Rehabilitation Act, Section 504

Provisions of the Rehabilitation Act

Section 504's provisions are similar to those in Titles VI and VII of the Civil Rights Act of 1964, both of which forbid employment discrimination in programs that receive federal financial assistance on the basis of race, color, religion, sex, or national origin. Section 504 covers individuals who have physical or mental impairments that substantially limit one or more major life activities, have a record of such impairments, or are regarded as having such impairments. This definition was amended by the Americans with Disabilities Act Amendments Act of 2008, which made it clear that individuals who suffer from epilepsy, diabetes, cancer, multiple sclerosis, and other ailments are protected even when measures may be taken to mitigate the effects of their conditions. Even so, the amendments specifically offer an exception so that entities can consider the mitigating effects of, for example, ordinary eyeglasses or contact lenses in determining whether visual impairments substantially limit major life activities. Major life activities include everyday tasks such as caring for oneself and performing manual tasks along with actions such as walking, seeing, hearing, speaking, breathing, learning, and working. Specifically, Section 504 states that

Two major U.S. Supreme Court cases, the second of which was set in a postsecondary institution, have made it clear that individuals are otherwise qualified under Section 504's terms if [Page 372]they are capable of meeting all of a program's requirements in spite of their disabilities (School Board of Nassau County v. Arline, 1987; Southeastern Community College v. Davis, 1979). In order to be otherwise qualified, then, individuals with disabilities need to be able, with reasonable accommodations, to take part in programs or activities in spite of their impairments.

...