17.103—Definitions.
For purposes of this part, the term—
(b)
Assistant Attorney General
means the Assistant Attorney General, Civil Rights
Division, United States Department of Justice.
(c)
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 and other
similar services and devices. Auxiliary aids
useful for persons with impaired hearing include
telephone handset amplifiers, telephones
compatible with hearing aids, telecommunications
devices for deaf persons (TDD's), interpreters,
notetakers, written materials and other similar
services and devices.
(d)
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 of
individuals with handicaps shall also identify
(where possible) the alleged victims of
discrimination.
(e)
Facility means all or any
portion of a building, structure, equipment, road,
walk, parking lot, rolling stock, or other
conveyance, or other real or personal
property.
(f)
Individual with handicaps
means any person who has a physical or mental
impairment that substantially limits one or more
of the individual's 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, drug addiction and alcoholism.
(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
of the individual's major life activities.
(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.
(g)
Qualified individual with
handicaps means—(1) With respect to an agency
program or activity under which a person is
required to perform services or to achieve a level
of accomplishment, an individual with handicaps
who meets the essential eligibility requirements
and who can achieve 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 the nature
of the program; and
(2)
With respect to any other program or
activity, an individual with handicaps who meets
the essential eligibility requirements for
participation in, or receipt of benefits from,
that program or activity; and
(3)
For purposes of employment, “qualified
handicapped person” is defined in 29 CFR
1613.702(f), which is made applicable to this part
by § 17.140.
(h)
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. As used
in this part, section 504 applies only to programs
or activities conducted by Executive agencies and
not to federally assisted programs.