§504 – Rehabilitation Act of 1973
A. §504 of the Rehab Act prohibits a federally funded state program from discriminating against a handicapped
indiv. solely by meaning of their handicap.
Federal law that covers ppl w/ disabilities (PWD)
Precursor to ADA
Where PWD would have to have met
all other required conditions
PWD’s application of the federal benefit.
If PWD is applying for HHS funds, then PWD needs to be “otherwise qualified”
If federal program has residency requirements, then PWD needs to be a resident
If PWD is seeking a grant, PWD would need to also have met other criteria required for grant.
by reason of his/ her disability”
If someone is both a minority and disabled, §504 won’t help
EX. A female EE w/ a Ph.D. in Physics who was working for NASA in a wheelchair was turned down for a
promotion as a supervisor b/c she can’t travel.
Although she was otherwise qualified for the position as a
supervisor, §504 would be inapplicable b/c she was both a female and disabled.
“Be excluded form the participation in…”, “Be denied the benefits,” or “Be subjected to discrimination”
under any program or activity
receiving fed’l financial assistance – must find fed’l grant that funds particular activity
operated by a fed’l executive agency or the Post Office
Title I - Employment
A. The ADA prohibits discrimination by covered entities, including private ERs, against qualified individuals w/ a
provides that no covered ER “shall discriminate against a qualified individual w/ a
disability b/c of the disability
of such individual in regard to job application procedures, the hiring,
advancement, or discharge of employees, EE compensation, job training, and other terms, conditions, and
privileges of employment.”
Qualified individual w/ disability
“an individual w/ a disability who,
w/ or w/out reasonable
, can perform the essential functions of the employment position that such individual
holds or desires.”
ER, employment agency, labor organization, or joint labor-mgmt committee
General rule of non-discrimination in Title I:
No covered entity shall discriminate against a qualified
individual w/ disability of such individual in regard to job application procedures, hiring, advancement, or
discharge of EEs.
EEOC Regulations define 3 elements of disability
The ADA and Rehab Act define a PWD as one who:
Has a physical or mental impairment that substantially limits one or more major life activities, or
Has a record of such a physical or mental impairment, or
Is regarded as having such a physical or mental impairment.