The Rehabilitation Act of 1973

The Rehabilitation Act of 1973 is a federal law that prohibits discrimination on the basis of disability in programs conducted by federal agencies, programs receiving federal financial assistance, federal employment, and federal contractors. It was the first major piece of legislation in the U.S. aimed at protecting the civil rights of individuals with disabilities.

Key Sections of the Rehabilitation Act:

  1. Section 501 – Requires federal agencies to practice affirmative action and provide equal employment opportunities for individuals with disabilities.
  2. Section 502 – Created the Architectural and Transportation Barriers Compliance Board (now the Access Board) to ensure accessibility in federally funded buildings and transit systems.
  3. Section 503 – Requires federal contractors and subcontractors (with contracts over $10,000) to take affirmative action to employ and advance qualified individuals with disabilities. Note: While Section 503 remains legally in effect, the January 21, 2025, executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,”directed the Office of Federal Contract Compliance Programs (OFCCP) to cease holding federal contractors and subcontractors responsible for taking affirmative action. 
  4. Section 504 – Prohibits discrimination against individuals with disabilities in any program or activity receiving federal financial assistance (e.g., schools, health care, social services).
  5. Section 508 – Requires federal electronic and information technology (such as websites and software) to be accessible to people with disabilities. Disability Rights Laws-www.ada.gov

What is the difference between the Rehabilitation Act and the Americans with Disabilities Act?

The Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973 are both key pieces of legislation protecting the rights of people with disabilities, but they have different scopes, coverage, and enforcement mechanisms.

The Rehabilitation Act of 1973 applies only to federal agencies, programs receiving federal funds, federal contractors, and federal employment. The Americans with Disabilities Act (ADA): Applies to private businesses, state and local governments, non-profits, public accommodations, commercial facilities, and telecommunications—even if they don’t receive federal funding.

Here’s a breakdown of the main differences:

Feature

Rehabilitation Act (1973)

Americans with Disabilities Act (1990)

Who Must Comply?

Federal agencies, programs reciving federal funds, federal contrators, and federally assisted programs.

Private employers (15+ employees), state/local governments, public accommodations, transportation, and telecommunications

Employment Discrimination

Section 501 (federal employees) & Section 503 (federal contractors)

ADA Title I employment provisions apply to private employers with 15 or more employees, state and local governments, employment agencies and labor unions.

Program & Service Accessibility

Section 504 (only for programs receiving federal financial assistance)

Title II (all state & local governments)

Public Accommodations

Not covered.

Title III (businesses, hotels, restaurants, stores, etc.)

Technology Accessibility

Section 508 (federal IT and websites must be accessible)

Enforcement Agency

Department of Justice (DOJ), Department of Education (OCR), EEOC, Department of Labor (OFCCP)

EEOC (employment), DOJ (public accommodations/government), FCC (telecommunications)

Section 504 of the Rehabilitation Act

Section 504 of the Rehabilitation Act prohibits discrimination against individuals with disabilities in programs and activities that receive federal financial assistance. It ensures equal access to benefits, services, and opportunities.

Section 504 applies to a wide range of programs and activities, including education, employment, healthcare, and transportation. It also applies to the programs and services of federal agencies themselves (for example, the Veterans Administration or the Social Security Administration).

Regulations and Enforcement

Each federal agency has its own Section 504 regulations that govern how Section 504 is implemented in programs and services under that agency’s oversight. For example:

  • The Department of Health and Human Services (HHS) enforces Section 504 in hospitals and other healthcare providers that receive federal funds.
  • The Department of Education develops and enforces Section 504 regulations for public and private education providers receiving federal financial assistance.

Note: Proposed changes to the structure of the Department of Education do not change the legal status of Section 504 as it applies to education.

Each agency is responsible for enforcing complaints related to the services it oversees. In most cases, agencies seek voluntary compliance through corrective actions, policy changes, or staff training. However, agencies may also:

  • Suspend or terminate federal funding;
  • Refer the case to the Department of Justice (DOJ) for legal action;
  • Enforce compliance through administrative proceedings or court orders.

Private Right of Action

Individuals may also file lawsuits in federal court for violations of Section 504 without first pursuing an administrative complaint.

Available remedies include:

  • Injunctive relief (e.g., making a building accessible)
  • Compensatory damages (e.g., for emotional distress or lost opportunities)

Note: Punitive damages are not available under Section 504. The law is intended to ensure equal access, not to impose penalties.