---
kind: "section"
citation: "28 C.F.R. § 35.140"
title: "28"
number: "35.140"
heading: "Employment discrimination prohibited."
url: "https://uscodex.org/cfr/28/35.140"
---

# §35.140. Employment discrimination prohibited.

- (a) No qualified individual with a disability shall, on the basis of disability, be subjected to discrimination in employment under any service, program, or activity conducted by a public entity.
- (b)
  - (1) For purposes of this part, the requirements of title I of the Act, as established by the regulations of the Equal Employment Opportunity Commission in [29 CFR part 1630](/cfr/29/part1630.md), apply to employment in any service, program, or activity conducted by a public entity if that public entity is also subject to the jurisdiction of title I.
  - (2) For the purposes of this part, the requirements of section 504 of the Rehabilitation Act of 1973, as established by the regulations of the Department of Justice in [28 CFR part 41](/cfr/28/part41.md), as those requirements pertain to employment, apply to employment in any service, program, or activity conducted by a public entity if that public entity is not also subject to the jurisdiction of title I.

## Notes

### Authority

Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510; 42 U.S.C. 12134, 12131, and 12205a.

### Source

Source: Order No. 1512-91, 56 FR 35716, July 26, 1991, unless otherwise noted.