C.F.R. » Title 28 » CHAPTER I—DEPARTMENT OF JUSTICE › PART 42—NONDISCRIMINATION; EQUAL EMPLOYMENT OPPORTUNITY; POLICIES AND PROCEDURES › Subpart G—Nondiscrimination Based on Handicap in Federally Assisted Programs or Activities—Implementation of Section 504 of the Rehabilitation Act of 1973

28 C.F.R. § 42.503

Discrimination prohibited

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(a) General. No qualified handicapped person shall, solely 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 receiving Federal financial assistance.

(b) Discriminatory actions prohibited. (1) A recipient may not discriminate on the basis of handicap in the following ways directly or through contractual, licensing, or other arrangements under any program or activity receiving Federal financial assistance:

(i) Deny a qualified handicapped person the opportunity accorded others to participate in the program or activity receiving Federal financial assistance;

(ii) Deny a qualified handicapped person an equal opportunity to achieve the same benefits that others achieve in the program or activity receiving Federal financial assistance;

(iii) Provide different or separate assistance to handicapped persons or classes of handicapped persons than is provided to others unless such action is necessary to provide qualified handicapped persons or classes of handicapped persons with assistance as effective as that provided to others;

(iv) Deny a qualified handicapped person an equal opportunity to participate in the program or activity by providing services to the program;

(v) Deny a qualified handicapped person an opportunity to participate as a member of a planning or advisory body;

(vi) Permit the participation in the program or activity of agencies, organizations or persons which discriminate against the handicapped beneficiaries in the recipient's program;

(vii) Intimidate or retaliate against any individual, whether handicapped or not, for the purpose of interfering with any right secured by section 504 or this subpart.

(2) A recipient may not deny a qualified handicapped person the opportunity to participate in any program or activity receiving Federal financial assistance on the ground that other specialized aid, benefits, or services for handicapped persons are available.

(3) A recipient may not, directly or through contractual, licensing, or other arrangements, utilize criteria or methods of administration that either purposely or in effect discriminate on the basis of handicap, defeat or substantially impair accomplishment of the objectives of the recipient's program or activity with respect to handicapped persons, or perpetuate the discrimination of another recipient if both recipients are subject to common administrative control or are agencies of the same State.

(4) A recipient may not, in determining the location or design of a facility, make selections that either purposely or in effect discriminate on the basis of handicap or defeat or substantially impair the accomplishment of the objectives of the program or activity with respect to handicapped persons.

(5) A recipient is prohibited from discriminating on the basis of handicap in aid, benefits, or services operating without Federal financial assistance where such action would discriminate against the handicapped beneficiaries or participants in any program or activity of the recipient receiving Federal financial assistance.

(6) Any entity not otherwise receiving Federal financial assistance but using a facility provided with the aid of Federal financial assistance after the effective date of this subpart is prohibited from discriminating on the basis of handicap.

(c) The exclusion of nonhandicapped persons or specified classes of handicapped persons from aid, benefits, or services limited by Federal statute or executive order to handicapped persons or a different class of handicapped persons is not prohibited by this subpart.

(d) Recipients shall administer programs or activities in the most integrated setting appropriate to the needs of qualified handicapped persons.

(e) Recipients shall insure that communications with their applicants, employees and beneficiaries are effectively conveyed to those having impaired vision and hearing.

(f) A recipient that employs fifteen or more persons shall provide appropriate auxiliary aids to qualified handicapped persons with impaired sensory, manual, or speaking skills where a refusal to make such provision would discriminatorily impair or exclude the participation of such persons in a program or activity receiving Federal financial assistance. Such auxiliary aids may include brailled and taped material, qualified interpreters, readers, and telephonic devices. Attendants, individually prescribed devices, readers for personal use or study, or other devices or services of a personal nature are not required under this section. Departmental officials may require recipients employing fewer than fifteen persons to provide auxiliary aids when this would not significantly impair the ability of the recipient to provide its benefits or services.

