II. Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973

Two federal laws—the Americans with Disabilities Act of 1990 (ADA) and Section 504 of the Rehabilitation Act of 1973—prohibit discrimination on the basis of a disability. Title II of ADA applies to state and local government entities, while Section 504 applies to recipients of federal financial assistance, including recipients of grants from the U.S. Department of Justice (DOJ).

An individual with a disability is defined by ADA and Section 504 as a person who (1) has a physical or mental impairment that substantially limits one or more major life activities; (2) has a record of such an impairment; or (3) is regarded as having such an impairment.

Both Title II of ADA and Section 504 require—with few exceptions—that first responders provide victims of crime who have a disability with an equal opportunity to benefit from and participate in all programs, services, and activities of the law enforcement agency. In addition, first responders must provide for equally effective communication to victims with a disability. Law enforcement, therefore, is required to make reasonable modifications to policies, practices, and procedures where needed to accommodate crime victims who have a disability, unless doing so would fundamentally alter the service, program, or activity the agency provides.

For more information about your responsibilities under ADA and Section 504, call DOJ’s ADA Information Line at (800) 514–0301 or DOJ’s Office of Justice Programs at (202) 307–0690.