Editorial Note on Part 85
Editorial Note: At the request of the Department of Health and Human Services, the “Section-by-Section Analysis” portion of the preamble of the document published at 53 FR 25595, July 8, 1988, as corrected at 53 FR 26559, July 13, 1988, appears at the end of part 85.

§ 85.21 General prohibitions against discrimination. ( a ) No qualified individual with handicaps shall, on the basis of handicap, 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 handicap— ( i ) Deny a qualified individual with handicaps the opportunity to participate in or benefit from the aid, benefit, or service;
( ii ) Afford a qualified individual with handicaps 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 handicaps 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 aids, benefits, or services to individuals with handicaps or to any class or individuals with handicaps than is provided to others unless such action is necessary to provide qualified individuals with handicaps with aids, benefits or services that are as effective as those provided to others;
( v ) Deny a qualified individual with handicaps the opportunity to participate as a member of a planning or advisory board; or
( vi ) Otherwise limit a qualified individual with handicaps 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 handicaps 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 handicaps to discrimination on the basis of handicap; or
( ii ) Defeat or substantially impair accomplishment of the objectives of a program or activity with respect to individuals with handicaps.
( 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 handicaps 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 handicaps.
( 5 ) The agency, in the selection of procurement contractors, may not use criteria that subject qualified individuals with handicaps to discrimination on the basis of handicap.
( 6 ) The agency may not administer a licensing or certification program in a manner that subjects qualified individuals with handicaps to discrimination on the basis of handicap, nor may the agency establish requirements for the programs or activities of licensees or certified entities that subject qualified individuals with handicaps to discrimination on the basis of handicap. However, the programs or activities of entities that are licensed or certified by the agency are not, themselves, covered by this part.
( c ) The exclusion of individuals without handicaps from the benefits of a program limited by Federal statute or Executive order to individuals with handicaps or the exclusion of a specific class of individuals with handicaps from a program limited by Federal statute or Executive order to a different class of individuals with handicaps is not prohibited by this part.
( d ) The agency shall administer programs and activities in the most integrated setting appropriate to the needs of qualified individuals with handicaps.