28 CFR Part 35 · Subpart C — Employment
§ 35.140 Employment discrimination prohibited
Last updated June 11, 2026
What 28 CFR §35.140 requires of state and local governments.
In Plain Language
Title II prohibits employment discrimination against people with disabilities by state and local governments. This covers hiring, promotions, pay, job assignments, training, benefits, and any other term or condition of employment. The employment standards under Title II mirror those of Title I of the ADA, but apply specifically to government employers. State and local government employees with disabilities have rights under both Title I and Title II.
This summary is not official legal text. For authoritative guidance, consult the official regulatory text and Department of Justice guidance at ada.gov.
This summary is educational, not legal advice. The official text below controls.
Official Regulatory Text — 28 CFR § 35.140
Verbatim from 28 CFR Part 35, current through June 9, 2026.
(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, 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, 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.
What § 35.140 Means in Practice
- Title II covers employment by state and local governments, no matter how small the entity is. There is no minimum employee count for Title II coverage
- Entities covered by Title I of the ADA must follow the Title I employment standards (29 CFR part 1630)
- Entities not covered by Title I follow the Section 504 employment standards (28 CFR part 41)
- Hiring, firing, promotion, training, and benefits are all covered employment practices
- Employment complaints often run through the EEOC, but Title II provides an independent path against public employers
Common Questions
Which agency handles employment discrimination complaints against government employers?
Both the EEOC (Title I) and DOJ (Title II) have jurisdiction. Employees may file with either agency.
Does this require government employers to hire people with disabilities?
No. It requires that qualified individuals with disabilities not be discriminated against. Employers must make reasonable accommodations that do not cause undue hardship.
Does § 35.140 apply to your entity?
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