Rehabilitation Act of 1973

§ 794

TITLE 29—LABOR

Subsec. (b). Pub. L. 99–506, §§ 103(d)(2)(B), (C),
1001(f)(2), substituted ‘‘individual with handicaps’’ for
‘‘handicapped individual’’, ‘‘individuals with handicaps’’ for ‘‘handicapped individuals’’, and ‘‘a contract’’
for ‘‘his contract’’.
Subsec. (c). Pub. L. 99–506, § 1001(f)(3), substituted
‘‘The President’’ for ‘‘he’’ in two places and substituted
‘‘the reasons’’ for ‘‘his reasons’’.
1978—Subsec. (a). Pub. L. 95–602 substituted ‘‘section
706(7) of this title’’ for ‘‘section 706(6) of this title’’.

§ 794. Nondiscrimination under Federal grants
and programs
(a) Promulgation of rules and regulations
No otherwise qualified individual with a disability in the United States, as defined in section 705(20) of this title, shall, solely by reason
of her or his disability, be excluded from the
participation in, be denied the benefits of, or be
subjected to discrimination under any program
or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency or by the
United States Postal Service. The head of each
such agency shall promulgate such regulations
as may be necessary to carry out the amendments to this section made by the Rehabilitation, Comprehensive Services, and Developmental Disabilities Act of 1978. Copies of any
proposed regulation shall be submitted to appropriate authorizing committees of the Congress,
and such regulation may take effect no earlier
than the thirtieth day after the date on which
such regulation is so submitted to such committees.
(b) ‘‘Program or activity’’ defined
For the purposes of this section, the term
‘‘program or activity’’ means all of the operations of—
(1)(A) a department, agency, special purpose
district, or other instrumentality of a State or
of a local government; or
(B) the entity of such State or local government that distributes such assistance and each
such department or agency (and each other
State or local government entity) to which
the assistance is extended, in the case of assistance to a State or local government;
(2)(A) a college, university, or other postsecondary institution, or a public system of
higher education; or
(B) a local educational agency (as defined in
section 7801 of title 20), system of vocational
education, or other school system;
(3)(A) an entire corporation, partnership, or
other private organization, or an entire sole
proprietorship—
(i) if assistance is extended to such corporation, partnership, private organization,
or sole proprietorship as a whole; or
(ii) which is principally engaged in the
business of providing education, health care,
housing, social services, or parks and recreation; or
(B) the entire plant or other comparable,
geographically separate facility to which Federal financial assistance is extended, in the
case of any other corporation, partnership,
private organization, or sole proprietorship; or
(4) any other entity which is established by
two or more of the entities described in paragraph (1), (2), or (3);

