Goto Section: 1.1811 | 1.1840 | Table of Contents
FCC 1.1830
Revised as of October 1, 2010
Goto Year:2009 |
2011
§ 1.1830 General prohibitions against discrimination.
(a) No qualified individual with a disability shall, on the basis of
disability, be excluded from participation in, be denied the benefits
of, or otherwise be subjected to discrimination under any program or
activity conducted by the Commission.
(b) Discriminatory actions prohibited.
(1) The Commission, 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 individual with a disability the opportunity to
participate in or benefit from the aid, benefit, or service;
(ii) Afford a qualified individual with a disability 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 individual with a disability 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
individuals with disabilities or to any class of individuals with
disabilities than is provided to others unless such action is necessary
to provide qualified individuals with disabilities with aid, benefits,
or services that are as effective as those provided to others;
(v) Deny a qualified individual with a disability the opportunity to
participate as a member of planning or advisory boards; or
(vi) Otherwise limit a qualified individual with a disability in the
enjoyment of any right, privilege, advantage, or opportunity enjoyed by
others receiving the aid, benefit, or service.
(2) The Commission may not deny a qualified individual with a
disability the opportunity to participate in any program or activity
even where the Commission is also providing equivalent permissibly
separate or different programs or activities for persons with
disabilities.
(3) The Commission may not, directly or through contractual or other
arrangements, utilize criteria or methods of administration--
(i) That have the purpose or effect of subjecting qualified individuals
with disabilities to discrimination on the basis of disability; or
(ii) That have the purpose or effect of defeating or substantially
impairing accomplishment of the objectives of a program or activity
with respect to individuals with disabilities.
(4) The Commission may not, in determining the site or location of a
facility, make selections--
(i) That have the purpose or effect of excluding individuals with
disabilities from, denying them the benefits of, or otherwise
subjecting them to discrimination under any program or activity
conducted by the Commission; or
(ii) That have the purpose or effect of defeating or substantially
impairing the accomplishment of the objectives of a program or activity
with respect to individuals with disabilities.
(5) The Commission, in the selection of procurement contractors, may
not use criteria that subject qualified individuals with disabilities
to discrimination on the basis of disability.
(6) The Commission may not administer a licensing or certification
program in a manner that subjects qualified individuals with
disabilities to discrimination on the basis of disability, nor may the
Commission establish requirements for the programs or activities of
licensees or certified entities that subject qualified individuals with
disabilities to discrimination on the basis of disability. However, the
programs or activities of entities that are licensed or certified by
the Commission are not, themselves, covered by this part.
(7) The Commission shall make reasonable modifications in policies,
practices, or procedures when the modifications are necessary to avoid
discrimination on the basis of disability, unless the Commission can
demonstrate that making the modifications would fundamentally alter the
nature of the program, service, or activity.
(c) This part does not prohibit the exclusion of persons without
disabilities from the benefits of a program limited by Federal statute
or Executive order to individuals with disabilities, or the exclusion
of a specific class of individuals with disabilities from a program
limited by Federal statute or Executive order to a different class of
individuals with disabilities.
(d) The Commission shall administer programs and activities in the most
integrated setting appropriate to the needs of qualified individuals
with disabilities.
Goto Section: 1.1811 | 1.1840
Goto Year: 2009 |
2011
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