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What Is Section 504?
Section 504 of the Rehabilitation Act of 1973 is a national law that
protects qualified individuals from discrimination based on their
disability. The nondiscrimination requirements of the law apply to
employers and organizations that receive financial assistance from any
Federal department or agency, including the U.S. Department of Health and
Human Services (DHHS). These organizations and employers include many
hospitals, nursing homes, mental health centers and human service programs.
Section 504 forbids organizations and employers from excluding or denying
individuals with disabilities an equal opportunity to receive program
benefits and services. It defines the rights of individuals with
disabilities to participate in, and have access to, program benefits and
services.
Who Is Protected from Discrimination?
Section 504 protects qualified individuals with disabilities. Under this
law, individuals with disabilities are defined as persons with a physical or
mental impairment which substantially limits one or more major life
activities. People who have a history of, or who are regarded as having a
physical or mental impairment that substantially limits one or more major
life activities, are also covered. Major life activities include caring for
one's self, walking, seeing, hearing, speaking, breathing, working,
performing manual tasks, and learning. Some examples of impairments which
may substantially limit major life activities, even with the help of
medication or aids/devices, are: AIDS, alcoholism, blindness or visual
impairment, cancer, deafness or hearing impairment, diabetes, drug
addiction, heart disease, and mental illness.
In addition to meeting the above definition, for purposes of receiving
services, education or training, qualified individuals with disabilities are
persons who meet normal and essential eligibility requirements.
For purposes of employment, qualified individuals with disabilities are
persons who, with reasonable accommodation, can perform the essential
functions of the job for which they have applied or have been hired to
perform. (Complaints alleging employment discrimination on the basis of
disability against a single individual will be referred to the U. S. Equal
Employment Opportunity Commission for processing.) Reasonable accommodation
means an employer is required to take reasonable steps to accommodate your
disability unless it would cause the employer undue hardship.
Prohibited Discriminatory Acts in Health Care and Human Services Settings
Section 504 prohibitions against discrimination apply to service
availability, accessibility, delivery, employment, and the administrative
activities and responsibilities of organizations receiving Federal financial
assistance. A recipient of Federal financial assistance may not, on the
basis of disability:
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Deny qualified individuals the opportunity to participate in or benefit from
federally funded programs, services, or other benefits.
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Deny access to programs, services, benefits or opportunities to participate
as a result of physical barriers.
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Deny employment opportunities, including hiring, promotion, training, and
fringe benefits, for which they are otherwise entitled or qualified....
These and other prohibitions against discrimination based on disability can
be found in the DHHS Section 504 regulation at 45 CFR Part 84.
Reprinted from U.S. Department of Health and Human Services.
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“The only pure and consistent advocates for a child are his or her parents
or family members,” explains Betsy Primm, coordinator of Georgia Learning
Resource Services Metro-North branch. “That doesn’t mean that educators
don’t advocate every day for their students, but year in and year out, that
is a parent’s role.” |
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