General discrimination prohibitions

Under 2205.130(a), an agency may not, on the basis of disability, exclude a qualified individual from participation in, deny them the benefits of, or otherwise subject them to discrimination in any program or activity the agency conducts.

• This is the basic non‑discrimination rule that applies across all agency programs and activities.
• See related specific prohibitions in 2205.130(b) for concrete examples of prohibited actions.

Under 2205.130(b)(1)(i), no—the agency may not deny a qualified individual with a disability the opportunity to participate in or benefit from an aid, benefit, or service.

• Denial can be direct (refusing access) or indirect (policies that effectively prevent participation).
• If access would otherwise be denied, the agency must consider ways to provide the opportunity consistent with other provisions of the part.

Under 2205.130(b)(1)(ii), no—the agency may not afford a qualified individual with a disability an opportunity to participate in or benefit from an aid, benefit, or service that is not equal to that afforded others.

• Equality here means access and benefit comparable in quality and outcome, not necessarily identical methods.
• If different approaches are needed to achieve equal access, see 2205.130(b)(1)(iv) about when separate measures may be used.

Under 2205.130(b)(1)(iii), no—the agency may not provide a qualified individual with a disability an aid, benefit, or service that is not as effective in affording equal opportunity to obtain the same result or reach the same level of achievement.

• Effectiveness means the service actually allows the person to achieve comparable outcomes, not just that a service was provided.
• If an alternative is necessary to achieve equal results, document why and ensure it truly provides equivalent opportunity.

Under 2205.130(b)(1)(iv), an agency may provide different or separate aids, benefits, or services only if that action is necessary to provide qualified individuals with disabilities with aids, benefits, or services that are as effective as those provided to others.

• Separation is allowed solely to achieve equal effectiveness—not for convenience or cost savings.
• Agencies should document why integration is not feasible and how the separate service achieves equivalent results.

Under 2205.130(b)(1)(v), no—the agency may not deny a qualified individual with a disability the opportunity to participate as a member of planning or advisory boards.

• Agencies must provide reasonable modifications or accommodations to allow participation unless doing so would fundamentally alter the board’s function.
• Consider accessible meeting locations, remote participation, and auxiliary aids to enable full involvement.

Under 2205.130(b)(1)(vi), the agency may not otherwise limit a qualified individual with a disability in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others receiving the aid, benefit, or service.

• This is a broad catch‑all preventing discriminatory restrictions beyond the specific items listed elsewhere.
• Evaluate policies and practices to ensure they do not unintentionally limit rights for people with disabilities.

Under 2205.130(b)(2), no—the agency may not deny a qualified individual with a disability the opportunity to participate in programs or activities that are not separate or different, even if permissibly separate or different programs exist.

• If an integrated program is available, individuals with disabilities must be allowed to participate in it.
• Separate programs can exist only when they are necessary and provide equal effectiveness, per 2205.130(b)(1)(iv).

Under 2205.130(b)(3), the agency may not use criteria or methods of administration that have the purpose or effect of subjecting qualified individuals with disabilities to discrimination or that defeat or substantially impair the objectives of a program with respect to individuals with disabilities.

• This covers seemingly neutral policies that have discriminatory effects.
• Agencies should review policies, selection criteria, and procedures for disparate impacts and modify them to avoid discrimination.

Under 2205.130(b)(3)(i), no—an agency may not utilize criteria or methods of administration that subject qualified individuals with disabilities to discrimination on the basis of disability.

• Even neutral criteria are prohibited if they result in discriminatory outcomes.
• Agencies must assess and revise practices that have a disparate impact on people with disabilities.

Under 2205.130(b)(3)(ii), it means using administrative methods or criteria that prevent the program from achieving its goals for individuals with disabilities or seriously reduce their ability to benefit from the program.

• If a policy impedes access to core program benefits for people with disabilities, it may violate this provision.
• Agencies should test administrative practices to ensure they advance the program’s objectives for all participants.

Under 2205.130(b)(4)(i), no—the agency may not select sites or locations in a way that would exclude individuals with disabilities from, deny them the benefits of, or otherwise subject them to discrimination in agency programs or activities.

• Site selection must account for physical and programmatic accessibility.
• Consider transportation access, building access, and proximity to services when choosing locations.

Under 2205.130(b)(4)(ii), site selection must not defeat or substantially impair the accomplishment of a program’s objectives with respect to individuals with disabilities.

• Site choices should enable individuals with disabilities to achieve the same program outcomes as others.
• When a site would impair program objectives for people with disabilities, alternative locations or accommodations should be considered.

Under 2205.130(b)(5), no—the agency may not use procurement contractor selection criteria that subject qualified individuals with disabilities to discrimination on the basis of disability.

• Procurement decisions should favor contractors who can provide accessible services and facilities or otherwise meet accessibility requirements.
• Include accessibility and nondiscrimination requirements in contracts and evaluate compliance when selecting contractors.

Under 2205.130(b)(6), the agency may not administer a licensing or certification program in a manner that subjects qualified individuals with disabilities to discrimination nor establish requirements for licensees that do so.

• Licensing standards and processes must be accessible and nondiscriminatory.
• While the agency cannot control the entire program of a licensee, it must not set requirements that would cause discrimination.

Under 2205.130(c), no—the programs or activities of entities that are licensed or certified by the agency are not themselves covered by this part.

• This means the agency’s nondiscrimination obligations apply to its own programs and to how it licenses or certifies, but not to every activity of the licensee.
• However, see 2205.130(b)(6) about not administering licensing in a discriminatory way.

Under 2205.130(c), it is permissible to limit program benefits when a Federal statute or Executive order specifically limits a program to individuals with disabilities or to a particular class of individuals with disabilities.

• Such statutory or executive‑order limitations are exceptions to the nondiscrimination rules in this part.
• Ensure the limitation is clearly required by the governing statute or Executive order before applying it.

Under 2205.130(d), the agency must administer programs and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities.

• "Most integrated setting" means providing services in settings that allow individuals with disabilities to interact with non‑disabled persons to the fullest extent appropriate.
• Assess individual needs and favor integrated options unless separate settings are necessary to achieve equal outcomes per 2205.130(b)(1)(iv).

Under 2205.130(b), yes—the agency may not, directly or through contractual, licensing, or other arrangements, discriminate on the basis of disability when providing any aid, benefit, or service.

• This means agencies must ensure contractors, grantees, and partners comply with nondiscrimination requirements.
• Include accessibility and nondiscrimination terms in contracts and monitor contractor performance.

Under 2205.130(b)(4), accessibility factors include whether a location excludes individuals with disabilities, denies them benefits, or substantially impairs program objectives for those individuals.

• Consider physical access (entrances, restrooms, routes), programmatic access (parking, transit, hours), and communication access.
• If a potential site would exclude or impair access, choose an alternative site or provide reasonable modifications to avoid discrimination.