Rehabilitation Act of 1973 | Related Requirements

Federal agencies and federal contractors are covered by the Rehabilitation Act of 1973, which is the law that the Americans with Disabilities Act was patterned after. The non-discrimination and accommodation requirements are the same for the two laws. However, the federal sector has added requirements related to affirmative action in the hiring, retention, and promotion of people with disabilities as well as serving as a model employer with respect to the employment of individuals with disabilities. The added requirements are in the form of an EEOC Management Directive and several Executive Orders. The Management Directive provides policy guidance and standards for establishing and maintaining effective affirmative action programs under Section 501 of the Rehabilitation Act and sets forth general reporting requirements. Executive orders are official documents, numbered consecutively, through which the President of the United States manages the operations of the federal government.

The following provides information regarding the Rehabilitation Act and related requirements for federal agencies:

Rehabilitation Act of 1973

Rehabilitation Act of 1973, Sections 501 and 505

Section 501 prohibits employment discrimination against individuals with disabilities in the federal sector. Section 505 contains provisions governing remedies and attorney's fees under Section 501.

Rehabilitation Act of 1973, Section 503

Section 503 requires that any contract in excess of $10,000 entered into by any Federal department or agency for the procurement of personal property and nonpersonal services (including construction) for the United States shall contain a provision requiring that the party contracting with the United States shall take affirmative action to employ and advance in employment qualified individuals with disabilities.

>> OFCCP Directive: Federal Contractor's Online Application Selection System

To provide guidance in evaluating federal contractors' obligations under Section 503 of the Rehabilitation Act of 1973, as amended (Section 503), the Vietnam Era Veterans' Readjustment Act of 1974, as amended, 38 U.S.C. 4212 (VEVRAA), and Title I of Americans with Disabilities Act of 1990, as amended (ADA), with respect to online application systems.

>> OFCCP: The ADA Amendments Act of 2008: Frequently Asked Questions

Rehabilitation Act of 1973, Section 504

Section 504 states that no otherwise qualified individual with a disability in the United States shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal Service.

Rehabilitation Act of 1973, Section 508

Section 508 requires that Federal agencies' electronic and information technology is accessible to people with disabilities, including employees and members of the public.

§ 1614.203 Rehabilitation Act Regulations

(a) Model employer. The Federal Government shall be a model employer of individuals with disabilities. Agencies shall give full consideration to the hiring, placement, and advancement of qualified individuals with disabilities.

(b) ADA standards. The standards used to determine whether section 501 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 791), has been violated in a complaint alleging non-affirmative action employment discrimination under this part shall be the standards applied under Titles I and V (sections 501 through 504 and 510) of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. 12101, 12111, 12201), as such sections relate to employment. These standards are set forth in the Commission’s ADA regulations at 29 CFR part 1630.

[67 FR 35735, May 21, 2002]

Related Requirements

Questions and Answers: Promoting Employment of Individuals with Disabilities in the Federal Workforce

This question-and-answer guide is aimed at promoting the hiring and advancement of individuals with disabilities in federal government employment. It provides a good overview of the requirements federal agencies have related to affirmative action and reasonable accommodation procedures.

EEOC’s Management Directive 715 (“MD-715”)

MD-715 directs covered agencies annually to review their EEO and personnel programs, policies, and performance standards in accordance with specified criteria to identify where their EEO programs can become more effective and to identify and eliminate barriers that hamper the advancement of any applicants or employees with disabilities.

Executive Order (E.O.) 13164: Establishing Reasonable Accommodations - July 26, 2000

E.O. 13164 requires that all Executive branch federal agencies have written procedures for processing disability accommodation requests, providing employees as well as supervisors and managers with an easy-to-understand, step-by-step explanation of the reasonable accommodation process.

The EEOC developed two publications to assist federal agencies to comply with E.O. 13164:

> Practical Advice for Drafting and Implementing Reasonable Accommodation Procedures under Executive Order 13164 (2005)

> Policy Guidance on Executive Order 13164: Establishing Procedures to Facilitate the Provision of Reasonable Accommodation (2000)

Executive Order 13078: Increasing Employment of Adults with Disabilities - March 13, 1998

Executive Order 13163: Increasing the Opportunity for Individuals With Disabilities to Be Employed In the Federal Government - July 26, 2000