Rehabilitation Act of 1973: Addressing Disability Discrimination in Federal Employment 

Rehabilitation Act of 1973: Addressing Disability Discrimination in Federal Employment 

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The Rehabilitation Act of 1973 was a milestone for the United States—legislation aimed at combating discrimination against individuals with disabilities, particularly within the federal sector. Enacted as Public Law 93-112, this act prohibits employment discrimination based on disability and sets forth vital provisions in Sections 501 and 505, focusing on the federal workforce. Amendments from subsequent acts, including the Americans with Disabilities Act of 1990 and the ADA Amendments Act of 2008, have enhanced the act\’s effectiveness. The legislation has played a crucial role in fostering equal opportunities and access for individuals with disabilities in the workplace, shaping a more inclusive and equitable society.

Rehabilitation Act of 1973

Introduction

The Rehabilitation Act of 1973, a cornerstone of U.S. legislation, addresses and combats disability discrimination within the federal employment landscape. Enacted as Public Law 93–112, it prohibits bias against individuals with disabilities by federal entities, contractors, and programs receiving federal funds. Sections 501 and 505 form its core, prohibiting and rectifying employment discrimination, with Section 505 outlining remedies. Sponsored by Representative John Brademas, this act significantly shapes workplace inclusivity, serving as a precursor to the broader Americans with Disabilities Act (ADA). By fostering equal opportunities and access, the Rehabilitation Act stands as a pivotal force in creating a more inclusive federal workforce.

 

Rehabilitation Act of 1973: Addressing Disability Discrimination in Federal Employment 
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Sections 501 and 505:

“Editor\’s Note: The following text cites sections 501 and 505 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended, and will be included in volume 29 of the United States Code starting at section 791. Section 501 prohibits discrimination in employment against individuals with disabilities within the federal sector, while Section 505 outlines remedies and attorney\’s fees for Section 501 violations. Relevant definitions for both sections are provided after their respective texts.

The Americans with Disabilities Act of 1990 (Pub. L. 101-336) and the Rehabilitation Act Amendments of 1992 (Pub. L. 102-569) introduced amendments to the definitions applicable to the Rehabilitation Act, including changes made by the Civil Rights Act of 1991 (Pub. L. 102-166). The latter added a new section following section 1977 (42 U.S.C. 1981) to allow for the recovery of compensatory and punitive damages in cases of intentional violations of Title VII, the ADA, and Section 501 of the Rehab Act. The Americans with Disabilities Act Amendments Act of 2008 (Pub. L. 110-325) further modified the definition of \”individual with a disability.\”

Latest, the Lilly Ledbetter Fair Pay Act of 2009 (Pub. L. 111-2) amended Title VII, the Age Discrimination in Employment Act of 1967, the ADA, and the Rehab Act to clarify the timeframe within which victims of discrimination may challenge and compensation for discriminatory compensation decisions or other discriminatory acts affecting compensation.

Amendments from the ADA and Lilly Ledbetter Fair Pay Act are highlighted in boldface type. Cross references to the Rehabilitation Act as originally enacted are in italics following each section heading. Editor\’s notes are also presented in italics.\”

Rehabilitation Act of 1973

Rehabilitation Act of 1973 (Public Law 93-112, 87 Stat.. 355, enacted on September 26, 1973) is a significant federal law in the United States, documented in 29 U.S.C. § 701 et seq. Sponsored primarily by Representative John Brademas (D-IN-3), this legislation replaced the former Vocational Rehabilitation Act, aiming to extend and refine grants to states for vocational rehabilitation services. With a focus on individuals facing severe disabilities, the act expanded federal responsibilities, research, and training programs for people with disabilities. It also assigned specific coordination duties to the Secretary of Health, Education, and Welfare for disability-related programs within the department. Notably, the act led to the establishment of the Rehabilitation Services Administration.

Rehabilitation Act of 1973

Enacted in 1973, the Rehabilitation Act stands as a federal law safeguarding individuals with disabilities from discrimination by federal agencies, contractors, and programs funded by the government. Commonly known as the Rehab Act, its text is accessible here. Serving as a precursor to the broader Americans with Disabilities Act (ADA) passed in 1990, the Rehab Act laid the groundwork. While the ADA extends its coverage to disabilities in public services, accommodations, and employer responsibilities, the Rehab Act, though more specific, upholds similar standards. Both legislations shield individuals with disabilities impeding major life activities, mandating reasonable accommodations for job-related tasks.

What are the key provisions of the Rehabilitation Act of 1973?

The Rehabilitation Act of 1973 is a significant civil rights law that addresses discrimination based on disability. Here are its key provisions:

  1. Sections 501 and 503: These provisions specifically target employment discrimination against individuals with disabilities:
    • Section 501: Prohibits discrimination on the premise of incapacity in federal employment.
    • Section 503: Prohibits discrimination based on disability in employment by certain federal contractors and subcontractors1.
  2. Affirmative Action in Employment: The Rehabilitation Act requires affirmative action in employment by the federal government and government contractors. It aims to promote equal opportunities for individuals with disabilities in the workforce.
  3. Programs Conducted by Federal Agencies: The Act prohibits disability-based discrimination in programs conducted by federal agencies.
  4. Programs Receiving Federal Financial Assistance: Entities receiving federal financial assistance are also covered by the Act, ensuring they do not discriminate against individuals with disabilities.
  5. Private Sector: While the Rehabilitation Act primarily focuses on federal employment and contractors, it also served as a model for the Americans with Disabilities Act (ADA) of 1990. The ADA extends similar protections to qualified individuals with disabilities in the private sector123.

In summary, the Rehabilitation Act of 1973 has played a crucial role in advancing equal opportunity for individuals with disabilities, both within the federal government and beyond.

