Last updated: November 2002

(Chapter 6 Section 3 from Guidebook of Laws and Programs for People with Disabilities)

 

Section 504 of the Rehabilitation Act of 1973

What Is It? This federal law is usually just called "Section 504". It prevents job discrimination based on your disability in any program or activity receiving federal funds. No otherwise qualified person with a disability, solely by reason of disability, can be: (1) discriminated against in these programs or activities; (2) excluded from participating in them; or (3) denied their benefits.

What Is Its Purpose? To make sure that public agencies and other federally-funded employers treat employees and applicants with disabilities equally compared to employees and applicants without disabilities. To make sure they do not deny jobs to persons with disabilities because of prejudice or ignorance.

Who Can Be Helped by This Law? Only those who have a disability and who can perform the essential functions of a job, including those who need a reasonable accommodation to perform those functions.

I. Your Legal Rights

What Employers and Employees are Covered by 504 of the Rehabilitation Act?

Section 504 Applies to Employers Receiving Federal Funds

Section 504 prohibits job discrimination against a "qualified individual with a disability" by either:

• state or local government agencies; or
• Private employers who are "recipients" of "federal financial assistance."

For the definition and examples of the above terms, see the section of this Guidebook titled "Are You an ‘Otherwise Qualified Individual With a Disability' Under § 504 of the Rehabilitation Act" in Chapter 1, General Considerations.

Relationship of 504 to ADA/Title I
In Section 1 of this Chapter, we explain how Title I of the ADA prohibits job discrimination on the basis of disability by employers of 15 or more employees. Title I of the ADA applies to all such employers, (except the federal government), whether or not they receive federal funds.

In this section, we explain how 504 of the Rehabilitation Act also prohibits job discrimination on the basis of disability. But, unlike the ADA, 504 applies only to employers that receive federal funding. Section 504 does not apply to employers who do not receive federal funds.

There is a major difference between the two laws in terms of the scope of employer coverage. The ADA generally defines "employer" as covering only those businesses that employ 15 or more workers. This 15-employee restriction in the ADA does not apply in 504 cases.

Note: If your employer receives federal funds and employs 15 or more workers, the employer may violate both the ADA and 504 if it discriminates against you.

The two laws are very similar in what they do to prohibit discrimination. The standards under both laws are mostly the same.

Section 504 Does Not Apply to Federal Employment
If your employer is an agency of federal government, then 504 does not apply. If you are an employee of an agency of federal government, and you believe you have been a victim of job discrimination on the basis of your disability, you have to make your claims under a different section of the Rehabilitation Act (501). See the section in this Chapter titled "Job Discrimination by Federal Agencies."

What Is Needed to Prove a Case of Discrimination Under 504?
To make a case of discrimination under 504, you have to prove the following:

• You have a disability;
• You are "otherwise qualified" to work in the program or activity;
• You are being subject to job discrimination solely because of your disability; and
• The program or activity in which you are working or want to work receives federal funding.

Also, you must show that the federally-assisted employer or public agency knew or should have known of your disability.

Note: An employer is not a recipient of federal assistance just because it receives tax breaks or is issued a license from the federal government. If the U.S. buys supplies or services from an employer under a contract, that, too, is not considered federal financial assistance under 504.

Who Has a Disability Under 504?
In order to prove job discrimination under 504, you have to prove you are a person with a disability. Under 504, whether a person has a disability is decided in exactly the same way it is decided under the ADA. See the section of this Guidebook titled "Who Has A Disability Under the ADA?" in Chapter 1, General Considerations. If a person is not disabled under the ADA, the person is not disabled under 504.

Are You "Otherwise Qualified" Under 504?
It is not enough just to have a disability. You also have to be "otherwise qualified," by having the necessary job qualifications. You must be able to perform the essential functions of the job. You are qualified even if you need a reasonable accommodation to perform those functions. See the section of this Guidebook titled "Are You An ‘Otherwise Qualified Individual With a Disability' Under 504 of the Rehabilitation Act?" in Chapter 1, General Considerations.

