Rehabilitation Act of 1973

The Rehabilitation Act of 1973 was an important piece of civil rights legislation. Its roots can be traced to the Smith-Hughes National Vocational Education Act of 1917 that created the Federal Board for Vocational Education. The Rehabilitation Act of 1973 expanded on the Smith-Hughes Act while providing numerous provisions for federal agencies, programs receiving federal funding, and employers contracted with the federal government. Its passage was considered a landmark victory for disabled individuals.

The Rehabilitation Act contains numerous sections. However, the most commonly cited are Sections 501, 503, 504, and 508. Together, these sections greatly altered federal employment procedures regarding disabled individuals. They made it illegal for federal employers to discriminate against disabled individuals who would otherwise qualify for a job. They created target percentages of disabled workers that federal agencies should strive to meet. They also extended many of these guidelines and requirements to any employer receiving federal funding, including state governments and groups contracted by the federal government. Finally, Section 508 ensures that many of the same groups must make information available on their websites and other communications technologies accessible to individuals with disabilities.

Background

The Rehabilitation Act of 1973 was the first civil rights law in the United States that applied to people with disabilities. It had a number of long-term, wide-reaching effects on American businesses and disabled individuals. Its origins can be traced to the Smith-Hughes Act of 1917. This created the Federal Board for Vocational Education. The Federal Board for Vocational Education was tasked with numerous jobs, including addressing the vocational and rehabilitative needs of disabled veterans.

The Smith-Hughes Act introduced the idea of government intervention on behalf of disabled individuals. Over the following decades, government-provided care for veterans was expanded. Eventually, it came to be provided for non-veterans. In the Rehabilitation Act of 1973, lawmakers came to support disabled individuals in a similar manner. The Rehabilitation Act of 1973 replaced the Smith-Hughes Act while expanding care for disabled persons.

The Rehabilitation Act of 1973 also expanded the rights of disabled individuals, and the ability of federal employers to restrict employment opportunities for disabled persons. Prior to the act, employers were able to refuse to hire an applicant on the basis of a disability. The Rehabilitation Act of 1973 made such discrimination illegal.

Prior to the passage of the Rehabilitation Act of 1973, many people had believed that unemployment was an inevitable consequence of many disabilities. However, with the passage of the act, refusing to employ disabled individuals came to be viewed as discrimination instead of limitations imposed by many disabling conditions. The legislation was viewed as a landmark victory for many disabilities rights groups and is commonly seen as a turning point in the fight for the rights of disabled individuals.

Overview

The Rehabilitation Act of 1973 contains numerous parts, each detailing separate pieces of legislation. Some of the most important and widely reviewed parts are Sections 501, 503, 504, and 508. Section 501 prohibits federal employers from discriminating against qualified individuals with disabilities. This includes numerous major federal employers, including the Smithsonian Institution, the US Postal Service, and the Postal Regulatory Commission. Section 501 does not mandate that federal employers keep a certain percentage of their workforce as individuals with disabilities. However, in 2016, the US Equal Employment Opportunity Commission suggested that 12 percent of each federal agency’s workforce be made up of individuals with disabilities.

Section 503 is similar to Section 501. However, it does not deal directly with federal employers. Instead, Section 503 forbids any employer with a federal contract or subcontract from discriminating against qualified disabled individuals during the hiring process. This applies to any contract or subcontract with a value of $10,000 or more. If a company has more than fifty employees and holds a federal contract or contracts of $50,000 or more in value, it is required to take affirmative steps to hire and retain disabled employees. In 2014, these rules were amended to include a goal that each federal contractor that falls under the affirmative action laws has a workforce with no less than 7 percent disabled individuals.

Section 504 deals with many of the same protections as Sections 503 and 501. However, Section 504 extends the prohibition on discrimination toward individuals with disabilities to any program or activity that receives federal financial assistance. It also includes any activity conducted by a federal executive agency. Unlike Sections 503 and 501, Section 504 does not include a specific percentage of disabled workers as a goal. Instead, it allows each federal agency to create and enforce its own Section 504 regulations.

Section 508 of the Rehabilitation Act requires that the information and communications technology utilized be federal agencies be accessible to both employees and members of the public with disabilities. Section 508 is usually only for federal agencies. However, it has been emulated by many businesses in the private sector. Businesses that are supplying informational and technology services to the US government must also ensure that their services conform to Section 508 standards. Because many state governments receive federal funding, they may also be required to abide by Section 508 regulations.

Section 508 created the first federal accessibility standard to apply to the Internet. While other guidelines for Internet accessibility have existed in the past, they had no true regulatory power. The rules and regulations outlined in Section 508 are binding, enforceable standards. The attorney general of the United States is tasked with ensuring that the nation’s executive agencies conform to Section 508. He or she is required to give a report to both Congress and the president evaluating the relevant agencies’ adherence to Section 508 standards every two years. The attorney general is also required to help resolve Section 508 complaints made against federal agencies.

Bibliography

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