Laws and Regulations Enforced by OCR

OCR enforces nondiscrimination regulations that apply to programs, services, and activities receiving HHS Federal financial assistance.  We also enforce nondiscrimination provisions of other laws as they apply to programs and activities receiving HHS Federal financial assistance.

The following links are from the GPO Access.gov, unless otherwise noted. To learn more about Code of Federal Regulations (CFR) and United States Code (USC), please visit the Government Printing Office at www.GPO.gov.

Statutes and Regulations Enforced by OCR

• Title VI of the Civil Rights Act of 1964, as amended (42 USC § 2000d), prohibits discrimination on the basis of race, color, or national origin 45 CFR 80.

• Section 504 of the Rehabilitation Act of 1973, as amended (29 USC § 794), prohibits discrimination against otherwise qualified individuals on the basis of disability in:
  • Programs and activities receiving financial assistance from HHS 45 CFR 84;
  • Programs or activities conducted by HHS 45 CFR 85.

• Title IX of the Education Amendments of 1972, as amended, (20 USC § 1681) prohibits discrimination on the basis of sex (gender) in Federally-Assisted Education Programs 45 CFR 86.

• The Age Discrimination Act of 1975, as amended (42 USC § 6101), prohibits discrimination on the basis of age in:
  • Programs or activities receiving Federal financial assistance 45 CFR 90; and 
  • Programs or services receiving HHS financial assistance 45 CFR 91.

• Titles VI and XVI of the Public Health Service Act (42 USC §§ 291 and 300) require health facilities that received certain Federal funds (“Hill-Burton” funds) to provide certain services to members of its designated community 42 CFR 124, Subpart G.

• Section 1557 of the Patient Protection and Affordable Care Act (42 USC § 18116), which provides that an individual shall not be excluded from participation in, be denied the benefits of, or be subjected to discrimination on the grounds prohibited under Title VI of the Civil Rights Act of 1964, 42 USC § 2000d et seq. (race, color, national origin), Title IX of the Education Amendments of 1972, 20 USC § 1681 et seq. (sex), the Age Discrimination Act of 1975, 42 USC § 6101 et seq. (age), or Section 504 of the Rehabilitation Act of 1973, 29 USC § 794 (disability), under any health program or activity, any part of which is receiving Federal financial assistance, or under any program or activity that is administered by an Executive Agency or any entity established under Title I of the Affordable Care Act or its amendments. OCR has enforcement authority with respect to health programs and activities that receive Federal financial assistance from the Department of Health and Human Services (HHS) or are administered by HHS or any entity established under Title I of the Affordable Care Act or its amendments.

• Section 1553 of the Patient Protection and Affordable Care Act (42 USC § 18113) prohibits discrimination against individuals or institutional health care entities that do not provide assisted suicide services. See the Section 1553 webpage for more information.

• Title II of the Americans with Disabilities Act
  • 28 CFR Part 35: Nondiscrimination on the Basis of Disability in State and Local Government Services
  • 2010 ADA Standards for Accessible Design

• Federal Health Care Conscience Protection Statutes: Prohibits recipients of certain Federal funds from discriminating against certain health care providers who refuse to participate in certain health care services on religious or moral grounds.
  • Church Amendments (42 USC § 300a-7)
  • Public Health Service (PHS) Act (42 USC § 238n)
  • Weldon Amendment (Continuing Appropriations Resolution, Pub. L. No. 113-164, Sec. 101(a) (Sept. 19, 2015)
  • Regulation for the Enforcement of Federal Health Care Provider Conscience Protection Laws

• The Religious Freedom Restoration Act of 1993 prohibits the federal government from substantially burdening a person or institution’s religious exercise, unless the federal government demonstrates that application of such burden to the religious adherent is the least restrictive means of achieving a compelling governmental interest. (42 U.S.C. 2000bb et seq.) OCR has been delegated authority over implementation of and compliance with RFRA relating to programs or activities funded, conducted, or administered by HHS. (83 Fed. Reg. 2804 (Jan. 19, 2018))

• Section 508 of the Rehabilitation Act of 1973, as amended, (29 USC § 794(d)) prohibits discrimination on the basis of disability in electronic and information technology as they relate to programs and activities conducted by HHS.  See the Accessibility Board 508 Homepage for more information.

• Section 1808(c) of the Small Business Job Protection Act of 1996 (42 USC § 1996b) prohibits covered agencies and entities from discriminating on the basis of race, color and national origin in child placement decisions in adoption and foster care.

• Sections 794 and 855 of the Public Health Service Act, (42 USC §§ 295m and 296g) prohibits discrimination on the basis of sex (gender) in Federally-Assisted Health Training Programs (45 CFR 83).

• Section 508 of the Social Security Act (42 USC § 708) prohibits discrimination on the basis of age, race, color, national origin, disability, sex (gender), or religion in the Maternal and Child Health Services Block Grant .

• Section 533 of the Public Health Service Act (42 USC § 290cc-33) prohibits discrimination on the basis of age, race, color, national origin, disability, sex (gender), or religion in Projects for Assistance in Transition from Homelessness.

• Section 1908 of the Public Health Service Act (42 USC § 300w-7) prohibits discrimination on the basis of age, race, color, national origin, disability, sex (gender), or religion in programs, services, and activities funded by Preventative Health and Health Services Block Grants. 

• Section 1947 of the Public Health Service Act prohibits discrimination on the basis of age, race, color, national origin, disability, sex (gender), or religion in programs and activities funded by Community Mental Health Services Block Grant and Substance Abuse Prevention and Treatment Block Grants (42 USC § 300x-57).

• The Family Violence Prevention and Services Act (42 USC § 10406) prohibits discrimination on the basis of age, race, color, national origin, disability, sex (gender), or religion in programs and activities funded under this Act.

• The Low-Income Home Energy Assistance Act of 1981 (42 USC § 8625) prohibits discrimination on the basis of race, color, national origin, or sex (gender) in programs and activities funded under this Act.

• The Community Services Block Grant Act prohibits discrimination on the basis of race, color, national origin, or sex (gender) in programs and activities funded under this Act (42 USC § 9918).

• The Communications Act of 1934 (47 USC § 398), as amended, has Equal employment Opportunity provisions that prohibit employment discrimination on the basis of race, color, religion, national origin, or sex (gender) by Federally-funded public telecommunication entities.