Page 264

any part of which is extended Federal financial
assistance.
(c) Significant structural alterations by small
providers
Small providers are not required by subsection
(a) of this section to make significant structural
alterations to their existing facilities for the
purpose of assuring program accessibility, if alternative means of providing the services are
available. The terms used in this subsection
shall be construed with reference to the regulations existing on March 22, 1988.
(d) Standards used in determining violation of
section
The standards used to determine whether this
section has been violated in a complaint alleging 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. 12111 et seq.) and the provisions of sections 501 through 504, and 510,1 of the Americans
with Disabilities Act of 1990 (42 U.S.C.
12201–12204 and 12210), as such sections relate to
employment.
(Pub. L. 93–112, title V, § 504, Sept. 26, 1973, 87
Stat. 394; Pub. L. 95–602, title I, §§ 119, 122(d)(2),
Nov. 6, 1978, 92 Stat. 2982, 2987; Pub. L. 99–506,
title I, § 103(d)(2)(B), title X, § 1002(e)(4), Oct. 21,
1986, 100 Stat. 1810, 1844; Pub. L. 100–259, § 4, Mar.
22, 1988, 102 Stat. 29; Pub. L. 100–630, title II,
§ 206(d), Nov. 7, 1988, 102 Stat. 3312; Pub. L.
102–569, title I, § 102(p)(32), title V, § 506, Oct. 29,
1992, 106 Stat. 4360, 4428; Pub. L. 103–382, title III,
§ 394(i)(2), Oct. 20, 1994, 108 Stat. 4029; Pub. L.
105–220, title IV, § 408(a)(3), Aug. 7, 1998, 112 Stat.
1203; Pub. L. 107–110, title X, § 1076(u)(2), Jan. 8,
2002, 115 Stat. 2093.)
REFERENCES IN TEXT
The amendments to this section made by the Rehabilitation, Comprehensive Services, and Developmental
Disabilities Act of 1978, referred to in subsec. (a), mean
the amendments made by Pub. L. 95–602. See 1978
Amendments note below.
The Americans with Disabilities Act of 1990, referred
to in subsec. (d), is Pub. L. 101–336, July 26, 1990, 104
Stat. 327. Title I of the Act is classified generally to
subchapter I (§ 12111 et seq.) of chapter 126 of Title 42,
The Public Health and Welfare. Section 510 of the Act
was renumbered section 511 by Pub. L. 110–325, § 6(a)(2),
Sept. 25, 2008, 122 Stat. 3558. For complete classification
of this Act to the Code, see Short Title note set out
under section 12101 of Title 42 and Tables.
AMENDMENTS
2002—Subsec. (b)(2)(B). Pub. L. 107–110 substituted
‘‘section 7801 of title 20’’ for ‘‘section 8801 of title 20’’.
1998—Subsec. (a). Pub. L. 105–220 substituted ‘‘section
705(20)’’ for ‘‘section 706(8)’’.
1994—Subsec. (b)(2)(B). Pub. L. 103–382 substituted
‘‘section 8801 of title 20’’ for ‘‘section 2891(12) of title
20’’.
1992—Subsec. (a). Pub. L. 102–569, § 102(p)(32), substituted ‘‘a disability’’ for ‘‘handicaps’’ and ‘‘disability’’ for ‘‘handicap’’ in first sentence.
Subsec. (d). Pub. L. 102–569, § 506, added subsec. (d).
1988—Subsec. (a). Pub. L. 100–630, § 206(d)(1), substituted ‘‘her or his handicap’’ for ‘‘his handicap’’.
Pub. L. 100–259, § 4(1), designated existing provisions
as subsec. (a).
1 See

References in Text note below.

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§ 794b

TITLE 29—LABOR

Subsec. (b). Pub. L. 100–259, § 4(2), added subsec. (b).
Subsec. (b)(2)(B). Pub. L. 100–630, § 206(d)(2), substituted ‘‘section 2891(12) of title 20’’ for ‘‘section
2854(a)(10) of title 20’’.
Subsec. (c). Pub. L. 100–259, § 4(2), added subsec. (c).
1986—Pub. L. 99–506 substituted ‘‘individual with
handicaps’’ for ‘‘handicapped individual’’ and ‘‘section
706(8) of this title’’ for ‘‘section 706(7) of this title’’.
1978—Pub. L. 95–602 substituted ‘‘section 706(7) of this
title’’ for ‘‘section 706(6) of this title’’ and inserted provision prohibiting discrimination under any program or
activity conducted by any Executive agency or by the
United States Postal Service and requiring the heads of
these agencies to promulgate regulations prohibiting
discrimination.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–110 effective Jan. 8, 2002,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 107–110, set out as an Effective Date note under section 6301 of Title 20, Education.
EXCLUSION FROM COVERAGE

edy under such section, a court may take into
account the reasonableness of the cost of any
necessary work place accommodation, and the
availability of alternatives therefor or other appropriate relief in order to achieve an equitable
and appropriate remedy.
(2) The remedies, procedures, and rights set
forth in title VI of the Civil Rights Act of 1964
(42 U.S.C. 2000d et seq.) (and in subsection (e)(3)
of section 706 of such Act (42 U.S.C. 2000e–5), applied to claims of discrimination in compensation) shall be available to any person aggrieved
by any act or failure to act by any recipient of
Federal assistance or Federal provider of such
assistance under section 794 of this title.
(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.

Amendment by Pub. L. 100–259 not to be construed to
extend application of this chapter to ultimate beneficiaries of Federal financial assistance excluded from
coverage before Mar. 22, 1988, see section 7 of Pub. L.
100–259, set out as a Construction note under section
1687 of Title 20, Education.

