§ 2416.130 General prohibitions against discrimination. ( a ) No qualified individual with disabilities 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 agency.
( b ) ( 1 ) The agency, 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 disabilities the opportunity to participate in or benefit from the aid, benefit, or service;
( ii ) Afford a qualified individual with disabilities 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 disabilities 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 disabilities the opportunity to participate as a member of planning or advisory boards;
( vi ) Otherwise limit a qualified individual with disabilities in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others receiving the aid, benefit, or service.
( 2 ) The agency may not deny a qualified individual with disabilities the opportunity to participate in programs or activities that are not separate or different, despite the existence of permissibly separate or different programs or activities.
( 3 ) The agency may not, directly or through contractual or other arrangements, utilize criteria or methods of administration the purpose or effect of which would— ( i ) Subject qualified individuals with disabilities to discrimination on the basis of disability; or
( ii ) Defeat or substantially impair accomplishment of the objectives of a program or activity with respect to individuals with disabilities.
( 4 ) The agency may not, in determining the site or location of a facility, make selections the purpose or effect of which would— ( i ) Exclude individuals with disabilities from, deny them the benefits of, or otherwise subject them to discrimination under any program or activity conducted by the agency; or
( ii ) Defeat or substantially impair the accomplishment of the objectives of a program or activity with respect to individuals with disabilities.
( 5 ) The agency, 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 agency 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 agency 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 agency are not, themselves, covered by this regulation.
( c ) The exclusion of individuals without a disability 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 is not prohibited by this regulation.
( d ) The agency shall administer programs and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities.
[74 FR 51743, Oct. 8, 2009]