29 U.S.C. § 793 — Employment under Federal contracts

Page 299 TITLE 29—LABOR § 793 1 See References in Text note below. fixed to the prescription drug container by the phar- macist and dispensed to the consumer.’’ § 793. Employment under Federal contracts (a) Amount of contracts or subcontracts; provi- sion for employment and advancement of qualified individuals with disabilities; regu- lations Any contract in excess of $10,000 entered into by any Federal department or agency for the procurement of personal property and nonper- sonal services (including construction) for the United States shall contain a provision requir- ing that the party contracting with the United States shall take affirmative action to employ and advance in employment qualified individ- uals with disabilities. The provisions of this sec- tion shall apply to any subcontract in excess of $10,000 entered into by a prime contractor in car- rying out any contract for the procurement of personal property and nonpersonal services (in- cluding construction) for the United States. The President shall implement the provisions of this section by promulgating regulations within ninety days after September 26, 1973. (b) Administrative enforcement; complaints; in- vestigations; departmental action If any individual with a disability believes any contractor has failed or refused to comply with the provisions of a contract with the United States, relating to employment of individuals with disabilities, such individual may file a complaint with the Department of Labor. The Department shall promptly investigate such complaint and shall take such action thereon as the facts and circumstances warrant, consistent with the terms of such contract and the laws and regulations applicable thereto. (c) Waiver by President; national interest special circumstances for waiver of particular agree- ments; waiver by Secretary of Labor of af- firmative action requirements (1) The requirements of this section may be waived, in whole or in part, by the President with respect to a particular contract or sub- contract, in accordance with guidelines set forth in regulations which the President shall pre- scribe, when the President determines that spe- cial circumstances in the national interest so require and states in writing the reasons for such determination. (2)(A) The Secretary of Labor may waive the requirements of the affirmative action clause required by regulations promulgated under sub- section (a) with respect to any of a prime con- tractor’s or subcontractor’s facilities that are found to be in all respects separate and distinct from activities of the prime contractor or sub- contractor related to the performance of the contract or subcontract, if the Secretary of Labor also finds that such a waiver will not interfere with or impede the effectuation of this chapter. (B) Such waivers shall be considered only upon the request of the contractor or subcontractor. The Secretary of Labor shall promulgate regula- tions that set forth the standards used for grant- ing such a waiver. (d) Standards used in determining violation of section The standards used to determine whether this section has been violated in a complaint alleg- ing nonaffirmative action employment discrimi- nation under this section shall be the standards applied under title I of the Americans with Dis- abilities Act of 1990 (42 U.S.C. 12111 et seq.) and the provisions of sections 501 through 504, and 510,1 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12201–12204 and 12210), as such sec- tions relate to employment. (e) Avoidance of duplicative efforts and incon- sistencies The Secretary shall develop procedures to en- sure that administrative complaints filed under this section and under the Americans with Dis- abilities Act of 1990 [42 U.S.C. 12101 et seq.] are dealt with in a manner that avoids duplication of effort and prevents imposition of inconsistent or conflicting standards for the same require- ments under this section and the Americans with Disabilities Act of 1990. (Pub. L. 93–112, title V, § 503, Sept. 26, 1973, 87 Stat. 393; Pub. L. 95–602, title I, § 122(d)(1), Nov. 6, 1978, 92 Stat. 2987; Pub. L. 99–506, title I, § 103(d)(2)(B), (C), title X, §§ 1001(f)(2), (3), 1002(e)(3), Oct. 21, 1986, 100 Stat. 1810, 1843, 1844; Pub. L. 100–630, title II, § 206(c), Nov. 7, 1988, 102 Stat. 3312; Pub. L. 102–569, title I, § 102(p)(31), title V, § 505, Oct. 29, 1992, 106 Stat. 4360, 4427.) Editorial Notes REFERENCES IN TEXT The Americans with Disabilities Act of 1990, referred to in subsecs. (d) and (e), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§ 12101 et seq.) of Title 42, The Public Health and Welfare. Title I of the Act is classified gen- erally to subchapter I (§ 12111 et seq.) of chapter 126 of Title 42. 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 1992—Subsec. (a). Pub. L. 102–569, §§ 102(p)(31)(A), 505(a), substituted ‘‘$10,000’’ for ‘‘$2,500’’ in two places, struck out ‘‘, in employing persons to carry out such contract,’’ after ‘‘contain a provision requiring that’’, and substituted ‘‘individuals with disabilities’’ for ‘‘in- dividuals with handicaps as defined in section 706(8) of this title’’. Subsec. (b). Pub. L. 102–569, § 102(p)(31)(B), substituted ‘‘individual with a disability’’ for ‘‘individual with handicaps’’ and ‘‘individuals with disabilities’’ for ‘‘in- dividuals with handicaps’’. Subsec. (c). Pub. L. 102–569, § 505(b), designated exist- ing provisions as par. (1) and added par. (2). Subsecs. (d), (e). Pub. L. 102–569, § 505(c), added sub- secs. (d) and (e). 1988—Subsec. (a). Pub. L. 100–630, § 206(c)(1), inserted a comma after ‘‘to carry out such contract’’. Subsec. (b). Pub. L. 100–630, § 206(c)(2), substituted ‘‘refused’’ for ‘‘refuses’’. Subsec. (c). Pub. L. 100–630, § 206(c)(3), substituted ‘‘which the President’’ for ‘‘which The President’’ and ‘‘when the President’’ for ‘‘when The President’’. 1986—Subsec. (a). Pub. L. 99–506, §§ 103(d)(2)(C), 1002(e)(3), substituted ‘‘individuals with handicaps’’ for Page 300 TITLE 29—LABOR § 794 1 See References in Text note below. ‘‘handicapped individuals’’ and ‘‘section 706(8) of this title’’ for ‘‘section 706(7) of this title’’. Subsec. (b). Pub. L. 99–506, §§ 103(d)(2)(B), (C), 1001(f)(2), substituted ‘‘individual with handicaps’’ for ‘‘handicapped individual’’, ‘‘individuals with handi- caps’’ for ‘‘handicapped individuals’’, and ‘‘a contract’’ for ‘‘his contract’’. Subsec. (c). Pub. L. 99–506, § 1001(f)(3), substituted ‘‘The President’’ for ‘‘he’’ in two places and substituted ‘‘the reasons’’ for ‘‘his reasons’’. 1978—Subsec. (a). Pub. L. 95–602 substituted ‘‘section 706(7) of this title’’ for ‘‘section 706(6) of this title’’. § 794. Nondiscrimination under Federal grants and programs (a) Promulgation of rules and regulations No otherwise qualified individual with a dis- ability in the United States, as defined in sec- tion 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 assist- ance or under any program or activity con- ducted 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 amend- ments to this section made by the Rehabilita- tion, Comprehensive Services, and Develop- mental Disabilities Act of 1978. Copies of any proposed regulation shall be submitted to appro- priate 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 commit- tees. (b) ‘‘Program or activity’’ defined For the purposes of this section, the term ‘‘program or activity’’ means all of the oper- ations 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 govern- ment 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 as- sistance to a State or local government; (2)(A) a college, university, or other postsec- ondary institution, or a public system of high- er 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 cor- poration, 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 recre- ation; or (B) the entire plant or other comparable, geographically separate facility to which Fed- eral 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 para- graph (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 assur- ing 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 alleg- ing employment discrimination under this sec- tion 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 sec- tions 501 through 504, and 510,1 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 Notes REFERENCES IN TEXT The amendments to this section made by the Reha- bilitation, 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 edu- cation’’.