Laws and Regulations
Title V of the Rehabilitation Act 1973 sets forth several important assurances
and protections pertaining to the rights of people with disabilities. This
Act applies to the Federal government as an employer and in the administration
of its conducted programs, federal contractors, and entities receiving
federal funds. The protections include:
Section 501: Employment of Persons with Disabilities
Requires federal agencies to develop and implement annual affirmative
action plans for the hiring, placement, and advancement of "handicapped"
persons and submit to the EEOC. This Section was modified by the Vietnam
Era Readjustment Assistance Act of 1974 to include separate actions for
disabled veterans. Section 501(a), as amended, which establishes an Interagency
Committee on Employment of People with Disabilities. Section 501(b), as
amended, which requires affirmative action in Federal employment of persons
with disabilities.
Section 502: Architectural and Transportation Barriers Compliance Board
(Access Board)
Provides for the removal of barriers to create more accessible infrastructures.
Section 503: Employment Under Federal Contracts
Requires federal contractors who receive a government contract of $10,000
or more include affirmative action efforts for employment of people with
disabilities.
Section 504: Nondiscrimination Under federal grants and programs
Prohibits discrimination of qualified persons with disabilities in federally
funded and conducted programs, not only in employment but in the provision
of services to include education, health services, loans, grants, etc.
Section 505: Remedies and Attorney's Fees
Allows persons filing a complaint of discrimination in federal employment
on the basis of disability the same remedies, procedures and rights as
provided under Title VII of the Civil Rights Act of 1964. These remedies
include:
- administrative awards of back pay and other equitable relief to employees
as well as applicants.
- compensatory damages
- the right to file suit in federal court once the complainant has met
the prerequisites set forth in 29 CPR 1614.
- the award of attorney's fees or costs incurred in the processing of
the complaint or in the prosecution of a successful lawsuit.
Section 506: Responsibilities of the Secretary of Education
Established that the Secretary of Education may provide, directly or
contractually, technical assistance to rehabilitation facilities or to
any public or non-profit organization for the purpose of assisting in
the removal of architectural, transportation, or communication barriers.
The Secretary may provide, directly or contractually, financial assistance
to any public or non-profit organization which would be used for removing
architectural, transportation or communication barriers.
Section 507: Interagency Disability Coordinating Council
Established the Interagency Disability Coordinating Council which is
responsible for coordinating implementation of the Title V of the Rehabilitation
Act and monitor and coordinate all effort of federal agencies concerning
the rights of people with disabilities. This includes the Americans with
Disabilities Act (ADA).
Section 508: Electronic and Information Technology Accessibility
Electronic and information technology that is accessible to people with
disabilities provides greater access opportunities for all. Section 508
was established to prohibit barriers in information technology and present
new opportunities and promises for people with disabilities. For complete
information and resources, please access the Section 508 website.
The ADA prohibits discrimination
in employment in state and local programs and services. This law does not
apply to the Executive Branch of the federal government. However, Section
504 of the Rehabilitation Act establishes similar requirements in federally
conducted programs and activities. In addition, ADA standards for nondiscrimination
in employment apply to federal employment under Section 501 of the Rehabilitation
Act. The regulations and guidance under the ADA are therefore helpful
to federal agencies seeking to comply with Sections 501 and 504 of the
Rehabilitation Act.
The Telecommunications Act of 1996 highlights the most significant opportunity
for the advancement of people with disabilities since the passage of the
Americans with Disabilities Act (ADA) in 1990. These provisions require
manufacturers of telecommunications equipment and providers of telecommunications
services to ensure that such equipment and services are accessible to
persons with disabilities, if readily achievable. Congress recognized
that, although we are moving into the information age with increasing
dependence on telecommunications tools, people with disabilities remain
unable to access many products and services that are vital to full participation
in our society. The purpose of sections 255 and 251(a)(2) of the Act is
to amend this situation by bringing the benefits of the telecommunications
revolution to all Americans, including those who face accessibility barriers
to telecommunications products and services. The rules adopted by this
Act will have an historic effect on the ability of Americans with disabilities
to access and utilize telecommunications technologies and services.
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