(g) The enumeration of specific forms of prohibited discrimination in this subpart is not exhaustive but only illustrative.

Notes of Decisions
Cited in 39 cases (4 in the last 5 years), 1988–2023 · leading case: D.B. Ex Rel. Elizabeth B. v. Esposito
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D.B. Ex Rel. Elizabeth B. v. Esposito (2012) ca1 · cites it 4× “Both the Rehabilitation Act, through its implementing regulations, see 28 C.F.R. § 42.503 (b)(1)(vii), and the ADA, see 42 U.”
Torcasio v. Murray (1995) ca4 · cites it 5× “For example, Tor-casio observes that 28 C.F.R. § 42.503 (f), a regulation promulgated by the Department of Justice under the Rehabilitation Act, “ha[s] been found to apply to correctional facilities receiving federal financial assistance,” and he thus suggests that the…”
Nicki Arron Bonner v. Mr. Lewis, Director at Adoc Cpo Crowley Cpo Vega (1988) ca9 · cites it 2× “provide appropriate auxiliary aids to qualified handicapped persons with impaired sensory, manual, or speaking skills where refusal to make such provision would discriminatorily impair or exclude the participation of such persons .”
Nieves-Marquez v. Commonwealth of PR (2003) ca1 “Although the defendants contend that 28 C.F.R. § 42.503 (f) applies to both the ADA and the Rehabilitation Act, the regulation in fact applies only to the Rehabilitation Act.”
Clarkson v. Coughlin (1995) nysd · cites it 2× “28 C.F.R. § 42.503 (b)(1). The Second Circuit has held that in order to state a claim under Section 504, plaintiffs must establish that: (1) they are “handicapped persons” under the Act; (2) they are “otherwise qualified” to participate in the offered activity or program or to…”
Wiles v. Department of Education (2008) hid · cites it 4× “Plaintiffs’ retaliation claim was primarily based on the following allegation in the First Amended Complaint: Defendants retaliated against Ann Kim-ball Wiles and Stanley Bond in violation of Section 504 and its implementing regulations, 28 C.F.R. § 42.503 (b)(l)(vii), causing…”
Pierce v. District of Columbia (2015) dcd “150 (2014), and to satisfy Section 504, recipients of federal funding “shall provide appropriate auxiliary aids to qualified handicapped persons with impaired sensory, manual, or speaking skills where a refusal to make such provision would discriminatorily impair or exclude the…”
Armstrong v. Wilson (1996) cand · cites it 2× “In Bonner , the Ninth Circuit based its holding primarily on the plain language of the Act, which states that it “applies to ‘any program or activity receiving Federal financial assistance’ ”, and on the Justice Department’s implementing regulations which require compliance by…”
Calloway v. Boro of Glassboro Department of Police (2000) njd “More specifically, the regulations implementing Title II of the Disability Act require “public entities to] take appropriate steps to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with…”
Marks v. Colorado Dept. of Corrections (2020) ca10 “5 Similarly, the regulations accompanying the Rehabilitation Act prohibit recipients of federal funding from discriminating against the handicapped “through contractual, licensing, or other arrangements.”
Dugger v. Stephen F. Austin State University (2017) txed “28 C.F.R. § 42.503 (b)(1)(vn); see D.B. ex rel.”
Hesling v. Avon Grove School District (2006) paed “7 (e); 28 C.F.R. § 42.503 (b)(1)(vii); see also Weber, 212 F.”
Show all 39 citing cases →
— 28 C.F.R. § 42.503(b) — 1 case
Marks v. Colorado Dept. of Corrections (2020) ca10 “5 Similarly, the regulations accompanying the Rehabilitation Act prohibit recipients of federal funding from discriminating against the handicapped “through contractual, licensing, or other arrangements.”
— 28 C.F.R. § 42.503(f) — 1 case
Bonner v. Arizona Department of Corrections (1989) azd
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.