Chapter 16, Subchapter V, Section 794a, Subsection (a) · 29 U.S.C. Chapter 16 — VOCATIONAL REHABILITATION AND OTHER REHABILITATION SERVICES

Contents

(a)at the beginning of section 53(2 (which provides as to the effect of presentment of a bill of exchange) there shall be inserted the words “ Subject to section 75A of this Act, ”; and

(1)The remedies, procedures, and rights set forth in section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–16), including the application of sections 706(f) through 706(k) (42 U.S.C. 2000e–5(f) through (k)) (and the application of section 706(e)(3) (42 U.S.C. 2000e–5(e)(3)) to claims of discrimination in compensation), shall be available, with respect to any complaint under section 791 of this title, to any employee or applicant for employment aggrieved by the final disposition of such complaint, or by the failure to take final action on such complaint. In fashioning an equitable or affirmative action remedy under such section, a court may take into account the reasonableness of the cost of any necessary work place accommodation, and the availability of alternatives therefor or other appropriate relief in order to achieve an equitable and appropriate remedy.

(2)The remedies, procedures, and rights set forth in title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) (and in subsection (e)(3) of section 706 of such Act (42 U.S.C. 2000e–5), applied to claims of discrimination in compensation) shall be available to any person aggrieved by any act or failure to act by any recipient of Federal assistance or Federal provider of such assistance under section 794 of this title.

United States Government work; public domain under 17 U.S.C. § 105.

Defined terms · 17

Show every defined term

Administrator
means the Administrator of the Administration for Community Living of the Department of Health and Human Services.
alternative means of dispute resolution
means any procedure, including good faith negotiation, conciliation, facilitation, mediation, factfinding, and arbitration, and any combination of procedures, that is used in lieu of litigation in a court or formal adjudication in an administrative forum, to resolve a dispute arising under this section.
American Indian consortium
means a consortium established as described in section 142 1 of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6042).
center for independent living
means a consumer-controlled, community-based, cross-disability, nonresidential private nonprofit agency for individuals with significant disabilities (regardless of age or income) that—
consumer control
means, with respect to a center for independent living, that the center vests power and authority in individuals with disabilities, in terms of the management, staffing, decisionmaking, operation, and provisions of services, of the center.
Consumer Price Index
means the Consumer Price Index for All Urban Consumers, published monthly by the Bureau of Labor Statistics.
covered school
means an elementary school or secondary school (as such terms are defined in section 7801 of title 20) or an institution of higher education.
direct services
means vocational rehabilitation services, as described in section 723(a) of this title.
eligible agency
means a consumer-controlled, community-based, cross-disability, nonresidential private nonprofit agency.
eligible client
means an individual with a disability, as defined in section 705(20)(A) of this title, who is not currently receiving services under an individualized plan for employment established through a designated State unit.
eligible system
means a protection and advocacy system that is established under subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 [42 U.S.C. 15041 et seq.] and that meets the requirements of subsection (f).
Federal minimum wage
means the rate applicable under section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)).
full term
means a term of 3 years.
older individual who is blind
means an individual age 55 or older whose significant visual impairment makes competitive employment extremely difficult to attain but for whom independent living goals are feasible.
program or activity
means all of the operations of— any part of which is extended Federal financial assistance.
protection and advocacy system
means a protection and advocacy system established under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.).
reservation
includes Indian reservations, public domain Indian allotments, former Indian reservations in Oklahoma, and land held by incorporated Native groups, regional corporations, and village corporations under the provisions of the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.].