REGULATIONS IMPLEMENTING SECTION 504 OF THE REHABILITATION ACT OF 1973, AS AMENDED, IN FEDERALLY CONDUCTED PROGRAMS AND ACTIVITIES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85B01152R001001350046-0
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 5
• Document Creation Date: December 20, 2016
• Document Release Date: January 28, 2008
• Sequence Number: 46
• Publication Date: October 19, 1983
• Content Type: MEMO

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OFFICE OF
THE CHAIRMAN
MEMORANDUM
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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
WASHINGTON, D.C. 20506
FROM Clarence Thomas
Chairman
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SUBJECT: Regulations Implementing Section 504 of the Rehabilitation
Act of 1973, as Amended, in Federally Conducted Programs
and Activities
On April 15, 1983, the Assistant Attorney General for Civil Rights sent to
you a "prototype" regulation to assist your agency in developing regula-
tions implementing Section 504 of the Rehabilitation Act of 1973 in its
programs and activities, as required by 1978 Amendments to that Act. The
letter transmitting the prototype regulation advised that before your
proposed regulation is published in the Federal Register, it must be
submitted concurrently to the Department of Justice for review pursuant
to Executive Order 12250 and to the Equal Employment Opportunity Commis-
sion for review of its employment provisions pursuant to Executive Order
12067.
A number1of questions have been raised regarding the relationship of the
employment provisions in the prototype Section 504 regulation to require-
ments for handicap nondiscrimination and affirmative action in Federal
employment under Section 501 of the Rehabilitation Act. It was the
intent of the prototype regulation to establish that its requirements for
employment nondiscrimination should be those under Section 501. However,
it appears that the language provided in the regulation and its preamble
did not make this sufficiently clear.
Accordingly, the Commission recommends the substitute language below
for use by agencies in place of the indicated sections of the prototype
regulation and its preamble. We have advised the Department of Justice
of these changes. -
Section 103. Under the definition of "qualified handicapped person,"
delete paragraph (4) which applies to employment.
Section 140. Delete "(a)" and "General" before the first sentence.
Delete entire paragraph "(b)". Following the first sentence, add:
The definitions, requirements and procedures of section 501
of the Rehabilitation Act of 1973 (29 U.S.C. 791), as es-
tablished in 29 CFR Part 1613, shall apply to employment
in federally conducted programs or activities.
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OCT
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0 ?
Section 170. Substitute the following new paragraph (a):
(a) Except as provided in paragraph (b) of this section, this
section applies to all allegations of discrimination on the
basis of handicap in programs or activities conducted by the
agency;
Substitute the following new paragraph (b) and delete paragraph (d):
(b) The agency shall process complaints alleging violations of
section 504 with respect to employment according to the pro-
cedures established in 29 CFR 1613 pursuant to section 501 of
the Rehabilitation Act of 1973 (29 U.S.C. 791).
Redesignate existing paragraph (a) as (c); existing (b) as (d);
existing (c) as (e); existing (e) as (f); existing (f) as (g), and
redesignate subsequent paragraphs in this section accordingly.
The following conforming changes should be made in the preamble:
Page 9. Delete last paragraph.
Pages 15-16. Under the heading Section 140 Employment, on the top
of page 16, following the words, "Executive agencies", insert the
following sentence:
The court also held that in order to give effect to both section
504 and section 501, the administrative procedures of section
501 must be followed in processing section 504 complaints.
Delete the second paragraph on page 16, and substitute the following
language after the case citation:
Consistent with that decision, this section provides that the
standards, requirements and procedures of section 501 of the Re-
habilitation Act, as established in regulations of the Equal Em-
ployment Opportunity Commission (EEOC) at 29 CFR Part 1613,
shall be those applicable to employment in federally conducted
programs or activities. In addition to this section, ?170(b)
of this regulation specifies that the agency will use the
existing EEOC procedures to resolve allegations of employment
discrimination. Responsibility for coordinating enforcement
of Federal laws prohibiting discrimination in employment is
assigned to the EEOC by Executive Order 12067 (3 CFR, 1979
Comp., p. 206). Under this authority, the EEOC establishes
government-wide standards on nondiscrimination in employment on
the basis of handicap.
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?
Pages 25-26. Under the heading Section 170 Compliance Procedures,
on page 25, insert as new first paragraph:
Paragraph (a) specifies that paragraphs (c) through (1) of
this section establish the procedures for processing complaints
other than employment complaints. Paragraph (b) provides that
the agency will process employment complaints according to
procedures established in existing regulations of the EEOC
(29 CFR Part 1613) pursuant to section 501 of the Rehabilita-
tion Act of 1973 (29 U.S.C. 791).
In the existing first paragraph (now the second paragraph) change
(b) to (d), and (c) to (e).
On page 26, delete the first paragraph. In the second paragraph,
change reference to paragraph (e) to (f). In the third paragraph,
change references to paragraph (f) to (g) and paragraph (h) to (i).
On page 27, in the first paragraph, change reference to paragraph
(k) to (1).
Should you have questions related to employment, you may contact Suzanne
Olive or Evelyn Idelson in the Coordination Division, Office of Legal
Counsel, EEOC, at 634-7581.
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