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force statistics from Equal Employment Opportunity Statistics (publication in process).

The labor force figures are published annually; the Federal employment statistics semiannually. These measures, and any modifications agreed upon by the Commission and OPM, will be updated annually.

Regional and area Federal employment statistics are available from the Office of Personnel Management. The latest reliable local labor force data by race, national origin, and sex is from the 1970 Census. The Commission and OPM will consult on appropriate labor force measures to be used for local analyses.

E. These initial determinations are based upon a preliminary analysis of the data, and may be further refined by the Commission, in consultation with OPM, to include geographic and occupational underrepresentation. It is further recognized that for the purpose of developing regulations, the OPM, in consultation with the Commission, will undertake more specific analyses of data use and applicability necessary to develop programs for the Federal agencies pursuant to Section 7201(a)(2)(C). The OPM may establish criteria for grouping agencies, for treating agency components separately and for grouping grades and pay systems. In addition, OPM may study other available data sources and use other techniques to assure statistically significant findings of underrepresentation. Based upon these studies, OPM may make recommendations to the Commission for future determinations of underrepresentation.

III. Procedures for Developing Recruitment Programs. A. The program developed and implemented by OPM under Section 7201 should be designed to result in applicant pools with sufficient qualified members of underrepresented groups. Where the supply of such groups initially appears to be low for specific occupational, professional and other groupings, the program should be designed so that recruitment efforts stimulate interest of underrepresented groups in those occupations where there are realistic projections of Federal employment opportu

ate geographic components; by grade; by broad occupational, professional and other groupings in comparison to the national civilian labor force, according to the criteria developed by OPM under these guidelines.

Where an agency or major component thereof (such as Headquarters and Regional Offices) is located in a geographic area where the percentage of underrepresented groups in the area civilian labor force is higher than their percentage in the national labor force, the agency or appropriate component should conduct its recruitment program for that component on the basis of the higher level of representation in the relevant civilian labor force.

Where an agency or major component thereof is located in a geographic area where participation of a particular underrepresented group in the area labor force is significantly lower than their participation in the national labor force, such agency or component may, in consultation with OPM, utilize the lower applicable civilian labor force percentage in determining underrepresentation for the component. In no event, however, may the agency utilize a figure lower than the regional or nationwide Section 7201 level for positions where recruitment on a regional or nationwide basis is feasible. Factors such as size of the agency or unit, nature of jobs and their wage or pay scale may be considered to set goals and to justify a recruitment program focused on various job categories.

IV. Scope of Actions Covered by This Program. A. “Recruitment" under this program is defined as the total process by which the Federal Government and the Federal agencies locate, identify and assist in the employment of qualified or qualifiable applicants from underrepresented groups for job openings in grades and in occupational categories where underrepresentation has been determined. This process should include innovative internal, as well as targeted external, recruitment actions.

B. Prior to developing regulations, the Office should review data on personnel actions and other information, to identify those job categories for which internal recruitment and external recruitment is most appropriate and feasible, and to provide guidance to the Federal agencies for targeting their recruitment programs, based on this information. OPM should advise all agencies that all job qualifications, personnel procedures and criteria must be consistent with the Uniform Guidelines on Employee Selection Procedures (43 FR 38290 August 25, 1978) OPM should consider the following in providing guidance to agencies:

1. External Recruitment Programs. 2. Such programs should focus on grade levels and/or job categories where underrepresentation has been identified and where exter

nities.

B. In establishing groupings for determin ing underrepresentation, OPM should utilize broad occupational categories to the extent possible.

C. The Commission recognizes that OPM's regulations should allow flexibility in devel. opment and design of each Federal agency's recruitment program. However, all statistical comparisons must be computed in a manner consistent with the method utilized in II C of this appendix.

The Commission recommends that each agency program meet several minimum requirements. The program should be based on a determination of underrepresentation in the agency's total workforce, in appropri.

nal recruitment realistically will result in eliminate any duplication, conflict or incon. hiring opportunities.

sistency in requirements for equal opportuRecruitment programs also should include nity programs in the Federal agencies. a review of job functions to determine those D. In preparing its annual report to the

that may be better performed by per- Congress pursuant to the Act, OPM should sons who are bicultural and who have bilin do so in consultation with the Commission. gual capabilities, and those jobs that can be performed by persons not fluent in English.

