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Understanding the requirements imposed by the federal and state
mandates should be part of the normal course of business, incorporating the
appropriate provisions within your normal business practices. This review is
intended to provide a basic understanding of the primary laws covering the
employment of persons with disabilities. It is not all encompassing.
SECTIONS 501, 503, AND 504 OF THE REHABILITATION ACT OF 1973, AS
AMENDED
The Rehabilitation Act of 1973 contained the first federal
requirements for removing discriminatory barriers to employment for people with
disabilities. This Act has served as a basis for the ADA and for
nondiscrimination laws at state and local levels.
- Section 501 of the Act requires each federal agency to take
affirmative action in the hiring and advancement of qualified people with
disabilities. It is enforced under regulations of the Equal Employment
Opportunity Commission.
- Section 503 of the Act requires employers with federal
contracts or subcontracts of more than $10,000 to take affirmative action for
the employment of people with disabilities. It is enforced under regulations
issued by the Office of Federal Contract Compliance Programs (OFCCP) of the
U.S. Department of Labor.
- Section 504 of the Act prohibits discrimination against people
with disabilities by employers and organizations receiving federal financial
assistance (e.g., state and local governments, schools, hospitals, etc.). It is
enforced under regulations issued by each federal agency that provides
financial assistance, under coordination of the U.S.Department of Justice.
THE ARCHITECTURAL BARRIERS ACT OF 1968
This law requires buildings and facilities designed, built, or
altered with certain federal funds or leased for occupancy by federal agencies
to be accessible to persons with disabilities. As a result, Uniform Federal
Accessibility Standards have been developed which present uniform standards for
the design, construction, and alteration of buildings. Even though these
standards apply to federally supported facilities, states have either adopted
them or developed their own, and have included them in their respective Fair
Employment Practice statutes and/or building codes. When a change to the
physical layout of a facility is indicated or new construction is warranted, do
not overlook the accessibility requirements under federal or state
statutes.
As part of the ADA, Congress directed the Access Board to create
accessibility guidelines for building modification and construction. These ADA
Accessibility Guidelines (ADAAG), upon approval, are then folded into the
Department of Justice regulations enforcing the ADA and have become the
standards for such items as accessible paths of travel, parking space
allotments, ramping, counter heights, rest room fixtures, and signage.
REHABILITATION ACT AMENDMENTS OF 1992
This law changed eligibility requirements and procedures for
determining eligibility, strengthened requirements for interagency cooperation,
strengthened consumer involvement requirements, and provided that ADA Title I
Standards shall be applied to determine whether there has been non-affirmative
action discrimination under the Rehabilitation Act.
FAMILY AND MEDICAL LEAVE ACT OF 1993
This law allows workers to take up to 12 weeks of unpaid leave a
year to care for newborn children and family members with serious health
conditions or to recover from serious health conditions.
TELECOMMUNICATIONS ACT OF 1996
This law requires telecommunications manufacturers and service
providers to ensure that equipment is designed, developed, and fabricated to be
accessible to and usable by individuals with disabilities, if readily
achievable.
HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996
This law improved access to health care for some Americans by
guaranteeing that private health insurance is available, portable, and
renewable, and has limited pre-existing condition exclusions.
WORKFORCE INVESTMENT ACT OF 1998
This law required consolidation of several federal education,
training, and employment programs; reauthorized Rehabilitation Act programs
through Fiscal Year 2003 and linked those programs to state and local workforce
development systems; and expanded Section 508 to ensure that all federal
departments and agencies procure, use, and maintain accessible electronic and
information technology.
ASSISTIVE TECHNOLOGY ACT OF 1998
This law authorized state grant programs and protection and
advocacy systems to address the assistive technology needs of people with
disabilities, and authorized the development of alternative financing
mechanisms to assist people with disabilities in purchasing assistive
technology.
TICKET TO WORK AND WORK INCENTIVES IMPROVEMENT ACT OF 1999
This law allows for Medicaid and/or Medicare benefits to be
extended for people with disabilities who go to work; and provides for a
"ticket to work and self-sufficiency" which allows Social Security
beneficiaries with disabilities choice and expanded options in pursuing
employment and employment supports.
STATE AND LOCAL FAIR EMPLOYMENT STATUTES
Most states and many localities have statutes making
discrimination against a person because of a disability illegal, whether it be
in employment or in public and private services. Some states have statutes
specifically addressing discrimination against people who have physical or
mental disabilities, while other states include discrimination against people
with disabilities in a broader Human Rights Act which includes protection for
other groups based on race, color, religion, sex, national origin, age, marital
status, etc. The common purpose of all state statutes is stating, as a public
policy, that people with disabilities should be given the same opportunity and
be treated under the same conditions and privileges as people who are not
disabled. Some states are revising their laws to be consistent with provisions
of the Americans with Disabilities Act. However, many states will continue to
have different provisions. For example, they may cover employers with fewer
employees, or provide different remedies.
The ADA does not preempt state and local laws that prohibit
discrimination against people with disabilities. Where the ADA provides greater
protection for such persons, its provisions will apply, but where a state or
local law provides greater protection, the provisions of that law will apply.
Therefore, it is important to be familiar with state and local
nondiscrimination laws that apply to your business as well as to know the
requirements of the ADA. For more information, contact the Governor's Committee
on employment of people with disabilities for your state or the Human Rights
Commission of your state.
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