Section 504 of the Rehabilitation Act

Protections and Enforcement

The protections under Section 504 extended to any person who (i) has a physical or mental impairment that substantially limit one or more of such person's major life activities, (ii) has a record of such impairment, or (iii) is regarded as having such impairment. A physical impairment is defined as: any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems. Examples include epilepsy, AIDS and HIV, allergies, arthritis, broken limbs, [Page 807]cancer, cerebral palsy, diabetes, hemophilia, heart disease, Tourette's syndrome, and visual impairment. A mental impairment is defined as any mental or psychological disorder, such as mental retardation, organic brain disorder, emotional or mental illness, and specific learning disability. Examples include attention deficit disorder/attention deficit hyperactivity disorder (ADD/ADHD), conduct disorder, depression, eating disorders, and social maladjustment. Major life activities include caring for oneself, seeing, hearing, speaking, breathing, walking, performing manual tasks, learning, and working. The person also must be qualified for the services or job in spite of his or her disability. For example, to qualify for services in a public school a person must be of public school age.

The Disability Rights Section in the Civil Rights Division of the Department of Justice carries out responsibilities under Section 504, and each federal agency has its own set of Section 504 regulations that apply to its own programs. Agencies that provide federal financial assistance also have 504 regulations covering those entities that receive federal aid. Some common requirements of these regulations include accommodation for employees; program accessibility; effective communication with individuals who have visual or hearing disabilities; and accessible new construction and alterations. Each agency also is responsible for enforcing its own regulations.

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