[44 FR 22031, Apr. 13, 1979; 44 FR 76747, b. Where eligibility lists are used for fill Dec. 28, 1979) ing jobs, it is recommended that the regulations require, an analysis by race, national PART 723—ENFORCEMENT OF NONorigin and sex, to determine whether the

DISCRIMINATION ON THE BASIS list contains sufficient candidates from groups underrepresented in those jobs.

OF HANDICAP IN PROGRAMS OR OPM should require that where the list ACTIVITIES CONDUCTED BY THE does not have such representation, expand OFFICE OF PERSONNEL MANAGEed recruitment procedures be designed to

MENT assure that members of underrepresented groups qualified to perform the job(s) are included in the pool of applicants from

Sec. which the selecting official makes the selec

723.101 Purpose. tion. Such expanded recruitment proce 723.102 Application. dures may include additional external re 723.103 Definitions.

ment or various actions (such as de- 723.104—723.109 (Reserved) scribed in 2. below) to reach members of 723.110 Self-evaluation. these groups within the Federal workforce 723.111 Notice. who are qualified or qualifiable for these 723.112—723.129 (Reserved) jobs.

723.130 General prohibitions against dis2. Internal Recruitment Programs. a. In crimination. ternal recruitment programs should be de. 723.131–723.139 (Reserved) signed by agencies to identify currently 723.140 Employment. qualified or qualifiable persons for job cate. 723.141–723.148 (Reserved) gories and series where underrepresentation 723.149 Program accessibility: Discriminaprevails, according to the national determi tion prohibited. nations and the determinations made by 723.150 Program accessibility: Existing faeach agency under these guidelines.

cilities. b. Further, OPM should work with Feder

723.151 Program accessibility: New conal agencies to develop effective mechanisms

struction and alterations. for providing information on Federal job op

723.152–723.159 (Reserved) portunities, targeted to reach Federal em

723.160 Communications. ployees from underrepresented groups in all

723.161–723.169 (Reserved) agencies in order to broaden the applicant

723.170 Compliance procedures. pool.

V. Consistency with Reorganization Plan AUTHORITY: 29 U.S.C. 794. No. 1 of 1978. A. The Office shall develop

SOURCE: 53 FR 25880 and 25885, July 8, regulations and implement this program in 108 consultation with the Commission and with

1988, unless otherwise noted. other affected agencies in such manner that

8723.101 Purpose. their recruitment programs may be incorporated as a consistent and effective element . The purpose of this regulation is to of the agencies' national and regional equal effectuate section 119 of the Rehabiliemployment opportunity plans. Each tation, Comprehensive Services, and agency is required to implement such plans

Developmental Disabilities Amendunder the direction and guidance of the

ments of 1978, which amended section Commission in accordance with Section 717

504 of the Rehabilitation Act of 1973 of title VII of the Civil Rights Act of 1964, as amended, and Executive Order 12067.

to prohibit discrimination on the basis B. Procedures shall be established by of handicap in programs or activities OPM and the Commission to assure appro- conducted by Executive agencies or priate consultation in development of the the United States Postal Service. regulations.

C. Pursuant to Reorganization Plan No. 1 8723.102 Application. and to Executive Order 12067 issued thereunder, the Commission will establish proce

This regulation (88 723.101-723.170) dures to provide appropriate consultation applies to all programs or activities and review of the program on a continuing conducted by the agency, except for basis, to maximize its effectiveness and programs or activities conducted outside the United States that do not in Individual with handicaps means volve individuals with handicaps in any person who has a physical or the United States.

mental impairment that substantially

limits one or more major life activities, 8 723.103 Definitions.

has a record of such an impairment, or For purposes of this regulation, the is regarded as having such an impairterm

ment. Assistant Attorney General means As used in this definition, the the Assistant Attorney General, Civil phrase: Rights Division, United States Depart (1) "Physical or mental impairment" ment of Justice.