Discrimination Solely on the Basis of Disability
If you are an "otherwise qualified individual with a disability," then 504 prohibits discrimination by a federally-assisted employer, but only if the discrimination was due "solely" to your disability. This means that you must show:

• The action was taken against you because of your disability; and
• The disability was the only cause of the action, and there was no other reason.

Example: A federally funded hospital terminated the staffing privileges of a surgeon who had narcolepsy because he would fall asleep at inappropriate times, but also because he was abusive towards staff. Here, the disability was not the only reason for the employer's action. In that case, there was no discrimination under 504.

Note: To prove a violation of the ADA, you have to show that your disability was at least one of the reasons for the discrimination. In contrast, 504 requires a showing that your disability was the only reason for the employer's action.

Reasonable Accommodations and Job Discrimination Under 504

What is Meant by "Job Discrimination" Under 504?
Discrimination in employment is proven under 504 in the same way it is proven under the ADA. Likewise, 504 uses the same ADA standards to determine whether the employer made a reasonable accommodation for your impairment. See the section in this Chapter titled "Reasonable Accommodations and Freedom from Discrimination."

Integrated Setting Requirement
Recipients of federal assistance must run their programs and activities in the most "integrated setting" appropriate to your needs. This means making sure that you have the chance to work in areas that are not separate or different. (This does not prohibit the creation of special programs under federal law that are just for persons with disabilities, or certain disabilities.)

Communications with Applicants and Employees
Recipients of federal funds violate 504 if they do not make sure that people can communicate with their applicants and employees who have impaired vision or hearing. This means the employer must furnish appropriate "auxiliary aids" where necessary to give you an equal chance to participate in the job or enjoy the benefits of the job.
Example: An employer may need to provide a TDD for an employee who is deaf, if communications are a necessary part of the job.

The agency does not have to provide individually prescribed devices or those of a personal nature.

It is a violation of 504 for an employer to harass an employee with a disability for complaining about perceived violations of the Rehabilitation Act or 504.

A Federally-Assisted Employer Is Not Required to Do Certain Things
An employer that receives federal funding is not required to do any of the following:

• Provide all persons with disabilities the same benefits;
• Provide preferential treatment or affirmative action for persons with disabilities;
• Invent new programs designed for persons with disabilities or to expand existing programs for persons with disabilities; or
• Make substantial changes to existing programs that would alter the nature of the program.

II. How To Know If Your Rights Have Been Violated

Your rights have been violated if you are an otherwise qualified individual with a disability; your employer has a program or activity which receives federal financial assistance, and has no recognized defense, and due solely to your disability:

• Your employer discriminates against you with regard to any term, condition, or privilege of employment, provided that you are adequately performing the essential functions of the job (or could do so with a reasonable accommodation).

• Your employer fails to make a "reasonable accommodation" to your known physical or mental limitations, and it would not be an undue hardship on your employer to provide the accommodation.

• Your employer retaliates against you, or intimidates, threatens, or harasses you because you have participated in an investigation or charge against the employer about any Rehabilitation Act violation, or because you tried to enjoy your rights protected by the Rehabilitation Act.

• Your employer engages in disability-based harassment, or creates a hostile working environment, where the workplace is filled with intimidation, ridicule and insult that is bad enough to alter the conditions of employment.

• The employer requires or administers a medical examination before a job offer. The employer limits you on the job, classifies you or segregates you.

• Your employer participates in a contractual arrangement with another company (e.g., one that administers a health insurance plan for the employer's employees), that has the effect of subjecting you to discrimination.

• The employer uses qualification standards, employment tests, interview questions, or other selection criteria that screens you out or tends to screen you out, unless such standards, tests, or criteria are job-related or necessary for the operation of the business.

