Goto Section: 1.1811 | 1.1840 | Table of Contents
FCC 1.1830
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 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.
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Goto Section: 1.1811 | 1.1840
Goto Year: 2014 |
2016
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