Section 504 is a law designed to prevent discrimination against people with disabilities. It prohibits organisations and government entities that receive government funding from treating individuals with disabilities unfairly. To be protected under Section 504, a person must be able to perform the essential functions of a job or use a service, despite their disability. Additionally, their disability must significantly impact important activities such as walking or seeing. Employers and organisations are required to make reasonable accommodations to assist individuals with disabilities in performing their job or accessing their services. The extent of what is considered reasonable may vary depending on the circumstances, with smaller businesses and organisations having fewer resources to make accommodations compared to larger ones.
Section 504 of the Rehabilitation Act of 1973 safeguards the rights of individuals with disabilities in the United States. It prohibits discrimination based on disability in areas such as employment, access to services, and benefits for organisations and governments that receive federal funding. To be protected under Section 504, a person must meet all other qualifications for a job or service and have a disability that significantly impacts a major life activity, such as walking or seeing. Employers and service providers are required to make reasonable accommodations to enable individuals with disabilities to work or receive services. For instance, if a visually impaired individual applies for a job, the employer may need to provide assistive technology like a screen reader. Similarly, if a student with a physical disability needs access to a classroom on the second floor of a building, the school may need to install an elevator or offer alternative accommodations. The definition of reasonable accommodations may vary depending on the circumstances, with smaller businesses having potentially less capacity to accommodate compared to larger organisations. Nonetheless, there are generally accepted standards for what is considered reasonable by the courts.
Section 504 is a federal law that prohibits discrimination against individuals with disabilities in programs and activities receiving federal financial assistance.
Section 504 protects individuals with disabilities, which includes physical or mental impairments that substantially limit one or more major life activities.
Section 504 applies to any program or activity that receives federal financial assistance, including schools, colleges, universities, hospitals, and government agencies.
To be considered “qualified” under Section 504, an individual must meet the essential eligibility requirements for the program or activity, with or without reasonable accommodations.
Reasonable accommodations are modifications or adjustments that allow individuals with disabilities to have equal access to programs and activities. These accommodations can include physical modifications, auxiliary aids, or changes in policies or procedures.
To request a reasonable accommodation, you should contact the entity responsible for the program or activity and inform them of your disability and the specific accommodation you need. They are required to engage in an interactive process to determine appropriate accommodations.
An entity can deny a reasonable accommodation request if it would fundamentally alter the nature of the program or activity, impose an undue financial or administrative burden, or pose a direct threat to the health or safety of others.
If you believe you have been discriminated against under Section 504, you should file a complaint with the entity’s designated Section 504 coordinator or with the Office for Civil Rights (OCR) within the U.S. Department of Education.
Entities found to be in violation of Section 504 may face various consequences, including loss of federal funding, legal penalties, and the requirement to take corrective actions to address the discrimination.
While both Section 504 and the ADA prohibit disability discrimination, Section 504 applies specifically to entities receiving federal financial assistance, while the ADA applies more broadly to both public and private entities. Additionally, the ADA provides additional protections in employment and public accommodations that are not covered under Section 504.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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