Page images

conducted by the agency. The defini- after considering all agency resources tions, requirements, and procedures of available for use in the funding and section 501 of the Rehabilitation Act operation of the conducted program or of 1973 (29 U.S.C. 791), as established activity, and must be accompanied by by the Equal Employment Opportuni a written statement of the reasons for ty Commission in 29 CFR Part 1613, reaching that conclusion. If an action shall apply to employment in federally would result in such an alteration or conducted programs or activities.

such burdens, the agency shall take

any other action that would not result § 1251.541—1251.548 [Reserved]

in such an alteration or such burdens

but would nevertheless ensure that in$ 1251.549 Program accessibility: Discrim

dividuals with handicaps receive the ination prohibited.

benefits and services of the program Except as otherwise provided in or activity. $ 1251.550, no qualified individual with (b) Methods(1) General. The handicaps shall, because the agency's agency may comply with the requirefacilities are inaccessible to or unus ments of this section through such able by individuals with handicaps, be means as redesign of equipment, reasdenied the benefits of, be excluded signment of services to accessible from participation in, or otherwise be buildings, assignment of aides to benesubjected to discrimination under any ficiaries, home visits, delivery of servprogram or activity conducted by the ices at alternate accessible sites, alteragency.

ation of existing facilities and con

struction of new facilities, use of acces8 1251.550 Program accessibility: Existing

sible rolling stock, or any other methfacilities.

ods that result in making its programs (a) General. The agency shall oper or activities readily accessible to and ate each program or activity so that usable by individuals with handicaps. the program or activity, when viewed The agency is not required to make in its entirety, is readily accessible to structural changes in existing facilities and usable by individuals with handi where other methods are effective in caps. This paragraph does not

achieving compliance with this sec(1) Necessarily require the agency to tion. The agency, in making altermake each of its existing facilities ac ations to existing buildings, shall meet cessible to and usable by individuals accessibility requirements to the with handicaps;

extent compelled by the Architectural (2) In the case of historic preserva Barriers Act of 1968, as amended (42 tion programs, require the agency to U.S.C. 4151-4157), and any regulations take any action that would result in a implementing it. In choosing among substantial impairment of significant available methods for meeting the rehistoric features of an historic proper quirements of this section, the agency ty; or

shall give priority to those methods (3) Require the agency to take any that offer programs and activities to action that it can demonstrate would qualified individuals with handicaps in result in a fundamental alteration in the most integrated setting approprithe nature of a program or activity or ate. in undue financial and administrative (2) Historic preservation programs. burdens. In those circumstances where In meeting the requirements of agency personnel believe that the pro- $ 1251.550(a) in historic preservation posed action would fundamentally programs, the agency shall give priorialter the program or activity or would ty to methods that provide physical result in undue financial and adminis- access to individuals with handicaps. trative burdens, the agency has the In cases where a physical alteration to burden of proving that compliance an historic property is not required bewith g 1251.550(a) would result in such cause of $ 1251.550(a) (2) or (3), alteralteration or burdens. The decision native methods of achieving program that compliance would result in such accessibility includealteration or burdens must be made by (i) Using audio-visual materials and the agency head or his or her designee devices to depict those portions of an

[ocr errors][ocr errors][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small]

historic property that cannot other caps. The definitions, requirements, wise be made accessible;

and standards of the Architectural (ii) Assigning persons to guide indi. Barriers Act (42 U.S.C. 4151-4157), as viduals with handicaps into or established in 41 CFR 101-19.600 to through portions of historic properties 101-19.607, apply to buildings covered that cannot otherwise be made accessi- by this section. ble; or

(iii) Adopting other innovative meth- 88 1251.552—1251.559 (Reserved) ods. (c) Time period for compliance. The

8 1251.560 Communications. agency shall comply with the obliga (a) The agency shall take appropritions established under this section by ate steps to ensure effective communiNovember 7, 1988, except that where cation with applicants, participants, structural changes in facilities are un personnel of other Federal entities, dertaken, such changes shall be made and members of the public. by September 6, 1991, but in any event (1) The agency shall furnish approas expeditiously as possible.

priate auxiliary aids where necessary (d) Transition plan. In the event to afford an individual with handicaps that structural changes to facilities an equal opportunity to participate in, will be undertaken to achieve program and enjoy the benefits of, a program accessibility, the agency shall develop, or activity conducted by the agency. by March 6, 1989, a transition plan set- (i) In determining what type of auxting forth the steps necessary to com iliary aid is necessary, the agency shall plete such changes. The agency shall give primary consideration to the reprovide an opportunity to interested quests of the individual with handipersons, including individuals with caps. handicaps or organizations represent (ii) The agency need not provide ining individuals with handicaps, to par dividually prescribed devices, readers ticipate in the development of the for personal use or study, or other detransition plan by submitting com- vices of a personal nature. ments (both oral and written). A copy (2) Where the agency communicates of the transition plan shall be made with applicants and beneficiaries by available for public inspection. The telephone, telecommunication devices plan shall, at a minimum,

for deaf persons (TDD's) or equally ef(1) Identify physical obstacles in the fective telecommunication systems agency's facilities that limit the acces shall be used to communicate with sibility of its programs or activities to persons with impaired hearing. individuals with handicaps;

