Disability discrimination prohibition

Under 2205.149, agencies must not deny, exclude, or otherwise discriminate against qualified individuals with disabilities because the agency’s facilities are inaccessible or unusable. This is stated in 2205.149.

• Prohibited actions include being denied the benefits of a program, being excluded from participation, or being subjected to any other discrimination on that basis.
• The text makes an exception for any situations specifically covered by 2205.150, so you must consult that section for any narrow exceptions.

Under 2205.149, "qualified individuals with a disability" are protected from discrimination because the agency’s facilities are inaccessible or unusable. The protection and the prohibited conduct are set out in 2205.149.

• The section names the protected class directly: "no qualified individual with a disability shall... be denied the benefits of, be excluded from participation in, or otherwise be subjected to discrimination" for the reasons stated.

Under 2205.149, the rule covers any program or activity conducted by the agency; there is no limitation in the text to specific programs. See 2205.149.

• The plain wording is "any program or activity conducted by the agency," so the prohibition applies broadly to agency-run programs and activities unless an exception in 2205.150 applies.

Under 2205.149, the text specifically refers to situations where the agency’s facilities are "inaccessible to or unusable by individuals with disabilities," so the provision directly addresses physical facility accessibility; the broader Part 2205 covers other accessibility areas. See 2205.149 and the part title in 2205.

• The part title for 2205 notes enforcement of nondiscrimination and accessibility of Commission electronic and information technology, so for electronic or information technology accessibility you should consult other sections of Part 2205 in addition to 2205.149.

Under 2205.149, an agency cannot refuse services or deny benefits solely because its facilities are inaccessible or unusable by a qualified individual with a disability, except as otherwise provided in 2205.150. The prohibition is stated in 2205.149.

• If an agency believes an exception may apply, it must consult 2205.150 to determine whether that situation is covered by an explicit exception.

Under 2205.149, the prohibited actions listed are denying the benefits of a program, excluding an individual from participation in a program, or otherwise subjecting an individual to discrimination because the agency’s facilities are inaccessible or unusable. The exact language appears in 2205.149.

• In short: denied benefits, excluded from participation, or otherwise discriminated against are the three forms of prohibited conduct explicitly named by the section.

Under 2205.149, the phrase means that the general prohibition against discrimination for inaccessible or unusable facilities applies except where 2205.150 provides a specific, different rule or exception. See 2205.149.

• You must read 2205.150 to understand any narrow exceptions or special conditions that alter the general prohibition in 2205.149.

Under 2205.149, the section states the prohibition against denying benefits or excluding qualified individuals because facilities are inaccessible or unusable, but it does not itself set out specific affirmative duties to alter facilities in that text; see 2205.149.

• For requirements about what actions an agency must take to achieve accessibility or about exceptions, consult other provisions of Part 2205 and 2205.150 that may address remedies, standards, or exceptions.

Under 2205.149, practical examples of being "excluded from participation" include situations where a qualified individual with a disability cannot attend, use, or otherwise take part in an agency program because the agency’s facilities are inaccessible or unusable. The prohibition and examples of barred outcomes are grounded in 2205.149.

• Examples: being unable to enter a hearing room to observe or participate in proceedings; being unable to access a service counter or meeting space that is necessary to take part in a program; or being prevented from receiving program benefits because the physical environment makes the program unusable for that person.
• Any such situation is covered unless a specific exception applies under 2205.150.

Under 2205.149, the section implements Part 2205’s purpose by prohibiting discrimination in agency programs when facilities are inaccessible, which aligns with the part’s overall enforcement of nondiscrimination and accessibility obligations; see 2205 and 2205.149.

• The Part 2205 title explicitly references both nondiscrimination and accessibility of electronic and information technology, so 2205.149 addresses the program-accessibility piece for facilities, while other sections of the part address related accessibility topics.

Under 2205.149, both conditions—being "inaccessible to" and being "unusable by" individuals with disabilities—trigger the prohibition against denying benefits, exclusion, or other discrimination; see 2205.149.

• The section uses both terms to cover situations where the physical environment either cannot be reached or, once reached, cannot be used by a qualified individual with a disability.