(Pub. L. 93–112, title V, § 505, as added Pub. L.
95–602, title I, § 120(a), Nov. 6, 1978, 92 Stat. 2982;
amended Pub. L. 111–2, § 5(c)(1), Jan. 29, 2009, 123
Stat. 6.)

ABORTION NEUTRALITY

The Civil Rights Act of 1964, referred to in subsec.
(a)(2), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title
VI of the Civil Rights Act of 1964 is classified generally
to subchapter V (§ 2000d et seq.) of chapter 21 of Title 42,
The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note
set out under section 2000a of Title 42 and Tables.

Amendment by Pub. L. 100–259 not to be construed to
force or require any individual or hospital or any other
institution, program, or activity receiving Federal
funds to perform or pay for an abortion, see section 8
of Pub. L. 100–259, set out as a note under section 1688
of Title 20, Education.

REFERENCES IN TEXT

AMENDMENTS
CONSTRUCTION OF PROHIBITION AGAINST DISCRIMINATION
UNDER FEDERAL GRANTS
Rights or protections of this section not affected by
any provision of Pub. L. 98–457, see section 127 of Pub.
L. 98–457, set out as a note under section 5101 of Title
42, The Public Health and Welfare.
COORDINATION OF IMPLEMENTATION AND ENFORCEMENT
OF PROVISIONS
For provisions relating to the coordination of implementation and enforcement of the provisions of this
section by the Attorney General, see section 1–201 of
Ex. Ord. No. 12250, Nov. 2, 1980, 45 F.R. 72995, set out as
a note under section 2000d–1 of Title 42, The Public
Health and Welfare.
EXECUTIVE ORDER NO. 11914

2009—Subsec. (a)(1). Pub. L. 111–2, § 5(c)(1)(A), inserted
‘‘(and the application of section 706(e)(3) (42 U.S.C.
2000e–5(e)(3)) to claims of discrimination in compensation)’’ after ‘‘(42 U.S.C. 2000e–5(f) through (k))’’.
Subsec. (a)(2). Pub. L. 111–2, § 5(c)(1)(B), inserted ‘‘(42
U.S.C. 2000d et seq.) (and in subsection (e)(3) of section
706 of such Act (42 U.S.C. 2000e–5), applied to claims of
discrimination in compensation)’’ after ‘‘1964’’.
EFFECTIVE DATE OF 2009 AMENDMENT
Amendment by Pub. L. 111–2 effective as if enacted
May 28, 2007, and applicable to certain claims of discrimination in compensation pending on or after that
date, see section 6 of Pub. L. 111–2, set out as a note
under section 2000e–5 of Title 42, The Public Health and
Welfare.

Ex. Ord. No. 11914, Apr. 28, 1976, 41 F.R. 17871, which
related to nondiscrimination in federally assisted programs, was revoked by Ex. Ord. No. 12250, Nov. 2, 1980,
45 F.R. 72995, set out as a note under section 2000d–1 of
Title 42, The Public Health and Welfare.

§ 794b. Removal of architectural, transportation,
or communication barriers; technical and financial assistance; compensation of experts
or consultants; authorization of appropriations

§ 794a. Remedies and attorney fees

(a) The Secretary may provide directly or by
contract with State vocational rehabilitation
agencies or experts or consultants or groups
thereof, technical assistance—
(1) to persons operating community rehabilitation programs; and
(2) with the concurrence of the Access Board
established by section 792 of this title, to any
public or nonprofit agency, institution, or organization;

(a)(1) The remedies, procedures, and rights set
forth in section 717 of the Civil Rights Act of
1964 (42 U.S.C. 2000e–16), including the application of sections 706(f) through 706(k) (42 U.S.C.
2000e–5(f) through (k)) (and the application of
section 706(e)(3) (42 U.S.C. 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. In fashioning an equitable or affirmative action rem-

for the purpose of assisting such persons or entities in removing architectural, transportation,
or communication barriers. Any concurrence of
the Access Board under paragraph (2) shall re-