| Javits Wagner
O'Day Act COMMITTEE FOR PURCHASE FROM PEOPLE Sec. 51-10.103
Definitions. For purposes
of this part, the term--Assistant Attorney General means the Assistant
Attorney General, Civil Rights Division, United States Department of Justice. Auxiliary aids means services or devices
that enable persons with impaired sensory, manual, or speaking skills
to have an equal opportunity to participate in, and enjoy the benefits
of, programs or activities conducted by the agency. For example, auxiliary
aids useful for persons with impaired vision include readers, brailled
materials, audio recordings, telecommunications devices and other similar
services and devices. Auxiliary aids useful for persons with impaired
hearing include telephone handset amplifiers, telephones compatible with
hearing aids, telecommunication devices for deaf persons (TDD's), interpreters,
notetakers, written
materials, and other similar services and devices. Complete complaint means a written statement
that contains the complainant's name and address and describes the agency's
alleged discriminatory action in sufficient detail to inform the agency
of the nature and date of the alleged violation of section 504. It shall
be signed by the complainant or by someone authorized to do so on his
or her behalf. Complaints filed on behalf of classes or third parties
shall describe or identify (by name, if possible) the alleged victims
of discrimination. Facility means all or any portion of buildings,
structures, equipment, roads, walks, parking lots, rolling stock or other
conveyances, or other real or personal property. Handicapped person means any person who has
a physical or mental impairment that substantially limits one or more
major life activities, has a record of such an impairment, or is regarded
as having such an impairment. As used in this definition, the phrase: (1) Physical or mental impairment includes-; (i) Any physiological disorder or condition,
cosmetic disfigurement, or anatomical loss affecting one or more of the
following body systems: Neurological; musculoskeletal; special sense organs;
respiratory, including speech organs; cardiovascular; reproductive; digestive;
genitourinary; hemic and lymphatic; skin; and endocrine; or (ii) Any mental or psychological disorder,
such as mental retardation, organic brain syndrome, emotional or mental
illness, and specific learning disabilities. The term “physical or mental
impairment” includes, but is not limited to, such diseases and conditions
as orthopedic, visual, speech, and hearing impairments, cerebral palsy,
epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease,
diabetes, mental retardation, emotional illness, and drug addiction and
alocoholism. (2) Major life activities includes functions
such as caring for one's self, performing manual tasks, walking, seeing,
hearing, speaking, breathing, learning, and working. (3) Has a record of such an impairment means
has a history of, or has been misclassified as having, a mental or physical
impairment that substantially limits one or more major life activities. (4) Is regarded as having an impairment means-- (i) Has a physical or mental impairment that
does not substantially limit major life activities but is treated by the
agency as constituting such a limitation; (ii) Has a physical or mental impairment
that substantially limits major life activities only as a result of the
attitudes of others toward such impairment; or (iii) Has none of the impairments defined
in subparagraph (1) of this definition but is treated by the agency as
having such an impairment. Historic preservation programs means programs
conducted by the agency that have preservation of historic properties
as a primary purpose. Historic properties means those properties
that are listed or eligible for listing in the National Register of Historic
Places or properties designated as historic under a statute of the appropriate
State or local government body. Qualified handicapped person means-- (1) With respect to preschool, elementary,
or secondary education services provided by the agency, a handicapped
person who is a member of a class of persons otherwise entitled by statute,
regulation, or agency policy to receive education services from the agency.
(2) With respect to any other agency program
or activity under which a person is required to perform services or to
achieve a level of accomplishment, a handicapped person who meets the
essential eligibility requirements and who can acheive the purpose of
the program or activity without modifications in the program or activity
that the agency can demonstrate would result in a fundamental alteration
in its nature; (3) With respect to any other program or
activity, a handicapped person who meets the essential eligibility requirements
for participation in, or receipt of benefits from, that program or activity;
and (4) Qualified handicapped person is defined
for purposes of employment in 29 CFR 1613.702(f), which is made applicable
to this part by Sec. 51-10.140. Section 504 means section 504 of the Rehabilitation
Act of 1973 (Pub. L. 93-112, 87 Stat. 394 (29 U.S.C. 794)), as amended
by the Rehabilitation Act Amendments of 1974 (Pub. L. 93-516, 88 Stat.
1617), and the Rehabilitation, Comprehensive Services, and Developmental
Disabilities Amendments of 1978 (Pub. L. 95-602, 92 Stat. 2955). As used
in this part, section 504 applies only to programs or activities conducted
by Executive agencies and not to federally assisted programs. Substantial impairment means a significant
loss of the integrity of finished materials, design quality, or special
character resulting from a permanent alteration.
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