(b) The agency shall ensure that in(2) Describe in detail the methods terested persons, including persons that will be used to make the facilities with impaired vision or hearing, can accessible;

obtain information as to the existence (3) Specify the schedule for taking and location of accessible services, acthe steps necessary to achieve compli- tivities, and facilities. ance with this section and, if the time (c) The agency shall provide signage period of the transition plan is longer at a primary entrance to each of its inthan one year, identify steps that will accessible facilities, directing users to be taken during each year of the tran a location at which they can obtain insition period; and

formation about accessible facilities. (4) Indicate the official responsible The international symbol for accessifor implementation of the plan.

bility shall be used at each primary

entrance of an accessible facility. 8 1251.551 Program accessibility: New con

(d) This section does not require the struction and alterations.

agency to take any action that it can Each building or part of a building demonstrate would result in a fundathat is constructed or altered by, on mental alteration in the nature of a behalf of, or for the use of the agency program or activity or in undue finanshall be designed, constructed, or al cial and administrative burdens. In tered so as to be readily accessible to those circumstances where agency perand usable by individuals with handi- sonnel believe that the proposed


action would fundamentally alter the (e) If the agency receives a comprogram or activity or would result in plaint over which it does not have juundue financial and administrative risdiction, it shall promptly notify the burdens, the agency has the burden of complainant and shall make reasonaproving that compliance with ble efforts to refer the complaint to § 1251.560 would result in such alter the appropriate Government entity. ation or burdens. The decision that (f) The agency shall notify the Arcompliance would result in such alter

chitectural and Transportation Baration or burdens must be made by the

riers Compliance Board upon receipt agency head or his or her designee

of any complaint alleging that a buildafter considering all agency resources

ing or facility that is subject to the Aravailable for use in the funding and

chitectural Barriers Act of 1968, as operation of the conducted program or

amended (42 U.S.C. 4151-4157), is not activity and must be accompanied by a

readily accessible to and usable by inwritten statement of the reasons for

dividuals with handicaps. reaching that conclusion. If an action

(g) Within 180 days of the receipt of required to comply with this section would result in such an alteration or

a complete complaint for which it has

jurisdiction, the agency shall notify such burdens, the agency shall take any other action that would not result

the complainant of the results of the in such an alteration or such burdens

investigation in a letter containingbut would nevertheless ensure that, to

(1) Findings of fact and conclusions the maximum extent possible, individ

of law; uals with handicaps receive the bene

(2) A description of a remedy for fits and services of the program or ac

each violation found; and

(3) A notice of the right to appeal.

(h) Appeals of the findings of fact 88 1251.561—1251.569 (Reserved)

and conclusions of law or remedies

must be filed by the complainant 8 1251.570 Compliance procedures.

within 90 days of receipt from the (a) Except as provided in paragraph agency of the letter required by (b) of this section, this section applies $ 1251.570(g). The agency may extend to all allegations of discrimination on this time for good cause. the basis of handicap in programs and (i) Timely appeals shall be accepted activities conducted by the agency. and processed by the head of the

(b) The agency shall process com- agency. plaints alleging violations of section (j) The head of the agency shall 504 with respect to employment ac notify the complainant of the results cording to the procedures established of the appeal within 60 days of the reby the Equal Employment Opportuni- ceipt of the request. If the head of the ty Commission in 29 CFR Part 1613 agency determines that additional inpursuant to section 501 of the Reha formation is needed from the combilitation Act of 1973 (29 U.S.C. 791).

plainant, he or she shall have 60 days (c) The Assistant Administrator for from the date of receipt of the addiEqual Opportunity Programs shall be

tional information to make his or her responsible for coordinating imple determination on the appeal. mentation of this section. Complaints

(k) The time limits cited in paramay be sent to the Office of Equal Op

graphs (g) and (j) of this section may portunity Programs, Room 6119, 400

be extended with the permission of Maryland Avenue, SW., Washington, DC 20546.

the Assistant Attorney General.

(1) The agency may delegate its au(d) The agency shall accept and in

thority for conducting complaint investigate all complete complaints for

vestigations to other Federal agencies, which it has jurisdiction. All complete

except that the authority for making complaints must be filed within 180

the final determination may not be days of the alleged act of discrimina

delegated to another agency. tion. The agency may extend this time period for good cause.

