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Individuals with disabilities are protected from discrimination in
employment primarily by two federal laws.
The Americans with Disabilities Act (P.L. 101-336), enacted into
law on July 26, 1990, prohibits private sector employers who employ 15 or more
individuals and all State and local government employers from discriminating
against qualified individuals with disabilities in all aspects of employment.
The Rehabilitation Act of 1973 (P.L. 93-112), as amended,
prohibits discrimination in employment in three areas.
Section 501 of the Rehabilitation Act prohibits federal executive
branch agencies, including the U.S. Postal Service and the Postal Rate
Commission, from discriminating against qualified individuals with
disabilities. It requires executive branch agencies to take affirmative action
in the hiring, placing and advancing of individuals with disabilities.
Section 503 of the Rehabilitation Act requires contractors who
have a contract with the federal government for $10,000 or more, and their
subcontractors who have subcontracts satisfying the same criteria, to take
affirmative action to employ and to advance in employment qualified individuals
with disabilities.
Section 504 prohibits recipients of federal financial assistance
from discriminating against qualified individuals with disabilities in
employment and in their programs and activities.
Section 188 of the Workforce Investment Act of 1998 (WIA) forbids
disability-based discrimination, in employment or in provision of services, by
any organization or other entity that receives Federal financial assistance
under WIA, and by any program or activity that is provided as part of the
nation's One-Stop job training system by a One-Stop partner.
Veterans with disabilities are protected further by 38 U.S. Code
4212 of the Vietnam Veterans Readjustment Assistance Act of 1974 (VEVRAA).
VEVRAA requires that contractors or subcontractors who have a contract with the
federal government for $25,000 or more take affirmative action to employ,
advance in employment, and otherwise treat covered veterans without
discrimination.
Individuals with disabilities also may be protected by their state
anti-discrimination laws, some of which are more stringent than the federal
laws. To learn more about rights under state laws, contact the State Human
Rights Commission or its equivalent, or contact the State Governor's Committee
on People with Disabilities.
Applicants or
Employees with Disabilities in the Private Sector
If a private sector employer employs 15 or more people, an
individual with a disability who is employed by or applies for employment with
that employer is protected by Title I of the Americans with Disabilities Act
(ADA), enforced primarily by the U.S. Equal Employment Opportunity Commission
(EEOC).
To file a complaint under ADA Title I, contact the nearest
EEOC office or call (800) 669-4000 (VOICE) or (800) 800-3302 (TTY/TTY).
If EEOC dismisses the complaint or fails to take action
within 180 days, EEOC will issue the individual a right to sue letter, upon the
person's request. The individual must sue within 90 days of the date of the
notice.
If a private sector employer has a contract with the federal
government for $10,000 or more, or a subcontract for that amount with a Federal
contractor, an individual with a disability who is employed by or applies for
employment with that employer is protected by Section 503 of the Rehabilitation
Act of 1973, as amended, enforced by the U.S. Department of Labor, Office of
Federal Contract Compliance Programs (OFCCP).
To file a complaint under Section 503, send it to OFCCP at
the nearest U.S. Department of Labor district or regional office. Complaints
can also be sent to OFCCP, U.S. Department of Labor, Frances Perkins Building,
200 Constitution Avenue, NW, Washington, DC, 20210.
If a private sector employer is a recipient of federal financial
assistance, an individual with a disability who is employed by or applies for
employment with that employer is protected by Section 504 of the Rehabilitation
Act of 1973, as amended, enforced by the federal agency that provided the
federal financial assistance.
To file a complaint under Section 504 with the Federal
government, send it to the Office of Civil Rights at the agency that provided
the funds, or to the U.S. Department of Justice, Civil Rights Division,
Coordination and Review Section, P.O. Box 66118, Washington, DC, 20035-6118.
Individuals do not have to exhaust administrative procedures
under Section 504 of the Rehabilitation Act. They may file suit in federal
district court against a private employer receiving federal financial
assistance, without filing a complaint with the administrative agency.
If a private sector employer receives Federal financial assistance
under WIA, or is a One-Stop partner that provides programs or activities as
part of the One-Stop system, an individual with a disability who is employed by
or applies for employment with that employer is protected by WIA Section 188,
enforced by the U.S. Department of Labor, Civil Rights Center (CRC).
