(4) Each state agency may enter into cooperative arrangements with institutions of higher education to secure the services in such projects of graduate students who are undergoing clinical training activities in related fields. 402. Sections 501 and 505 of the Rehabilitation Act prohibit discrimination based on mental and physical disability and require agencies to reasonably accommodate the known physical or mental limitations of qualified employees or applicants with disabilities. (a)(1) The remedies, procedures, and rights set forth in section 717 of the Civil Rights Act of 1964 (42 U.S.C. (a) The provisions of this section shall apply to all projects approved and assisted under this title. (2) In selecting personnel to fill all positions on the president's committee on employment of the handicapped, spec al consideration shall be given to qualified handicapped individuals. An employer is allowed to hire someone because he or she has a disability, and a rejected applicant cannot sue an employer for discrimination based on the fact that he or she does not have a disability. In addition, agencies will be allowed to deny a request for personal assistance services if the difficulty or cost of providing them would be an undue hardship. Frequently Asked Questions, Commissioner Charges and Directed Investigations, Office of Civil Rights, Diversity and Inclusion, Management Directives & Federal Sector Guidance, Federal Sector Alternative Dispute Resolution. It includes many kinds of mental and physical medical conditions. (1) To demonstrate methods of (a) providing the specialized intensive services, and other services, needed to rehabilitate handicapped individuals who are both deaf and blind, and (b) training the professional and allied personnel needed adequately to staff facilities specifically designed to provide such services and training to such personnel who have been or will be working with deaf-blind individuals; (2) To conduct research in the problems of, and ways of meeting the problems of rehabilitating, deaf-blind individuals; and. 100. Section 501 of the Rehabilitation Act of 1973 is a federal civil rights law prohibiting discrimination against people with disabilities in Federal Government employment. (b) In any action or proceeding to enforce or charge a violation of a provision of this subchapter, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs. Train managers about the hiring authority for people with intellectual disabilities, severe physical disabilities, and psychiatric disabilities (commonly called "Schedule A") and use that authority more often. 291o (a))), in such state, except that if the federal share with respect to rehabilitation facilities in such state is determined pursuant to subparagraph (b) (2) of Section 645 of such act (42 u.s.c. (g) No funds provided under this title may be used to assist in the construction of any facility which is or will be used for religious worship or any sectarian activity. The standards used to determine whether this section has been violated in a complaint alleging nonaffirmative action 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. L. 93-112) (Rehab. 291o (b) (2), the percentage of the cost for purposes of this section shall be determined in accordance with regulations prescribed by the secretary designed to achieve as nearly as practicable results comparable to the results obtained under such subparagraph. (b) The population of the several states and of the united states shall be determined on the basis of the most recent data available, to be furnished by the department of commerce by October 1 of the year preceding the fiscal year for which funds are appropriated pursuant to statutory authorizations. (2) The construction or establishment of public or nonprofit rehabilitation facilities and the provision of other facilities and services which promise to contribute substantially to the rehabilitation of a group of individuals but which are not related directly to the individualized rehabilitation written program of any one handicapped individual. (i) transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders; (ii) compulsive gambling, kleptomania, or pyromania; or. (2) Each project shall be afforded reasonable access to policymaking and administrative personnel in state and local rehabilitation programs, projects, and facilities. (c) The board shall also (1) (a) determine how and to what extent transportation barriers impede the mobility of handicapped individuals and aged handicapped individuals and consider ways in which travel expenses in connection with transportation to and from work for handicapped individuals can be met or subsidized when such individuals are unable to use mass transit systems or need special equipment in private transportation, and (b) consider the housing needs of handicapped individuals; (2) determine what measures are being taken, especially by public and other nonprofit agencies and groups having an interest in and a capacity to deal with such problems, (a) to eliminate barriers from public transportation systems (including vehicles used in such systems), and to prevent their incorporation in new or expanded transportation systems and (b) to make housing available and accessible to handicapped individuals or to meet sheltered housing needs; and (3) prepare plans and proposals for such further actions as may be necessary to the goals of adequate transportation and housing for handicapped individuals, including proposals for bringing together in a cooperative effort, agencies, organizations, and groups already working toward such goals or whose cooperation is essential to effective and comprehensive action. info@eeoc.gov following each section heading. If the secretary finds that all such requirements are satisfied, he may approve the plan to serve in all respects as the substitute for the separate plans which would otherwise be required with respect to each of the programs included therein, or he may advise the state to submit separate plans for such programs. Section 501 applies the affirmative action requirement to all federal agencies and thus all agencies must comply with the rule implementing Section 501. (c) The requirements of this section may be waived, in whole or in part, by the president with respect to a particular contract or subcontract, in accordance with guidelines set forth in regulations which he shall prescribe, when he determines that special circumstances in the national interest so require and states in writing his reasons for such determination. These goals apply at both higher and lower salary levels. (e) Not later than thirty days after the appropriation act containing sums for carrying out the provisions of this act is enacted for each fiscal year, the secretary shall set aside out of sums available to carry out this section or otherwise available pursuant to any other act, an amount which he determines is necessary and appropriate to enable him to carry out the provisions of this section and shall notify the appropriate committees of the congress of the amount so set aside, the number of personnel necessary for such purpose, and the basis for his determination under this subsection and his reasons therefor. (F) Rights provisions; exclusion of individuals on basis of certain disorders, For the purposes of sections 791, 793, and 794 of this title, the term "individual with a disability" does not include an individual on the basis of--. 