The Rehabilitation Act of 1973 is a landmark piece of federal legislation designed to prevent discrimination against individuals with disabilities. Enacted by the United States Congress, this act applies to programs conducted by federal agencies, those receiving federal financial assistance, and employment practices of federal contractors.
Key Sections of the Rehabilitation Act of 1973
Section 501: Employment
Section 501 requires federal agencies to ensure non-discrimination in employment and affirmative action towards hiring, placement, and advancement of individuals with disabilities. It mandates that each department and agency within the federal government establish an affirmative action plan for hiring and promoting qualified individuals with disabilities.
Section 503: Federal Contractors
Section 503 stipulates that federal contractors with contracts exceeding $10,000 must engage in affirmative action and prohibit employment discrimination on the basis of disability.
Section 504: Federally Funded Programs
This section prohibits discrimination based on disability in any program or activity receiving federal financial assistance. It ensures that individuals with disabilities have access to any program or activity that benefits from federal funding including schools, hospitals, and social services.
Section 508: Electronic and Information Technology
Section 508 requires federal agencies to make their electronic and information technology accessible to people with disabilities. This includes ensuring that websites, software applications, and electronic documents are usable by individuals with auditory, cognitive, neurological, physical, speech, and visual disabilities.
Historical Context and Evolution
Background and Enactment
The Rehabilitation Act was signed into law by President Richard Nixon on September 26, 1973. It was the first major legislative effort to secure equity for individuals with disabilities. The act was groundbreaking in that it set the stage for subsequent legislation, most notably the Americans with Disabilities Act (ADA) of 1990.
Amendments and Expansions
The act has been amended several times, most notably in 1978, 1986, 1992, and 1998. These amendments have expanded the scope of the act, clarified protections, and increased its enforceability. The 1998 amendments, for example, strengthened Section 508 to ensure accessibility of information technology.
Applicability and Examples
Employment Practices
Under Section 501, a federal agency cannot refuse to hire an applicant solely based on their disability if they are otherwise qualified for the position. Affirmative action plans bolster opportunities for the disabled in federal employment.
Education and Public Services
An example of Section 504 in action would be a public university implementing appropriate accommodations, such as sign language interpreters or adjustable desks, to ensure students with disabilities can fully participate in educational programs.
Technology Accessibility
Section 508 compliance might involve a federal website ensuring that content is accessible via screen readers, making it navigable for individuals with visual impairments.
Comparisons and Related Terms
Americans with Disabilities Act (ADA)
While the Rehabilitation Act applies mainly to federal entities, the ADA expanded these protections to cover both public and private sectors, including employment, public accommodations, and telecommunications.
Individuals with Disabilities Education Act (IDEA)
IDEA ensures special education and related services are provided to students with disabilities, focusing specifically on educational settings, in contrast to the broader scope of the Rehabilitation Act.
FAQs
Who enforces the Rehabilitation Act of 1973?
Can individuals file a lawsuit under the Rehabilitation Act of 1973?
Conclusion
The Rehabilitation Act of 1973 stands as a crucial legal safeguard against discrimination based on disability in federal contexts. Its implementation across various sectors has enhanced accessibility and fostered an environment of inclusivity. By establishing clear protections and mandates, the act continues to influence policies and practices promoting equal opportunities for individuals with disabilities.