III. How to Protect or Enforce Your Rights

If your employer receives federal financial assistance, and has violated your rights under 504: you must be careful to take the proper steps to preserve and enforce your rights. See the section of this Guidebook titled " How to Protect or Enforce Your Rights Under 504 of the Rehabilitation Act" in Chapter 1, General Considerations.

Note: If you were discriminated against on the job in violation of 504, you probably also were discriminated against under Title I of the ADA, if your employer employs more than 15 persons. See the section in this Chapter titled "Reasonable Accommodations and Freedom from Discrimination."

IV. Where To Go For More Information

Statutes and Regulations
Section 504 of the Rehabilitation Act can be found at 29 USC § 794.

The general regulations for 504 regarding employment can be found at 29 CFR Part 1614, and at 28 CFR Part 41.

Each agency that provides federal funding to employers has its own set of regulations. Those regulations concern complaints for violations of 504. Those agencies, and their regulations can be found in the section of this Guidebook titled "How to Protect or Enforce Your Rights Under 504 of the Rehabilitation Act" in Chapter 1, General Considerations.

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Helpful Organizations
The following organizations may be able to help you with mortgage foreclosure

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Prairie State Legal Services, Inc. - Woodstock Office 400 Russel Court Suite 6 Woodstock, IL 60098 | View map Phone: 815-206-5828 TTY: 847-662-4441 Toll-free: 800-942-3940 Languages: English View Website

Prairie State Legal Services, Inc. provides free legal services in civil legal matters for persons who have incomes below 125% of the federal poverty guidelines, senior citizens age 60 and older, disabled persons, and those with HIV/AIDS.  Walk-in hours open to the public every Tuesday between 9 - 11 am. Attorneys are available to give civil legal advice over the phone by calling (800) 531-7057, Monday - Friday, between 9:05 am - 11:45 am and 1:05 pm - 4:00 pm. Eligibility Whether you are eligible for help from Prairie State Legal Services depends on the following factors: You meet our income and asset guidelines, or are age 60 or older. We have no ethical conflict of interest regarding your legal issue. You live within the service area of Prairie State, or have a civil legal problem in one of the counties in our service area. You meet the citizenship or immigration requirements established by Congress. It should be noted that immigrants who are fleeing domestic violence or trafficking are eligible for legal help regardless of immigration status in matters to address the abuse. Government regulations do not prohibit Prairie State Legal Services from handling your type of legal problem. You have one or more legal problems that can be addressed by PSLS attorneys and that fall within our established priorities. Types of Legal Help Due to high demand for our services, our staff is able to provide representation in certain areas of civil law designated as a priority. The following kinds of problems are illustrative of the cases that we may be able to help with (not an exclusive list): High Priority Cases Family Law: Protection from abuse or exploitation of domestic violence victims, elderly, children and persons w/disabilities; divorce and related relief for domestic violence victims. Housing Law: Evictions and lock-outs; foreclosure defense; loss or denial of subsidized housing benefits; loss or denial of essential public utilities; substandard housing conditions cases that cannot be addressed by other agencies. Health Care: Loss or denial of medical or nursing home care; loss or denial of medical benefits (Medicaid, Medicare). Needs-based government assistance: Loss or denial of SSI, GA, TANF, VA, food stamps. Other income benefits where alternative representation is unavailable: Loss or denial of unemployment insurance, Social Security Title II benefits. Other Cases We May Handle Family Law: Child support, custody, guardianship, visitation, parental rights, divorces for non-domestic violence victims. Housing: Rent issues; security deposits; unit size; discrimination. Education: admission, expulsion, special education & related services. Health care and people with disabilities: powers of attorney and other health care documents; discrimination and reasonable accommodations. Income or benefits: overpayments of government assistance; health insurance matters; employment issues. Consumer Law: Bankruptcy or other debt relief; consumer fraud; protection of exempt income and assets; unfair debt collection practices; repossession; contract defenses.   View current federal poverty levels

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