10 CFR 4.121, General Prohibitions Against Discrimination

Discriminatory Practices General prohibitions against discrimination

a

(a) No qualified disabled person, shall, on the basis of disability, be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination under any program or activity that receives Federal financial assistance.

b

(b)(1) A recipient, in providing any aid, benefit, or service, may not, directly or through contractual, licensing, or other arrangements, on the basis of disability:

(i) Deny a qualified disabled person the opportunity to participate in or benefit from the aid, benefit, or service;

(ii) Afford a qualified disabled person an opportunity to participate in or benefit from the aid, benefit, or service that is not equal to that afforded others;

(iii) Provide a qualified disabled person with an aid, benefit, or service that is not as effective in affording equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement as that provided to others;

(iv) Provide different or separate aid, benefits, or services to disabled persons or to any class of disabled persons than is provided to others unless such action is necessary to provide qualified disabled persons with aid, benefits, or services that are as effective as those provided to others;

(v) Aid or perpetuate discrimination against a qualified disabled person by providing significant assistance to any agency, organization, or person that discriminates on the basis of disability in providing any aid, benefit, or service to beneficiaries of the recipient's program or activity;

(vi) Deny a qualified disabled person the opportunity to participate as a member of planning or advisory boards; or

(vii) Otherwise limit a qualified disabled person in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others receiving the aid, benefit, or service.

(2) A recipient may not deny a qualified disabled person the opportunity to participate in aid, benefits, or services that are not separate or different, despite the existence of permissibly separate or different aid, benefits, or services.

(3) A recipient may not directly or through contractual or other arrangements, utilize criteria or methods of administration: (i) That have the effect of subjecting qualified disabled persons to discrimination on the basis of disability, (ii) that have the purpose or effect of defeating or substantially impairing accomplishment of the objectives of the recipient's program or activity with respect to disabled persons, or (iii) that perpetuate the discrimination of another recipient if both recipients are subject to common administrative control or are agencies of the same State.

(4) A recipient may not, in determining the site or location of a facility, make selections: (i) That have the effect of excluding disabled persons from, denying them the benefits of, or otherwise subjecting them to discrimination under any program or activity that receives Federal financial assistance or (ii) that have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the program or activity with respect to disabled persons.

c

(c) The exclusion of nondisabled persons from aid, benefits, or services limited by Federal statute or Executive Order to disabled persons or the exclusion of a specific class of disabled persons from aid, benefits, or services limited by Federal statute or Executive Order to a different class of disabled persons is not prohibited by this subpart.

d

(d) Recipients shall administer programs or activities in the most integrated setting appropriate to the needs of qualified disabled persons.

e

(e) Recipients shall take appropriate steps to ensure that communications with their applicants, employees, and beneficiaries are available to persons with impaired vision and hearing.

Federal Register

[[[FR::http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbname=2003_register&page=51345&position=1%7C 68 FR 51345, Aug. 26, 2003]]; [[FR::http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbname=2012_register&page=39904&position=1%7C 77 FR 39904, Jul. 6, 2012]]]

External Links

[[URL::http://www.nrc.gov/reading-rm/doc-collections/cfr/part004/part004-0121.html%7CNRC website 10 CFR 4.121]]

v t e Code of Federal Regulations
Title 10 Part 4 - NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE FROM THE COMMISSION
10 CFR: 1 2 4 5 7 9 10 11 12 13 14 15 16 19 20 21 25 26 30 31 32 33 34 35 36 37 39 40 50 51 52 54 55 60 61 62 63 70 71 72 73 74 75 76 81 95 100 140 150 160 170 171
1, General Provisions, Purpose and scope 2, Subparts 3, Application of this part 4, Definitions 5, Communications and reports 6, Maintenance of records 8, Information collection requirements: OMB approval 11, —Regulations Implementing Title VI of the Civil Rights Act of 1964 and Title IV of the Energy Reorganization Act of 1974, General prohibition 12, Specific discriminatory actions prohibited 13, Employment practices 14, Medical emergencies 21, Assurances Required, General requirements 22, Continuing Federal financial assistance 24, Assurances from institutions 31, Compliance Information, Cooperation and assistance 32, Compliance reports 33, Access to sources of information 34, Information to beneficiaries and participants 41, Conduct of Investigations, Periodic compliance reviews 42, Complaints 43, Investigations 44, Resolution of matters 45, Intimidatory or retaliatory acts prohibited 46, Means of Effecting Compliance, Means available 47, Noncompliance with § 4.21 48, Termination of or refusal to grant or to continue Federal financial assistance 49, Other means authorized by law 51, Opportunity for Hearing, Notice of opportunity for hearing 61, Hearings and Findings, Presiding officer 62, Right to counsel 63, Procedures, evidence, and record 64, Consolidated or joint hearings 71, Decisions and Notices, Initial decision or certification 72, Exceptions and final decision 73, Rulings required 74, Content of orders 75, Post termination proceedings 81, Judicial Review, Judicial review 91, Effect on Other Regulations; Forms and Instructions, Effect on other regulations 92, Forms and instructions 93, Supervision and coordination 101, Regulations Implementing Section 504 of the Rehabilitation Act of 1973, as Amended, Definitions 121, Discriminatory Practices, General prohibitions against discrimination 122, General prohibitions against employment discrimination 123, Reasonable accommodation 124, Employment criteria 125, Preemployment inquiries 126, General requirement concerning accessibility 127, Existing facilities 128, New construction 231, Enforcement, Responsibility of applicants and recipients 232, Notice 233, Enforcement procedures 301, Regulations Implementing the Age Discrimination Act of 1975, as Amended, General, Purpose and scope 302, Application of this subpart 303, Definitions 311, Standards for Determining Age Discrimination, Rules against age discrimination 312, Definitions of "normal operation" and "statutory objective" 313, Exceptions to the rules against age discrimination. Normal operation or statutory objective of any program or activity 314, Exceptions to the rule against age discrimination. Reasonable factors other than age 315, Burden of proof 321, Duties of NRC Recipients, Assurance of compliance 322, Written notice, technical assistance, and educational materials 324, Information requirements 331, Investigation, Conciliation, and Enforcement Procedures, Compliance reviews 332, Complaints 333, Mediation 334, Investigation 335, Prohibition against intimidation or retaliation 336, Compliance procedure 337, Hearings, decisions, post-termination proceedings 338, Remedial and affirmative action by recipients 339, Alternate funds disbursal procedure 340, Exhaustion of administrative remedies 341, Reports 501, Enforcement of Nondiscrimination on the Basis of Disability in Programs or Activities Conducted by the U.S. Nuclear Regulatory Commission, Purpose 502, Application 503, Definitions 504, 4.504--4.509 Reserved 510, Self-evaluation 511, Notice 512, 4.512--4.529 Reserved 530, General prohibitions against discrimination 531, 4.531--4.539 Reserved 540, Employment 541, 4.541--4.548 Reserved 549, Program accessibility: Discrimination prohibited 550, Program accessibility: Existing facilities 551, Program accessibility: New construction and alterations 552, 4.552--4.559 Reserved 560, Communications 561, 4.561--4.569 Reserved 570, Compliance procedures Appendices: 10 CFR 4 Appendix A, Appendix a to Part 4--Federal Financial Assistance to Which This Part Applies

10 CFR 4.121, General Prohibitions Against Discrimination

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10 CFR 4.121, General Prohibitions Against Discrimination

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c

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e

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