29 U.S.C. § 794

Nondiscrimination under Federal grants and programs

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(a) Promulgation of rules and regulations

No otherwise qualified individual with a disability in the United States, as defined in section 705(20) of this title, shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal Service. The head of each such agency shall promulgate such regulations as may be necessary to carry out the amendments to this section made by the Rehabilitation, Comprehensive Services, and Developmental Disabilities Act of 1978. Copies of any proposed regulation shall be submitted to appropriate authorizing committees of the Congress, and such regulation may take effect no earlier than the thirtieth day after the date on which such regulation is so submitted to such committees.

(b) “Program or activity” definedFor the purposes of this section, the term “program or activity” means all of the operations of—(1)(A) a department, agency, special purpose district, or other instrumentality of a State or of a local government; or(B) the entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government;(2)(A) a college, university, or other postsecondary institution, or a public system of higher education; or(B) a local educational agency (as defined in section 7801 of title 20), system of career and technical education, or other school system;(3)(A) an entire corporation, partnership, or other private organization, or an entire sole proprietorship—(i) if assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or(ii) which is principally engaged in the business of providing education, health care, 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) 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 510,11 See References in Text note below. 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; Pub. L. 105–220, title IV, § 408(a)(3), Aug. 7, 1998, 112 Stat. 1203; Pub. L. 107–110, title X, § 1076(u)(2), Jan. 8, 2002, 115 Stat. 2093; Pub. L. 113–128, title IV, § 456(c), July 22, 2014, 128 Stat. 1675; Pub. L. 114–95, title IX, § 9215(mmm)(3), Dec. 10, 2015, 129 Stat. 2188.)Editorial NotesReferences 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. 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. Section 510 of the Act was renumbered section 511 by Pub. L. 110–325, § 6(a)(2), Sept. 25, 2008, 122 Stat. 3558. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables.

Amendments

2015—Subsec. (b)(2)(B). Pub. L. 114–95 made technical amendment to reference in original act which appears in text as reference to section 7801 of title 20.

2014—Subsec. (b)(2)(B). Pub. L. 113–128 substituted “career and technical education” for “vocational education”.

2002—Subsec. (b)(2)(B). Pub. L. 107–110 substituted “section 7801 of title 20” for “section 8801 of title 20”.

1998—Subsec. (a). Pub. L. 105–220 substituted “section 705(20)” for “section 706(8)”.

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.

Statutory Notes and Related SubsidiariesEffective Date of 2015 Amendment

Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education.

Effective Date of 2002 Amendment

Amendment by Pub. L. 107–110 effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 107–110, set out as an Effective Date note under section 6301 of Title 20, Education.

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.

Executive DocumentsCoordination 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.

Notes of Decisions

Cited in 8,513 cases (2,613 in the last 5 years), 1975–2026 · leading case: Loeffler v. Staten Island University Hospital

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Loeffler v. Staten Island University Hospital (2009) ca2 · cites it 16× “355, codified in relevant part at 29 U.S.C. §§ 794 -794a; the New York State Human Rights Law ("State HRL"), N.”

Runnion Ex Rel. Rsunnion v. Girl Scouts of Greater Chicago (2015) ca7 · cites it 10× “” 29 U.S.C. § 794 (a). A person who has been excluded, denied, or discriminated against may sue the recipient of federal fimds to enforce her rights.”

Lane v. Pena (1996) scotus · cites it 12× “After unsuccessfully challenging his separation before the Maritime Administrator, Lane brought *190 suit in Federal District Court against the Secretary of the Department of Transportation and other defendants, alleging that his separation from the Academy violated § 504(a) of…”

Fowler v. UPMC SHADYSIDE (2009) ca3 · cites it 5× “Fowler alleges violations of the Rehabilitation Act, 29 U.S.C. § 794 et seq. 2 Congress passed the Rehabilitation Act in 1973 to make certain that no individual with a disability would “be subjected to discrimination under any program or activity receiving Federal financial…”

Harris v. Mills (2009) ca2 · cites it 4× “, the Rehabilitation Act of 1973, 29 U.S.C. § 794 et seq., and 42 U.S.C. § 1983 .”

T.W. v. Board of Law Examiners (2021) ca2 · cites it 10× “” 29 U.S.C. § 794 (a). 1 Judge Katherine Polk Failla, of the United States District Court for the Southern District of New York, sitting by designation.”

Traynor v. Turnage (1988) scotus · cites it 12× “394 , 29 U. S. C. § 794 , which requires that federal programs not discriminate against handicapped individuals solely because of their handicap.”

M.R. v. Dreyfus (2011) ca9 · cites it 8× “§ 12132 , and the Rehabilitation Act, 29 U.S.C. § 794 (a), because the reduction in hours will substan- tially increase the risk that they will be institutionalized in order to receive care adequate to maintain their mental and physical health.”

Sheely v. MRI Radiology Network, P.A. (2007) ca11 · cites it 8× “§§ 12181-12189 , and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 , became moot after the defendant voluntarily ceased the alleged misconduct, and whether non-economic compensatory damages are available under the Rehabilitation Act.”

Gohl Ex Rel. J.G. v. Livonia Public Schools School District (2016) ca6 · cites it 5× “Section 504 of the Rehabilitation Act provides that a qualified individual with a disability shall not, “solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity…”

Pennhurst State School and Hospital v. Halderman (1984) scotus · cites it 4× “394 , 29 U. S. C. § 794 ; the Developmentally Disabled Assistance and Bill of Rights Act, 89 Stat.”

David W. Ellis, Jr. v. Gordon R. England (2005) ca11 · cites it 5× “appeals the district court’s decision granting summary judgment to the Secretary of the Navy (“Navy”), his employer, whom he alleged discriminated against him on the basis of his physical disability, paralysis in one leg, in violation of the Rehabilitation Act of 1973, as…”

Show all 8,513 citing cases →

— 29 U.S.C. § 794(1) — 1 case

Mendez v. West (2001) prd

— 29 U.S.C. § 794(a) — 34 cases

Lane v. Pena (1996) scotus “After unsuccessfully challenging his separation before the Maritime Administrator, Lane brought *190 suit in Federal District Court against the Secretary of the Department of Transportation and other defendants, alleging that his separation from the Academy violated § 504(a) of…”

Kenneth and Karen Rothschild v. Charles Grottenthaler, Superintendent of the Ramapo Central School District, and Ramapo (1990) ca2

C. G. Ex Rel. Keith v. Waller Independent School District (2017) ca5

Prakel v. Indiana (2015) insd

Shurb v. University of Texas Health Science Center at Houston-School of Medicine (2014) txsd

— 29 U.S.C. § 794(a)(2) — 1 case

Pappas v. Metropolitan Police Department of the District of Columbia (2021) dcd

— 29 U.S.C. § 794(b) — 1 case

Melba Hudson v. American Airlines, Inc. (2025) ilnd

— 29 U.S.C. § 794(b)(2)(B) — 1 case

Ashley G. v. Copperas Cove Independent School District (2021) txwd

— 29 U.S.C. § 794(b)(3) — 1 case

Matthew E. Cotner v. Commissioner J. Hamm, et al. (2026) alsd

— 29 U.S.C. § 794(d) — 2 cases

Saunders v. Galliher and Huguely (2010) dcd

Bercovitch v. Baldwin School (1998) ca1

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.