Notice requirements for nondiscrimination

The agency must make notice available to employees, applicants, participants, beneficiaries, and other interested persons. The regulation explicitly lists those groups as the people who must be informed about the provisions and applicability of this part and the protections it provides under section 504 and access under section 508 (2205.111).

• Recipients named in the rule: employees, applicants, participants, beneficiaries, and other interested persons.

This duty is established by the Notice provision in the Enforcement of Nondiscrimination on the Basis of Disability rule (Part 2205).

The agency must provide information regarding the provisions of this part and its applicability to the programs or activities conducted by the agency. In short, the notice must explain what the rule requires and how it applies to the agency's programs or activities (2205.111).

• The section limits the content to information about the part's provisions and applicability to the agency's programs or activities.

For broader context on the rule's purpose, see the overall Part 2205.

The Chairman decides the manner in which the agency must make the information available. The regulation explicitly says the information must be made available "in such manner as the Chairman finds necessary" to apprise persons of their protections under section 504 and access under section 508 (2205.111).

• This gives the Chairman discretionary authority to determine format and method of notice.

Yes. The notice must apprise persons of the protections against discrimination assured them by section 504 and the access to technology provided under section 508 and the regulation (2205.111).

• The rule links the required notice content directly to the protections of section 504 and access obligations under section 508.

No. The regulation does not specify particular formats; it leaves the choice of format and method to what the Chairman finds necessary to apprise persons of their protections. The language is deliberately broad and grants the Chairman discretion to require the appropriate manner of notice (2205.111).

• Because formats are not listed, the Chairman may require formats suitable to the audience and agency programs.

Yes. The regulation explicitly includes applicants among the groups who must be made aware of the provisions and applicability of this part (2205.111).

• "Applicants" is specifically named alongside employees, participants, beneficiaries, and other interested persons.

Yes. The agency must make available information regarding the provisions of this part and its applicability to the programs or activities conducted by the agency, so the notice should explain how the rule applies to the agency's own programs and activities (2205.111).

• Applicability to the agency's programs or activities is explicitly included in the required information content.

Yes. The regulation requires making information available that apprises persons of the access to technology provided under section 508 and this regulation, which includes beneficiaries as one of the identified groups (2205.111).

• The notice must cover the agency's section 508 access obligations as they relate to the agency's programs and activities.

No. The regulation requires making information available not only to internal staff but also to applicants, participants, beneficiaries, and other interested persons, so limiting the notice solely to internal staff would not satisfy the provision (2205.111).

• The rule expressly names multiple external groups who must be reached, not just employees.

No. 2205.111 describes the agency's duty to make information available; it does not set out specific penalties or enforcement procedures tied directly to the notice requirement. Any enforcement or penalties would be addressed elsewhere in the agency's enforcement framework (2205.111).

• The section focuses on notice content and the Chairman's role in determining manner of notice rather than sanctions.

The Notice requirement is located at 2205.111 of Part 2205, titled "Notice." You can find the section text at 2205.111 and the broader part at Part 2205.

• This section is part of the Enforcement of Nondiscrimination on the Basis of Disability in Programs or Activities Conducted by the Occupational Safety and Health Review Commission and in Accessibility of Commission Electronic and Information Technology.

Yes. Because 2205.111 grants the Chairman authority to determine "such manner as the Chairman finds necessary" to apprise persons, the Chairman can require different methods or formats tailored to different audiences if deemed necessary to communicate protections under section 504 and access under section 508 (2205.111).

• The provision's wording supports tailored approaches to ensure the intended audiences are effectively informed.