§ 900.704 Discrimination prohibited

5 CFR 900.704(a)(a) No qualified handicapped person 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 which receives or benefits from Federal financial assistance from the Office of Personnel Management.

5 CFR 900.704(b)(1)(b) (1) A recipient, in providing any aid, benefit, or service, may not, directly or through contractual, licensing, or other arrangements, on the basis of handicap:

5 CFR 900.704(b)(1)(i)(i) Deny a qualified handicapped person the opportunity to participate in or benefit from the aid, benefit, or service;

5 CFR 900.704(b)(1)(ii)(ii) Afford a qualified handicapped person an opportunity to participate in or benefit from the aid, benefit, or service that is not equal to that afforded others;

5 CFR 900.704(b)(1)(iii)(iii) Provide a qualified handicapped person 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;

5 CFR 900.704(b)(1)(iv)(iv) Provide different or separate aid, benefits, or services to handicapped persons or to any class of handicapped persons than is provided to others unless such action is necessary to provide qualified handicapped persons with aid, benefits, or services that are as effective as those provided to others;

5 CFR 900.704(b)(1)(v)(v) Aid or perpetuate discrimination against a qualified handicapped person by providing significant assistance to an agency, organization or person that discriminates on the basis of handicap in providing any aid, benefit, or service to beneficiaries of the recipient's program;

5 CFR 900.704(b)(1)(vi)(vi) Deny a qualified person the opportunity to participate as a member of planning or advisory boards; or

5 CFR 900.704(b)(1)(vii)(vii) Otherwise limit a qualified handicapped person in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others receiving aid, benefit, or service.

5 CFR 900.704(b)(2)(2) A recipient may not deny a qualified handicapped person 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.

5 CFR 900.704(b)(3)(3) A recipient may not, directly or through contractual or other arrangements, utilize criteria or methods of administration:

5 CFR 900.704(b)(3)(i)(i) That have the effect of subjecting qualified handicapped persons to discrimination on the basis of handicap,

5 CFR 900.704(b)(3)(ii)(ii) That have the purpose or effect of defeating or substantially impairing accomplishment of the objectives of the recipient's program with respect to handicapped persons, or

5 CFR 900.704(b)(3)(iii)(iii) That perpetuate the discrimination of another recipient if both recipients are subject to common administrative control or are agencies of the same State.

5 CFR 900.704(b)(4)(4) A recipient may not, in determining the site or location of a facility, make selections:

5 CFR 900.704(b)(4)(i)(i) That have the effect of excluding handicapped persons from, denying them the benefits of, or otherwise subjecting them to discrimination under any program or activity that receives or benefits from Federal financial assistance, or

5 CFR 900.704(b)(4)(ii)(ii) That have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the program or activity with respect to handicapped persons.

5 CFR 900.704(c)(c) The exclusion of nonhandicapped persons from the benefits of a program limited by Federal statute or Executive order to handicapped persons or the exclusion of a specific class of handicapped persons from a program limited by Federal statute or Executive order to a different class of handicapped persons is not prohibited by this part.

5 CFR 900.704(d)(d) Recipients shall administer programs and activities in the most integrated setting appropriate to the needs of qualified handicapped persons.

5 CFR 900.704(e)(e) Recipients shall take appropriate steps to ensure that communications with their applicants, employees and beneficiaries are available to persons with impaired vision and hearing.