(53 FR 25882 and 25885, July 8, 1989)



Subpart 1252.1—General

Subpart 1252.1-General 8 1252.100 What is the purpose of NASA's

age discrimination regulations? The purpose of these regulations is to set out NASA's policies and to im. plement agencywide or agency proce. dures under the Age Discrimination Act of 1975 according to the govern. ment-wide age discrimination regulations at 45 CFR Part 90. (Published at 44 FR 33768, June 12, 1979.) The Act and the government-wide regulations prohibit discrimination on the basis of age in programs or activities receiving Federal financial assistance. The Act and the governmentwide regulations permit federally assisted programs and activities and recipients of Federal funds, to continue to use age distinc. tions and factors other than age which meet the requirements of the Act and the governmentwide regulations.

[blocks in formation]

Subpart 1252.4–Investigation, Conciliation,

and Enforcement Procedures 1252.400 Compliance reviews. 1252.401 Complaints. 1252.402 Mediation. 1252.403 Investigation. 1252.404 Prohibition against intimidation

or retaliation. 1252.405 Compliance procedure. 1252.406 Hearings. 1252.407 Notices, decisions, and post-termi

nation proceedings. 1252.408 Remedial action by recipients. 1252.409 Alternate funds disbursal proce

dure. 1252.410 Exhaustion of administrative

remedies. 1252.411 Age distinctions.

AUTHORITY: Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq. (45 CFR Part 90).

SOURCE: 50 FR 13311, Apr. 4, 1985, unless otherwise noted.

8 1252.102 To what programs do these reg.

ulations apply? (a) These regulations apply to each NASA recipient and to each program or activity operated by the recipient which receives or benefits from Federal financial assistance provided by NASA.

(b) The Age Discrimination Act of 1975 does not apply to:

(1) An age distinction contained in that part of a Federal, State, or local statute or ordinance adopted by an elected body which:

(i) Provides any benefits or assistance to persons based on age; or

(ii) Establishes criteria for participation in age-related terms; or

(iii) Describes intended beneficiaries or target groups in age-related terms.

(2) Any employment practice of any employer, employment agency, labor organization, or any labor-management joint apprenticeship training program, except for any program or activity receiving Federal financial assistance for public service employment under the Comprehensive Employment and Training Act of 1974 (CETA) (29 U.S.C. 801 et seq.).

8 1252.103 Definitions.

As used in these regulations, the term:

(1) Subrecipient means any of the entities in the definition of “recipient to which a recipient extents or passes on Federal financial assistance. A subrecipient is generally regarded as a recipient of Federal financial assistance and has all the duties of a recipi. ent in these regulations.

(m) United States means the 50 States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Wake Island, the Canal Zone, the Trust Territory of the Pacific Islands, the Northern Marianas, and the territories and possessions of the United States.

(a) Act means the Age Discrimination Act of 1975, as amended. (Title III of Pub. L. 94-135.)

(b) Action means any act, activity, policy, rule, standard, or method of administration; or the use of any policy, rule, standard, or method of administration.

(c) Age means how old a person is, or the number of elapsed years from the date of a person's birth.

(d) Age distinction means any action using age or an age-related term.

(e) Age-related term means a word or words which necessarily imply a particular age or range of ages (for example, "children,” “adult,"older persons,” but not "student”).

(f) Discrimination means unlawful treatment based on age.

(g) NASA means the National Aeronautics and Space Administration.

(h) Federal financial assistance means any grant, entitlement, loan, cooperative agreement contract (other than a procurement contract or a contract of insurance or guaranty), or any other arrangement by which the agency provides or otherwise makes available assistance in the form of: (1) Funds; (2) Services of Federal personnel; or interest in or use of property, includ

Subpart 1252.2—Standards for Determining Age Discrimination


(i) Transfer or lease of property for less than fair market value or for reduced consideration; and

(ii) Proceeds from a subsequent transfer or lease of property if the Federal share of its fair market value is not returned to the Federal Government.

(i) FMCS means the Federal Mediation and Conciliation Service.

(j) Recipient means any State or its political subdivision, any instrumentality of a State or its political subdivision, any public or private agency, institution, organization, or other entity, or any person to which Federal financial assistance is extended, directly or through another recipient. Recipient includes any successor, assignee. or transferee, but excludes the ultimate beneficiary of the assistance.

(k) Administrator means the Administrator of the National Aeronautics and Space Administration or designee.

8 1252.200 Rules against age discrimina

tion. The rules stated in this section are limited by the exceptions contained in § 1252.201.

(a) General rule: No person in the United States shall, on the basis of age be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

(b) Specific rules: A recipient may not, in any program or activity receiving Federal financial assistance, directly or through contractual, licensing, or other arrangements use age distinctions or take any other actions which have the effect, on the basis of age, of:

(1) Excluding individuals from, deny. ing them the benefits of, or subjecting them to discrimination under a program or activity receiving Federal financial assistance; or

(2) Denying or limiting individuals in their opportunity to participate in any program or activity receiving Federal financial assistance.

(c) The specific forms of age discrimination listed in paragraph (b) of this section do not necessarily constitute a section do. complete list. 8 1252.201 Exceptions to the rules against

age discrimination. (a) Definitions. For purposes of this section, the terms normal operation

« PreviousContinue »