their opportunities or status because of handicap.

(4) A recipient may not participate in a contractual or other relationship that has the effect of subjecting qualified handicapped applicants or em. ployees 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 applications for employment;

(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 compensation;

(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 virtue 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 programs; and

(9) Any other term, condition, or privilege of employment.

(c) A recipient's obligation to comply with this subpart is not affected by any inconsistent term of any collective bargaining agreement to which it is a party.

(d) A recipient may not participate in a contractual or other relationship that has the effect of subjecting quali. fied handicapped applicants or em. ployees to discrimination prohibited

Subpart 1251.2—Employment

Practices 8 1251.200 Discrimination prohibited.

(a) General. (1) No qualified handicapped person shall, on the basis of handicap, be subjected to discrimination in employment under any program or activity to which this part applies.

(2) A recipient that receives assistance shall take positive steps to employ and advance in employment qualified handicapped persons in programs assisted under the Act.

(3) A recipient shall make all decisions concerning employment under any program or activity to which this part applies in a manner which ensures that discrimination on the basis of handicap does not occur and may not limit, segregate, or classify appli

by this subpart. The relationships referred to in this paragraph 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.

any class of handicapped persons unless:

(1) The test score or other selection criterion, as used by the recipient, is shown to be job-related for the position in question; and

(2) Alternative job-related tests of criteria that do not screen out or tend to screen out as many handicapped persons are not shown by the Assistant Administrator to be available.

(b) A recipient shall select and administer tests concerning employment so as best to ensure that, when administered to an applicant or employee who has a handicap that impairs sensory, manual, or speaking skills, the test results accurately reflect the applicant's or employee's job skills, apti. tude, or whatever other factor the test purports to measure, rather than reflecting the applicant's or employee's impaired sensory, manual, or speaking skills (except where those skills are the factors that the test purports to measure).

8 1251.201 Reasonable accommodation.

(a) A recipient shall make reasonable accommodation to the known physical or mental limitations of an otherwise qualified handicapped applicant or employee unless the recipient can demonstrate that the accommodation would impose an undue hardship on the operation of its program.

(b) Reasonable accommodation may include:

(1) Making facilities used by employees readily accessible to and usable by handicapped persons; and

(2) 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.

(c) 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 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

(3) The nature and cost of the accommodation needed.

(d) A recipient may not deny any employment opportunity to a qualified handicapped employee or applicant if the basis for the denial is the need to make reasonable accommodation to the physical or mental limitations of the employee or applicant. 8 1251.202 Employment criteria.

(a) A recipient may not make use of any employment test or other selection criterion that screens out or tends to screen out handicapped persons or

8 1251.203 Preemployment inquiries.

(a) Except as provided in paragraphs (b) and (c) of this section, a recipient may not conduct a preemployment medical examination or may not make preemployment inquiry of an appli-. cant as to whether the applicant is a handicapped person or as to the nature or 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 pursuant to $ 1251.105(a), when a recipient is taking voluntary action to overcome the effects of conditions that resulted in limited participation in its Federally assisted program or activity pursuant to 8 1251.105(b), or when a recipient is taking affirmative action pursuant to section 504 of the Act, the recipient may invite applicants for employment to indicate whether and to what extent they are handicapped, provided that:

(1) The recipient states clearly on any written questionnaire used for this purpose or makes clear orally if

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