Page 289 TITLE 29—LABOR § 794a

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);

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, 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.)

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, as amended. 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. For complete classification of this Act to the Code, see Short

Title note set out under section 12101 of Title 42 and

Tables.

AMENDMENTS

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).

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.

EXCLUSION FROM COVERAGE

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.

ABORTION NEUTRALITY

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.

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

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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 706, 721, 771a,

775, 794a, 1577, 2211, 2618 of this title; title 5 section 3102;

title 12 section 1715z–1a; title 16 sections 410aaa–41,

410aaa–52; title 20 sections 1231e, 1232e, 2321, 2328, 2468e,

8066, 8507; title 25 section 2005; title 42 sections 290cc–33,

300w–7, 300x–57, 708, 1437l, 1437v, 1437w, 1437aaa–1,

1437aaa–2, 1760, 1769h, 2000d–7, 3608, 5057, 5309, 6727, 8625,

9849, 9906, 10406, 11386, 11394, 12134, 12142, 12143, 12144,

12146, 12147, 12148, 12162, 12635, 12832, 12872, 12873, 12892,

12893, 12899b, 12899c, 13603; title 49 section 5310.

§ 794a. Remedies and attorney fees

(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)), 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
§ 794b TITLE 29—LABOR Page 290

action on such complaint. In fashioning an equitable or affirmative action remedy 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.] 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.

(Pub. L. 93–112, title V, §505, as added Pub. L.

95–602, title I, §120(a), Nov. 6, 1978, 92 Stat. 2982.)

REFERENCES IN TEXT

The Civil Rights Act of 1964, referred to in subsec.

(a)(2), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241, as

amended. 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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 2 section 1311; title

3 section 411; title 22 section 3905; title 42 sections 1981a,

10406, 12133.

§ 794b. Removal of architectural, transportation,

or communication barriers; technical and financial assistance; compensation of experts

or consultants; authorization of appropriations

(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;

for the purpose of assisting such persons or entities in removing architectural, transportation,

or communication barriers. Any concurrence of

the Access Board under this paragraph shall reflect its consideration of the cost studies carried

out by States under section 792(c)(1) of this title.

(b) Any such experts or consultants, while

serving pursuant to such contracts, shall be entitled to receive compensation at rates fixed by

the Secretary, but not exceeding the daily

equivalent of the rate of pay for level 4 of the

Senior Executive Service Schedule under section 5382 of title 5, including travel time, and

while so serving away from their homes or regular places of business, they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5

for persons in the Government service employed

intermittently.

(c) The Secretary, with the concurrence of the

Access Board and the President, may provide,

directly or by contract, financial assistance to

any public or nonprofit agency, institution, or

organization for the purpose of removing architectural, transportation, and communication

barriers. No assistance may be provided under

this paragraph until a study demonstrating the

need for such assistance has been conducted and

submitted under section 792(h)(1) of this title.

(d) In order to carry out this section, there are

authorized to be appropriated such sums as may

be necessary.

(Pub. L. 93–112, title V, §506, as added Pub. L.

95–602, title I, §120(a), Nov. 6, 1978, 92 Stat. 2983;

amended Pub. L. 100–630, title II, §206(e), Nov. 7,

1988, 102 Stat. 3312; Pub. L. 102–569, title V, §507,

Oct. 29, 1992, 106 Stat. 4428.)

AMENDMENTS

1992—Subsec. (a). Pub. L. 102–569, §507(a), (b), substituted ‘‘community rehabilitation programs’’ for ‘‘rehabilitation facilities’’ in par. (1) and inserted ‘‘Access’’

before ‘‘Board’’ in par. (2) and concluding provisions.

Subsec. (b). Pub. L. 102–569, §507(c), substituted ‘‘the

rate of pay for level 4 of the Senior Executive Service

Schedule under section 5382’’ for ‘‘the rate of basic pay

payable for grade GS–18 of the General Schedule, under

section 5332’’.

Subsec. (c). Pub. L. 102–569, §507(a), (d), inserted ‘‘Access’’ before ‘‘Board’’ and substituted ‘‘792(h)(1)’’ for

‘‘792(h)(2)’’.

1988—Subsec. (a). Pub. L. 100–630, §206(e)(1), (2), redesignated former par. (1) as subsec. (a) and former subpars. (A) and (B) as pars. (1) and (2), respectively.

Subsec. (b). Pub. L. 100–630, §206(e)(1), (3), redesignated former par. (2) as subsec. (b) and substituted

‘‘travel time’’ for ‘‘traveltime’’.

Subsec. (c). Pub. L. 100–630, §206(e)(1), (4), redesignated former par. (3) as subsec. (c) and inserted a

comma after ‘‘the President’’.

Subsec. (d). Pub. L. 100–630, §206(e)(1), redesignated

former par. (4) as subsec. (d).

§ 794c. Interagency Disability Coordinating

Council

(a) Establishment

There is hereby established an Interagency

Disability Coordinating Council (hereafter in

this section referred to as the ‘‘Council’’) composed of the Secretary of Education, the Secretary of Health and Human Services, the Secretary of Labor, the Secretary of Housing and

Urban Development, the Secretary of Transportation, the Assistant Secretary of the Interior

for Indian Affairs, the Attorney General, the Director of the Office of Personnel Management,

the Chairperson of the Equal Employment Opportunity Commission, the Chairperson of the

Architectural and Transportation Barriers Compliance Board, and such other officials as may

be designated by the President.

(b) Duties

The Council shall—

(1) have the responsibility for developing and

implementing agreements, policies, and practices designed to maximize effort, promote efficiency, and eliminate conflict, competition,

duplication, and inconsistencies among the operations, functions, and jurisdictions of the