includesAuxiliary aids means services or de- (i) Any physiological disorder or convices that enable persons with im dition, cosmetic disfigurement, or anapaired sensory, manual, or speaking tomical loss affecting one or more of skills to have an equal opportunity to the following body systems: Neurologiparticipate in, and enjoy the benefits cal; musculoskeletal; special sense of, programs or activities conducted by organs; respiratory, including speech the agency. For example, auxiliary organs; cardiovascular; reproductive; aids useful for persons with impaired digestive; genitourinary; hemic and vision include readers, Brailled materi- lymphatic; skin; and endocrine; or als, audio recordings, and other similar (ii) Any mental or psychological disservices and devices. Auxiliary aids order, such as mental retardation, oruseful for persons with impaired hear ganic brain syndrome, emotional or ing include telephone handset amplifi mental illness, and specific learning ers, telephones compatible with hear disabilities. The term “physical or ing aids, telecommunication devices mental impairment" includes, but is for deaf persons (TDD's), interpreters, not limited to, such diseases and condinotetakers, written materials, and tions as orthopedic, visual, speech, and other similar services and devices. hearing impairments, cerebral palsy,

Complete complaint means a written epilepsy, muscular dystrophy, multiple statement that contains the complain sclerosis, cancer, heart disease, diabeant's name and address and describes tes, mental retardation, emotional illthe agency's alleged discriminatoryness, and drug addiction and alcoholaction in sufficient detail to inform ism. the agency of the nature and date of (2) “Major life activities” includes the alleged violation of section 504. It functions such as caring for one's self, shall be signed by the complainant or performing manual tasks, walking, by someone authorized to do so on his seeing, hearing, speaking, breathing, or her behalf. Complaints filed on learning, and working. behalf of classes or third parties shall (3) “Has a record of such an impairdescribe or identify (by name, if possi ment” means has a history of, or has ble) the alleged victims of discrimina been misclassified as having, a mental tion.

or physical impairment that substanFacility means all or any portion of tially limits one or more major life acbuildings, structures, equipment, tivities. roads, walks, parking lots, rolling stock (4) “Is regarded as having an impairor other conveyances, or other real or ment” meanspersonal property.

(i) Has a physical or mental impairHistoric preservation programs ment that does not substantially limit means programs conducted by the major life activities but is treated by agency that have preservation of his- the agency as constituting such a limitoric properties as a primary purpose. tation;

Historic properties means those (ii) Has a physical or mental impairproperties that are listed or eligible ment that substantially limits major for listing in the National Register of life activities only as a result of the atHistoric Places or properties designat titudes of others toward such impaired as historic under a statute of the ment; or appropriate State or local government (iii) Has none of the impairments debody.

fined in paragraph (1) of this defini

88 723.104—723.109 (Reserved)

8 723.110 Self-evaluation.

(a) The agency shall, by September 6, 1989, evaluate its current policies and practices, and the effects thereof, that do not or may not meet the requirements of this regulation 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 individuals with handicaps or organizations representing individuals with handicaps, to participate in the self-evaluation process by submitting comments (both oral and written).

(c) The agency shall, for at least three years following completion of the self-evaluation, maintain on file and make available for public inspection:

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

(2) A description of any modifications made.

tion but is treated by the agency as having such an impairment.

Qualified individual with handicaps means,

(1) With respect to preschool, ele. mentary, or secondary education serv. ices provided by the agency, an individual with handicaps who is a member of a class of persons otherwise entitled by statute, regulation, or agency policy to receive education services from the agency;

(2) With respect to any other agency program or activity under which a person is required to perform services or to achieve a level of accomplishment, an individual with handicaps 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;

(3) With respect to any other program or activity, an individual with handicaps who meets the essential eligibility requirements for participation in, or receipt of benefits from, that program or activity; and

(4) “Qualified handicapped person" as that term is defined for purposes of employment in 29 CFR 1613.702(f), which is made applicable to this regulation by $ 723.140.

