\365\365102.131-102.139 3 CFR Ch. I (1-1-2001 Edition) (4) The agency may not, in deter- mining the site or location of a facil- ity, make selections the purpose or ef- fect of which would- (i) Exclude individuals with handi- caps from, deny them the benefits of, or otherwise subject them to discrimi- nation under any program or activity conducted by the agency; or (ii) Defeat or substantially impair the accomplishment of the objectives of a program or activity with respect to individuals with handicaps. (5) The agency, in the selection of procurement contractors, may not use criteria that subject qualified individ- uals with handicaps to discrimination on the basis of handicap. (6) The agency may not administer a licensing or certification program in a manner that subjects qualified individ- uals with handicaps to discrimination on the basis of handicap, nor may the agency establish requirements for the programs or activities of licensees or certified entities that subject qualified individuals with handicaps to discrimi- nation on the basis of handicap. How- ever, the programs or activities of enti- ties that are licensed or certified by the agency are not, themselves, cov- ered by this regulation. (c) The exclusion of nonhandicapped persons from the benefits of a program limited by Federal statute or Execu- tive order to individuals with handi- caps or the exclusion of a specific class of individuals with handicaps from a program limited by Federal statute or Executive order to a different class of individuals with handicaps is not pro- hibited by this regulation. (d) The agency shall administer pro- grams and activities in the most inte- grated setting appropriate to the needs of qualified individuals with handicaps. \3658 102.131-102.139 [Reserved] \365 102.140 Employment. No qualified individual with handi- caps shall, on the basis of handicap, be subject to discrimination in employ- ment under any program or activity conducted by the agency. The defini- tions, requirements, and procedures of section 501 of the l\177ehabilitation Act of 1973 (29 U.S.C. 791), as established by the Equal Employment Opportunity Commission in 29 CFI\177 part 1613, shall apply to employment in federally con- ducted programs or activities. \365 102.141-102.148 [Reserved] \365 102.149 Program accessibility.' Dis- crimination prohibited. Except as otherwise provided in \365102.150, no qualified individual with handicaps shall, because the agency's facilities are inaccessible to or unus- able by individuals with handicaps, be denied the benefits of, be excluded from participation in, or otherwise be sub- jected to discrimination under any pro- gram or activity conducted by the agency. 8102.150 Program accessibility.' Exist- ing facilities. (a) General. The agency shall operate each program or activity so that the program or activity, when viewed in its entirety, is readily accessible to and usable by individuals with handicaps. This paragraph does not- (l) Necessarily require the agency to make each of its existing facilities ac- cessible to and usable by individuals with handicaps; (2) In the case of historic preserva- tion programs, require the agency to take any action that would result in a substantial impairment of significant historic features of an historic prop- erty; or (3) Require the agency to take any action that it can demonstrate would result in a fundamental alteration in the nature of a program or activity or in undue financial and administrative burdens. In those circumstances where agency personnel believe that the pro- posed action would fundamentally alter the program or activity or would result in undue financial and adminis- trative burdens, the agency has the burden of proving that compliance with \365102.150(a) would result in such alter- ation or burdens. The decision that compliance would result in such alter- ation or burdens must be made by the agency head or his or her designee after considering all agency resources available for use in the funding and op- eration of the conducted program or activity, and must be accompanied by a written statement of the reasons 420
�
