45 C.F.R. § 84.6

Remedial action, voluntary action, and self-evaluation

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(a) Remedial action. (1) If the Director finds that a recipient has discriminated against persons on the basis of disability in violation of section 504 or this part, the recipient shall take such remedial action as the Director deems necessary to overcome the effects of the discrimination.

(2) Where a recipient is found to have discriminated against persons on the basis of disability in violation of section 504 or this part and where another recipient exercises control over the recipient that has discriminated, the Director, where appropriate, may require either or both recipients to take remedial action.

(3) The Director may, where necessary to overcome the effects of discrimination in violation of section 504 or this part, require a recipient to take remedial action (i) with respect to persons with disabilities who are no longer participants in the recipient's program or activity but who were participants in the program or activity when such discrimination occurred or (ii) with respect to persons with disabilities who would have been participants in the program or activity had the discrimination not occurred.

(b) Voluntary action. A recipient may take steps, in addition to any action that is required by this part, to overcome the effects of conditions that resulted in limited participation in the recipient's program or activity by qualified persons with disabilities.

(i) Evaluate, with the assistance of interested persons, including persons with disabilities or organizations representing persons with disabilities, its current policies and practices and the effects thereof that do not or may not meet the requirements of this part;

(ii) Modify, after consultation with interested persons, including persons with disabilities or organizations representing persons with disabilities, any policies and practices that do not meet the requirements of this part; and

(iii) Take, after consultation with interested persons, including persons with disabilities or organizations representing persons with disabilities, appropriate remedial steps to eliminate the effects of any discrimination that resulted from adherence to these policies and practices.

(2) A recipient that employs fifteen or more persons shall, for at least three years following completion of the evaluation required under paragraph (c)(1) of this section, maintain on file, make available for public inspection, and provide to the Director upon request: (i) A list of the interested persons consulted (ii) a description of areas examined and any problems identified, and (iii) a description of any modifications made and of any remedial steps taken.

[42 FR 22677, May 4, 1977, as amended at 70 FR 24319, May 9, 2005; 89 FR 40182, May 9, 2024]

Notes of Decisions

Cited in 9 cases (1 in the last 5 years), 1977–2021 · leading case: Patton Ex Rel. Lewis v. Dumpson, 498 F. Supp. 933 (S.D.N.Y. 1980).

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Patton Ex Rel. Lewis v. Dumpson, 498 F. Supp. 933 (S.D.N.Y. 1980). · cites it 3× “19; 45 C.F.R. 84.6 (§ 504), incorporating by reference, 45 C.”

Crawford v. Univ. of North Carolina, 440 F. Supp. 1047 (M.D.N.C. 1977). · cites it 3× “Defendants contend that the regulation was not effective until a one-year evaluation period had passed, citing 45 C.F.R. § 84.6 (c). Contrary to defendants’ contention, the Magistrate fully considered this argument, but declined to rule on the contention, stating that a…”

Frances B. Davis v. Se. Cmty. Coll., 574 F.2d 1158 (4th Cir. 1978). “22676 (May 4, 1977); but see 45 C.F.R. § 84.6 (c). On remand, and since the advent of the HEW regulations, the district court might also deem it advisable to consider other legal issues which we did not reach in this opinion, namely: (1) What is the effective date concerning the…”

Whitaker v. Bd. of Higher Ed. of City of New York, 461 F. Supp. 99 (E.D.N.Y 1978). “45 C.F.R. § 84.6 . Such remedial action “includes .”

Bachman v. Am. Soc'y of Clinical Pathologists, 577 F. Supp. 1257 (D.N.J. 1983). “” 45 C.F.R. § 84.6 (b)(3). Failure to comply with this condition for receipt of federal funds constitutes a statutory violation which is not cured merely upon discontinuance of the federal assistance.”

Lloyd v. Illinois Reg'l Transp. Auth., 548 F. Supp. 575 (N.D. Ill. 1982). “” The regulations adopted by HEW under § 504, 45 C.F.R. § 84.6 , incorporated by reference the administrative procedures applicable to Title VI of the 1964 Civil Rights Act, 45 C.”

Strathie v. Dep't of Transp. of Pennsylvania, 547 F. Supp. 1367 (E.D. Pa. 1982). “The Department of Transportation, as a recipient of federal funds, was required by federal regulations, 45 C.F.R. § 84.6 (c) (1977), to conduct a self evaluation of its rules and regulations by May 1978, to determine if it was in compliance with the requirements of the…”

Pushkin v. Regents of the Univ. of Colorado, 658 F.2d 1372 (10th Cir. 1981). “45 C.F.R. § 84.6 (a)(1) and (2). Pursuant to § 84.”

D.W. v. Fresenius Med. Care North Am. (D. Or. 2021). “§ 12182 (b)(2)(A)(ii); 45 C.F.R. § 84.6 (c)(ii). After an individual requests an accommodation, the establishment must engage in “an interactive process .”

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