What is Section 504 of the Rehabilitation Act of 1973?

 

Section 504 of the Rehabilitation Act of 1973 is a significant piece of legislation in the United States. It was established to protect the rights of people with disabilities. Here are the key points about Section 504:

  1. Purpose and Scope:
    • Section 504 prohibits discrimination against individuals with disabilities in programs or activities receiving federal financial assistance.
    • It applies to a wide range of entities, including government agencies, educational institutions, and private organizations that receive federal funding.
  2. Nondiscrimination and Accessibility:
    • No, otherwise qualified individual with a disability shall be excluded from participating in, denied benefits of, or subjected to discrimination under any federally funded program or activity.
    • This includes areas such as employment, access to services, and benefits.
  3. Regulations and Enforcement:
    • Federal agencies are required to promulgate regulations necessary to enforce Section 504.
    • Copies of proposed regulations must be submitted to appropriate congressional committees.
    • Remedies, standards, and procedures are provided for enforcing this section and charging violations.
  4. Definition of “Program or Activity”:
    • The term “program or activity” encompasses various operations:
      • Departments, agencies, and special purpose districts of state or local governments.
      • Colleges, universities, postsecondary institutions, and local educational agencies.
      • Private organizations are engaged in providing education, health care, housing, social services, or parks and recreation.
      • Other entities that receive federal financial assistance.
  5. Accessibility Requirements:
    • Small providers are not required to make significant structural alterations to existing facilities for program accessibility if alternative means of providing services are available.

What is the Section 508 of the Rehabilitation Act of 1973?

Section 508 of the Rehabilitation Act of 1973 is a crucial set of standards that mandates federal agencies to ensure that electronic and information technology (EIT) is accessible to employees and members of the public with disabilities. The goal is to provide comparable access to information for everyone, regardless of their abilities. Here are the key points about Section 508:

  1. Purpose: Enacted in 1998, Section 508 aims to eliminate barriers in information technology, create opportunities for people with disabilities, and encourage the development of accessible technologies12.
  2. Scope: The law applies to all federal agencies when they develop, procure, maintain, or use electronic and information technology12.
  3. Accessibility Requirements: Under Section 508, agencies must give disabled employees and members of the public access to information comparable to what is available to others. This includes ensuring that websites, software, documents, and other digital content are accessible1.
  4. U.S. Access Board: Responsible for developing Information and Communication Technology (ICT) accessibility standards, which are incorporated into federal procurement regulations1.
  5. Recent Updates: In 2017, the Access Board issued a final rule updating accessibility requirements covered by Section 508. These changes harmonized U.S. standards with global guidelines, including the Web Content Accessibility Guidelines (WCAG 2.0)1.
  6. Federal Acquisition Regulation (FAR): The FAR includes provisions related to Section 508, ensuring that federal employees and the public have equal access to information. It specifies requirements for acquisition planning and authorized exceptions1.

What is the Rehabilitation Act of 1973 summary?

The Rehabilitation Act of 1973 is a United States federal law that plays a crucial role in ensuring equal opportunities and rights for individuals with disabilities. Here’s a concise summary:

This landmark legislation has paved the way for greater inclusion, accessibility, and support for people with disabilities across various domains of life.

Conclusion

In conclusion, the Rehabilitation Act of 1973 stands as a pivotal legislative framework addressing disability discrimination within the federal employment sector. Through its formidable Sections 501 and 505, the act prohibits and remedies employment discrimination against individuals with disabilities. Championed by Representative John Brademas, it replaced prior laws, emphasizing vocational rehabilitation services for those facing severe disabilities. This landmark legislation, a precursor to the Americans with Disabilities Act, has fostered inclusivity, equal opportunities, and access for disabled individuals in the federal workforce. By establishing the Rehabilitation Services Administration, it laid the foundation for a more equitable and accessible employment landscape.

Frequently Asked Questions (FAQ) – Rehabilitation Act of 1973: Addressing Disability Discrimination in Federal Employment

 

1. What is the Rehabilitation Act of 1973?

The Rehabilitation Act of 1973 is a federal law aimed at preventing discrimination against individuals with disabilities in the federal sector. It encompasses Sections 501 and 505, prohibiting and addressing employment discrimination and providing remedies.

2. Who sponsored the Rehabilitation Act of 1973?

Representative John Brademas (D-IN-3) was the principal sponsor of the Rehabilitation Act of 1973.

3. How does the act impact federal employment?

It prohibits discrimination based on disability in federal agencies, federal contractors, and programs receiving federal funds, ensuring equal opportunities for individuals with disabilities.

4. What are Sections 501 and 505 of the Rehabilitation Act?

Section 501 prohibits employment discrimination, while Section 505 outlines remedies and attorney\’s fees for violations under Section 501.

5. How does it relate to other legislation?

The Rehabilitation Act served as a precursor to the Americans with Disabilities Act (ADA), laying the groundwork for broader anti-discrimination measures.

6. What changes did subsequent amendments bring?

Amendments, such as those from the ADA, ADA Amendments Act of 2008, and others, have enhanced and clarified definitions and expanded protections.

7. How does the Rehabilitation Act compare to the ADA?

While the ADA is broader in scope, covering public services and accommodations, both acts share similar standards and protect individuals with disabilities.

8. What is the role of the Rehabilitation Services Administration?

Created by the act, this administration plays a key role in coordinating and overseeing programs related to vocational rehabilitation services.

9. How does the act contribute to workplace inclusivity?

By prohibiting discrimination and requiring reasonable accommodations, the act promotes an inclusive federal workforce for individuals with disabilities.

10. Where can I find the full text of the Rehabilitation Act of 1973?

The complete text of the Rehabilitation Act of 1973 can be found in the United States Code, Title 29, Section 701 et seq.

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