31 et seq.) The EEOC will not disapprove an agency's affirmative action plan solely because the agency has not reached the rule's employment goals. (a) For the purpose of establishing and operating a national center for deaf-blind youths and adults, there is authorized to be appropriated such sums as may be necessary for construction, which shall remain available until expended, and such sums as may be necessary for operations for the fiscal years ending June 30, 1974, and June 30, 1975. It shall be the purpose and function of the committee (1) to provide a focus for federal and other employment of handicapped individuals, and to review, on a periodic basis, in cooperation with the civil service commission, the adequacy of hiring, placement, and advancement practices with respect to handicapped individuals, by each department, agency, and instrumentality in the executive branch of government, and to insure that the special needs of such individuals are being met; and (2) to consult with the civil service commission to assist the commission to carry out its responsbilities under subsections (b), (c), and (d) of this section. (b) The secretary, through the commissioner in coordination with other appropriate programs in the department of health, education, and welfare, in carrying out research under this act shall establish the expertise and technological competence to, and shall, in consultation with, the national science foundation and the national academy of sciences develop and support, and stimulate the development and utilization (including production and distribution of new and existing devices) of, innovative methods of applying advanced medical technology, scientific achievement, and psychological and social knowledge to solve rehabilitation problems, and be responsible for carrying out the activities described in section 202 (b) (2). For more information on the ADA Amendments Act definition of "disability," see the Fact Sheet on the EEOC's Final Regulations Implementing the ADAAA. Title II--Research and Training Declaration of Purpose, Sec. Part D--Comprehensive Service Needs Special Study. Section 501 of the Rehabilitation Act prohibits federal executive branch agencies, including the U.S. (a) In order to secure increased flexibility to respond to the varying needs and local conditions within the state, and in order to permit more effective and interrelated planning and operation of its rehabilitation programs, the state may submit a consolidated rehabilitation plan which includes the state's plan under section 101 (a) of this act and its program for persons with developmental disabilities under the developmental disabilities services and facilities construction Amendments of 1970: provided, that the agency administering such state's program under such act concurs in the submission of such a consolidated rehabilitation plan. The final rule gathers together existing requirements from several Executive Orders as well as EEOC directives and other EEOC guidance documents, and adds new requirements that will further improve federal employment of individuals with disabilities and individuals with "targeted disabilities.". 2000e-5(e)(3)) to claims of discrimination in compensation), shall be available, with respect to any complaint under section 791 of this title, to any employee or applicant for employment aggrieved by the final disposition of such complaint, or by the failure to take final action on such complaint. Until he is so satisfied, the secretary shall make no further payments to such state under this title (or shall limit payments to projects under those parts of the state plan in which there is no such failure). the secretary may in his discretion require any such mortgagor to be regulated or restricted as to minimum charges and methods of financing, and, in addition thereto, if the mortgagor is a corporate entity, as to capital structure and rate of return. 3. 12101 et seq.] No. Since the ADA Amendments Act (ADAAA) became effective in 2009, the ADA's definition of "disability" has been very broad. (d) Firefighting, fire prevention, or emergency rescue missions. Such program shall include, but not be limited to (1) a statement of long-range rehabilitation goals for the individual and intermediate rehabilitation objectives related to the attainment of such goals, (2) a statement of the specific vocational rehabilitation services to be provided, (3) the projected date for the initiation and the anticipated duration of each such service, (4) objective criteria and an evaluation procedure and schedule for determining whether such objectives and goals are being achieved, and (5) where appropriate, a detailed explanation of the availability of a client assistance project established in such area pursuant to section 112. (c) (1) The secretary is authorized to make grants to public or nonprofit rehabilitation facilities, or to an organization or combination of such facilities, to pay the federal share of the cost of projects to analyze, improve, and increase their professional services to handicapped individuals, their management effectiveness, or any other part of their operations affecting their capacity to provide employment and services for such individuals. (3) Disseminate information relating to vocational rehabilitation services, and otherwise promote the cause of the rehabilitation of handicapped individuals and their greater utilization in gainful and suitable employment. ) or https:// means youve safely connected to the .gov website. (a) From each state's allotment under this part for any fiscal year (including any additional payment to it under Section 110 (b), the secretary shall pay to such state an amount equal to the federal share of the cost of vocational rehabilitation services under the plan for such state approved under Section 101, including expenditures for the administration of the state plan, except that the total of such payments to such state for such fiscal year may not exceed its allotment under subsection (a) (and its additional payment under subsection (b), if any) of Section 110 for such year and such payments shall not be made in an amount which would result in a violation of the provisions of the state plan required by clause (17) of Section 101 (a), and except that the amount otherwise payable to such state for such year under this section shall be reduced by the amount (if any) by which expenditures from non-federal sources during such year under this title are less than expenditures under the state plan for the fiscal year ending June 30, 1972, under the vocational rehabilitation act. (d) The secretary is authorized to make contracts or jointly financed cooperative arrangements with employers and organizations for the establishment of projects designed to prepare handicapped individuals for gainful and suitable employment in the competitive labor market under which handicapped individuals are provided training and employment in a realistic work setting and such other services (determined in accordance with regulations prescribed by the secretary) as may be necessary for such individuals to continue to engage in such employment. The standards used to determine whether Section 501 has been violated in a complaint alleging employment discrimination under this part shall be the standards applied under the ADA. In considering such proposals the secretary shall give preference to proposals which (1) give promise of maximum effectiveness in the organization and operation of such center, and (2) give promise of offering the most substantial skill, experience, and capability in providing a broad program of service, research, training, and related activities in the field of rehabilitation of deaf-blind individuals.
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