PART 255—ACCESS OF PERSONS WITH DISABILITIES TO POSTAL SERVICE PROGRAMS, ACTIVITIES, FACILITIES, AND ELECTRONIC AND INFORMATION TECHNOLOGY Authority: 39 U.S.C. 101, 401, 403, 1001, 1003, 3403, 3404; 29 U.S.C. 791, 794, 794d. Source: 69 FR 44962, July 28, 2004, unless otherwise noted. § 255.1 Purpose. (a) This part implements section 504 of the Rehabilitation Act of 1973, as amended. Section 504 prohibits discrimination on the basis of disability in programs or activities conducted by executive agencies or by the Postal Service. This part also implements section 508 of the Rehabilitation Act of 1973, as amended. Section 508 requires that executive agencies and the Postal Service ensure, absent an undue burden, that individuals with disabilities have access to electronic and information technology that is comparable to the access of individuals who are not disabled. (b) The standards relating to electronic and information technology expressed in this part are intended to be consistent with the standards announced by the Architectural and Transportation Barriers Compliance Board on December 21, 2000. Those standards are codified at 36 CFR part 1194. § 255.2 Definitions. (a) Agency (b) Area/functional vice president (c) Electronic and information technology (EIT) (d) Formal complaint (e) Individual with a disability. (1) Has a physical or mental impairment that substantially limits one or more of such person's major life activities; (2) Has a record of such an impairment; or (3) Is regarded as having such an impairment. (f) Information technology (g) Postal manager. (h) Qualified individual with a disability. (1) With respect to any Postal Service program or activity, except for employment, under which a person is required to perform services or to achieve a level of accomplishment, an individual with a disability who meets the essential eligibility requirements and who can achieve the purpose of the program or activity without modifications in the program or activity that the agency can demonstrate would result in a fundamental alteration in its nature; or (2) With respect to any other program or activity, except for employment, an individual with a disability who meets the essential eligibility requirements for participation in, or receipt of benefits from, that program or activity; or (3) With respect to employment, an individual with a disability who can perform the essential functions of the job in question with or without reasonable accommodation. (i) Section 501 (j) Section 504 (k) Section 508 (l) Undue burden (m) Vice President and Consumer Advocate § 255.3 Nondiscrimination under any program or activity conducted by the Postal Service. In accordance with section 504 of the Rehabilitation Act, no qualified individual with a disability shall, solely by reason of his or her disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity conducted by the Postal Service. § 255.4 Accessibility to electronic and information technology. (a) In accordance with section 508 of the Rehabilitation Act, the Postal Service shall ensure, absent an undue burden, that the electronic and information technology the agency procures allows— (1) Individuals with disabilities who are Postal Service employees or applicants to have access to and use of information and data that is comparable to the access to and use of information and data by Postal Service employees or applicants who are not individuals with disabilities; and (2) Individuals with disabilities who are members of the public seeking information or services from the Postal Service to have access to and use of information and data that is comparable to the access to and use of information and data by members of the public who are not individuals with disabilities. (b) When procurement of electronic and information technology that meets the standards published by the Architectural and Transportation Barriers Compliance Board would pose an undue burden, the Postal Service shall provide individuals with disabilities covered by paragraph (a) of this section with the information and data by an alternative means of access that allows the individuals to use the information and data. § 255.5 Employment. No qualified individual with a disability shall, on the basis of disability, be subjected to discrimination in employment with the Postal Service. The definitions, requirements, and procedures of section 501 of the Rehabilitation Act of 1973, as established by the Equal Employment Opportunity Commission in 29 CFR part 1614 shall apply to employment within the Postal Service. § 255.6 Processing of complaints. (a) Section 504 complaints, employment. Equal Employment Opportunity Complaint Processing. (b) Section 504 complaints, members of the public. (c) Section 508 complaints, members of the public, employees, and applicants. (d) Complaint Procedures. (1) Informal complaints relating to Postal Service programs or activities and to EIT. (ii) Resolution of the informal complaint and time limits. (iii) Automatic review. (2) Formal complaints. (i) Where to file. (ii) When to file. (iii) Acceptance of the formal complaint. (iv) Resolution of the formal complaint. (e) No retaliation. § 255.7 Special arrangements for postal services. Members of the public who are unable to use or who have difficulty using certain postal services may be eligible under postal regulations for special arrangements. Some of the special arrangements that the Postal Service has authorized are listed below. No one is required to use any special arrangement offered by the Postal Service, but an individual's refusal to make use of a particular special arrangement does not require the Postal Service to offer other special arrangements to that individual. (a) The Postal Operations Manual (1) Carrier delivery services and programs. (2) Postal retail services and programs. (i) Stamps by mail or phone. (ii) Retail service from rural carriers. (iii) Self-service postal centers. Self-service postal centers contain vending equipment for the sale of stamps and stamp items, and deposit boxes for parcels and letter mail. Many centers are accessible to individuals in wheelchairs. Information regarding the location of the nearest center may be obtained from a local post office. (b) The Domestic Mail Manual Administrative Support Manual International Mail Manual (c) Inquiries and requests. (d) Response to a request or complaint regarding a special arrangement for postal services. § 255.8 Access to postal facilities. (a) Legal requirements and policy ABA Standards. et seq., (2) Discretionary modifications. (i) The cost of the discretionary modification; (ii) The number of individuals to be benefited by the modification; (iii) The inconvenience, if any, to the general public; (iv) The anticipated useful life of the modification to the Postal Service; (v) Any requirement to restore a leased premises to its original condition at the expiration of the lease, and the cost of such restoration; (vi) The historic or architectural significance of the property in accordance with the National Historic Preservation Act of 1966, 16 U.S.C. 470 et seq.; (vii) The availability of other options to foster service accessibility; and (viii) Any other factor that is relevant and appropriate to the decision. (b) Inquiries and requests. (2) The local postal manager's response to a request or complaint regarding an alteration to a facility will be made after consultation with the district manager or the area manager. If the determination is made that modification to meet ABA design standards is not required, a discretionary alteration may be made on a case-by-case basis in accordance with the criteria listed in paragraph (a)(2) of this section. If a discretionary alteration is not made, the local postal manager should determine if a special arrangement for postal services under § 255.7 can be provided. § 255.9 Other postal regulations; authority of postal managers and employees. This part supplements all other postal regulations. Nothing in this part is intended either to repeal, modify, or amend any other postal regulation, to authorize any postal manager or employee to violate or exceed any regulatory limit, or to confer any budgetary authority on any postal official or employee outside normal budgetary procedures.