To file a complaint with CRC, send it to Director, Civil Rights
Center, Frances Perkins Building, Room N-4123, 200 Constitution Ave., N.W.,
Washington, D.C., 20210. The employer is also required to establish a process
for dealing with discrimination complaints itself. If, after filing with the
employer, an individual is not satisfied with the outcome of the case, he or
she may file with CRC within 30 days of receiving a Notice of Final Action from
the recipient.
Applicants or
Employees with Disabilities in State or Local Government Agencies
If a state or local government employer employs 15 or more people,
an individual with a disability who is employed by or applies for employment
with that employer is protected by Title I of the ADA, enforced by the EEOC. A
state or local government, regardless of the number of employees it has, is
also covered by Title II of the ADA, which is enforced by the U.S. Department
of Justice.
To file a complaint under ADA Title I, contact the nearest
EEOC office or call (800) 669-4000 (VOICE) or (800) 800-3302 (TTY/TTY).
To file a complaint under ADA Title II, send it to the U.S.
Department of Justice, Civil Rights Division, Coordination and Review Section,
P.O. Box 66118, Washington, DC, 20035-6118.
If a state or local government employer receives federal financial
assistance, an individual with a disability who is employed by or applies for
employment with that employer is protected by Section 504 of the Rehabilitation
Act of 1973, as amended, enforced by the federal agency that provided the
federal financial assistance. The enforcement of Section 504 is coordinated by
the U.S. Department of Justice.
To file a complaint under Section 504 with the Federal
government, send it to the agency that provided the funds, or to the U.S.
Department of Justice, Civil Rights Division, Coordination and Review Section,
P.O. Box 66118, Washington, DC, 20035-6118.
Individuals do not have to exhaust administrative procedures
under Section 504 of the Rehabilitation Act. They may file suit against a
public entity in federal district court, without filing a complaint with an
administrative agency.
If a state or local government employer receives Federal financial
assistance under WIA, or is a One-Stop partner that provides programs or
activities as part of the One-Stop system, an individual with a disability who
is employed by or applies for employment with that employer is protected by WIA
Section 188, enforced by the U.S. Department of Labor, Civil Rights Center
(CRC).
To file a complaint with CRC, send it to Director, Civil Rights
Center, Frances Perkins Building, Room N-4123, 200 Constitution Ave., N.W.,
Washington, D.C., 20210. The employer is also required to establish a process
for dealing with discrimination complaints itself. If, after filing with the
employer, an individual is not satisfied with the outcome of the case, he or
she may file with CRC within 30 days of receiving a Notice of Final Action from
the recipient.
Applicants or
Employees with Disabilities in the Federal Government
If an employer is an executive branch of the federal government,
an individual with a disability who is employed by or applies for employment
with that employer is protected by Section 501 of the Rehabilitation Act of
1973, as amended.
To file a complaint, the individual must first contact an equal
employment opportunity counselor at the agency where the alleged discrimination
took place.
There is a private right of action under Section 501. An
individual can file a private lawsuit in a U.S. district court within 90 days
of receipt of a final decision taken by the agency on the complaint; or 180
days after the date of filing a complaint if there has been no agency decision;
or 90 days after receipt of a decision by EEOC on an appeal; or 180 days after
the date of filing an appeal with EEOC if there has been no decision on the
appeal.
Applicants or
Employees Who are Veterans
If a private sector employer has a contract or subcontract with
the federal government for at least $25,000 annually, Vietnam era veterans,
special disabled veterans, recently separated veterans and veterans who served
on active duty during a waar or in a campaign or expedition for which a
campaign badge has been authorized are covered by the Vietnam Era Veterans'
Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4212.
The nondiscrimination and affirmative action provisions of VEVRAA
are enforced by the U.S. Department of Labor Office of Federal Contract
Compliance Programs (OFCCP).
To file a complaint, contact the Veteran's Employment and
Training Service of the Department of Labor through the local veteran's
employment representative or designee at the local state employment office.
A complaint also can be sent to OFCCP at the nearest U.S.
Department of Labor district or regional office, or to OFCCP, U.S. Department
of Labor, Frances Perkins Building, 200 Constitution Avenue, NW, Washington,
DC, 20210.
October 1996 Updated April 2002 |