Coverage of the Rehabilitation Act of 1973

What is the purpose of the Rehabilitation Act of 1973?

The Rehabilitation Act of 1973 was enacted to allow full participation in society by individuals with disabilities. The Rehabilitation Act is a federal law that protects qualified individuals with handicaps from discrimination, based solely on their disability, in any federally funded service, program, or activity, including healthcare and employment.

Specifically, § 504 of the Rehabilitation Act provides: "No otherwise qualified individual with a disability shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance." This means that any organization, agency, service provider, school, or employer that receives federal funds cannot discriminate against a person just because he or she is disabled.

What is considered to be a disability or a handicap under the Rehabilitation Act?

Section 504 defines "individuals with handicaps" as persons with a physical or mental impairment that substantially limits one or more of the person's "major life activities." Major life activities include self-care, breathing, walking, seeing, hearing, performing manual tasks, working, and learning. Examples of disabilities are: blindness or visual impairments, deafness or hearing impairments, mental or emotional illness, diabetes, cancer, and certain heart or respiratory diseases. Alcoholism and drug addictions are also considered to be disabilities if they substantially impair at least one major life activity.

The protections of the Rehabilitation Act also extend to some individuals with Human Immunodeficiency Virus (HIV) and possibly most individuals with Acquired Immune Deficiency Syndrome (AIDS). It is true that HIV is considered to be a protected disability. However, a person with HIV must also meet the legal requirements for a "qualified individual with handicaps" in order to receive the protection and rights provided by § 504 of the Rehabilitation Act.

Section 504 also protects those individuals who are perceived to have a disability.

Does the Rehabilitation Act prevent discrimination in the workplace?

Section 504 of the Rehabilitation Act makes it illegal to deny employment opportunities to a person due to his or her disability. The Rehabilitation Act applies to all federal employers and to those employers that receive federal financial assistance. In addition, any employer that enters into a contract for a specified with the federal government must adhere to the requirements of the Rehabilitation Act.

For purposes of employment, the Rehabilitation Act defines "qualified individuals with handicaps" as persons that can perform the essential functions of a job, as long as the employer makes "reasonable accommodations." An employer is not required to suffer "undue hardship," however, when making such accommodations.

Are federal employees protected by the Rehabilitation Act?

Federal employers are required to follow the provisions of the Rehabilitation Act. Specifically, § 501 of the Rehabilitation Act prohibits employment discrimination against federal employees who are disabled. Federal employees who believe that they are victims of such discrimination are required to follow different complaint procedures than those used by private complainants.

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