28 C.F.R. § 41.52

General prohibitions against employment discrimination

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(a) No qualified handicapped person shall, on the basis of handicap, be subjected to discrimination in employment under any program or activity that receives or benefits from federal financial assistance.

(b) A recipient shall make all decisions concerning employment under any program or activity to which this part applies in a manner which ensures that discrimination on the basis of handicap does not occur and may not limit, segregate, or classify applicants or employees in any way that adversely affects their opportunities or status because of handicap.

(1) Recruitment, advertising, and the processing of applications for employment;

(2) Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff, and rehiring;

(3) Rates of pay or any other form of compensation and changes in compensation;

(4) Job assignments, job classifications, organizational structures, position descriptions, lines of progression, and seniority lists;

(5) Leaves of absence, sick leave, or any other leave;

(6) Fringe benefits available by virtue of employment, whether or not administered by the recipient;

(7) Selection and financial support for training, including apprenticeship, professional meetings, conferences, and other related activities, and selection for leaves of absence to pursue training;

(8) Employer sponsored activities, including social or recreational programs; and

(9) Any other term, condition, or privilege of employment.

(d) A recipient may not participate in a contractual or other relationship that has the effect of subjecting qualified handicapped applicants or employees to discrimination prohibited by this subpart. The relationships referred to in this paragraph include relationships with employment and referral agencies, with labor unions, with organizations providing or administering fringe benefits to employees of the recipient, and with organizations providing training and apprenticeship programs.

Notes of Decisions

Cited in 3 cases, 1993–2012 · leading case: Elwell v. Oklahoma, Ex Rel. Bd. of Regents, 693 F.3d 1303 (10th Cir. 2012).

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Elwell v. Oklahoma, Ex Rel. Bd. of Regents, 693 F.3d 1303 (10th Cir. 2012). “See 28 C.F.R. § 41.52 -.55 (1989). From this, she again asks us to infer that Title II must include an employment discrimination claim.”

Ethridge v. State of Ala., 847 F. Supp. 903 (M.D. Ala. 1993). · cites it 2× “6 The House Report’s discussion of § 12132 further clarifies that Title II incorporates employment discrimination as proscribed in Title I and the Rehabilitation Act: “The Committee has chosen not to list all the types of actions that are included within the term…”

Eisfelder v. Michigan Dep't of Nat. Resources, 847 F. Supp. 78 (W.D. Mich. 1993). “Sée 28 C.F.R. § 41.52 (d); 29 C.F.R. § 1630.6 .”

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