Section 504 means section 504 of the Rehabilitation Act of 1973 (Pub. L. 93112, 87 Stat. 394 (29 U.S.C. 794)), as amended by the Rehabilitation Act Amendments of 1974 (Pub. L. 93-516, 88 Stat. 1617); the Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978 (Pub. L. 95-602, 92 Stat. 2955); and the Rehabilitation Act Amend. ments of 1986 (Pub. L. 99-506, 100 Stat. 1810). As used in this regulation, section 504 applies only to programs or activities conducted by Executive agencies and not to federally assisted programs.

Substantial impairment means a sig. nificant loss of the integrity of finished materials, design quality, or special character resulting from a permanent alteration.

8723.111 Notice.

The agency shall make available to employees, applicants, participants, beneficiaries, and other interested persons such information regarding the provisions of this regulation and its applicability to the programs or activi. ties 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.

88 723.112—723.129 (Reserved) 8 723.130 General prohibitions against dis

crimination. (a) No qualified individual with handicaps 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 servi aid, benefit, or service, may not, directly or through contractual, licensing, or

other arrangements, on the basis of ty, make selections the purpose or handicap

effect of which would (i) Deny a qualified individual with (i) Exclude individuals with handihandicaps the opportunity to partici caps from, deny them the benefits of, pate in or benefit from the aid, bene or otherwise subject them to discrimifit, or service;

nation under any program or activity (ii) Afford a qualified individual with conducted by the agency; or handicaps an opportunity to partici (ii) Defeat or substantially impair pate in or benefit from the aid, bene the accomplishment of the objectives fit, or service that is not equal to that of a program or activity with respect afforded others;

to individuals with handicaps. (iii) Provide a qualified individual (5) The agency, in the selection of with handicaps with an aid, benefit, or procurement contractors, may not use service that is not as effective in af.

criteria that subject qualified individfording equal opportunity to obtain

uals with handicaps to discrimination the same result, to gain the same ben

on the basis of handicap. efit, or to reach the same level of

(6) The agency may not administer a achievement as that provided to

licensing or certification program in a others;

manner that subjects qualified individ(iv) Provide different or separate

uals with handicaps to discrimination aid, benefits, or services to individuals

on the basis of handicap, nor may the with handicaps or to any class of indi

agency establish requirements for the viduals with handicaps than is provid

programs or activities of licensees or ed to others unless such action is nec

certified entities that subject qualified essary to provide qualified individuals

individuals with handicaps to discrimiwith handicaps with aid, benefits, or

nation on the basis of handicap. Howservices that are as effective as those

ever, the programs or activities of entiprovided to others;

ties that are licensed or certified by (v) Deny a qualified individual with

the agency are not, themselves, Covhandicaps the opportunity to partici

ered by this regulation. pate as a member of planning or advi

(c) The exclusion of nonhandicapped

persons from the benefits of a prosory boards;

gram limited by Federal statute or Ex(vi) Otherwise limit a qualified indi

ecutive order to individuals with vidual with handicaps in the enjoy

handicaps or the exclusion of a specifment of any right, privilege, advan

ic class of individuals with handicaps tage, or opportunity enjoyed by others

from a program limited by Federal receiving the aid, benefit, or service.

statute or Executive order to a differ(2) The agency may not deny a

ent class of individuals with handicaps qualified individual with handicaps

is not prohibited by this regulation. the opportunity to participate in pro

(d) The agency shall administer programs or activities that are not sepa

grams and activities in the most interate or different, despite the existence

grated setting appropriate to the of permissibly separate or different

needs of qualified individuals with programs or activities.

handicaps. (3) The agency may not, directly or through contractual or other arrange 88 723.131—723.139 (Reserved] ments, utilize criteria or methods of administration the purpose or effect 8 723.140 Employment. of which would

No qualified individual with handi(i) Subject qualified individuals with caps shall, on the basis of handicap, be handicaps to discrimination on the

subject to discrimination in employbasis of handicap; or

ment under any program or activity (ii) Defeat or substantially impair conducted by the agency. The definiaccomplishment of the objectives of a tions, requirements, and procedures of program or activity with respect to in section 501 of the Rehabilitation Act dividuals with handicaps.

of 1973 (29 U.S.C. 791), as established (4) The agency may not, in deter- by the Equal Employment Opportunimining the site or location of a facili- ty Commission in 29 CFR part 1613,

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