---
kind: "section"
citation: "29 C.F.R. § 1630.4"
title: "29"
number: "1630.4"
heading: "Discrimination prohibited."
url: "https://uscodex.org/cfr/29/1630.4"
---

# §1630.4. Discrimination prohibited.

- (a) **In general—**
  - (1) It is unlawful for a covered entity to discriminate on the basis of disability against a qualified individual in regard to:
    - (i) Recruitment, advertising, and job application procedures;
    - (ii) Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff, and rehiring;
    - (iii) Rates of pay or any other form of compensation and changes in compensation;
    - (iv) Job assignments, job classifications, organizational structures, position descriptions, lines of progression, and seniority lists;
    - (v) Leaves of absence, sick leave, or any other leave;
    - (vi) Fringe benefits available by virtue of employment, whether or not administered by the covered entity;
    - (vii) **Selection and financial support for training, including—** apprenticeships, professional meetings, conferences and other related activities, and selection for leaves of absence to pursue training;
    - (viii) Activities sponsored by a covered entity, including social and recreational programs; and
    - (ix) **Any other term, condition, or privilege of employment.**
  - (2) The term discrimination includes, but is not limited to, the acts described in [§§ 1630.4 through 1630.13](/cfr/29/1630.4..1630.13.md) of this part.
- (b) **Claims of no disability.** Nothing in this part shall provide the basis for a claim that an individual without a disability was subject to discrimination because of his lack of disability, including a claim that an individual with a disability was granted an accommodation that was denied to an individual without a disability.

## Notes

### Amendments

[76 FR 17002, Mar. 25, 2011]

### Authority

Authority: 42 U.S.C. 12116 and 12205a of the Americans with Disabilities Act, as amended.

### Source

Source: 56 FR 35734, July 26, 1991, unless otherwise noted.

### Amendments

[76 FR 17002, Mar. 25, 2011]