Rehabilitation Act (1973)

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The Rehabilitation Act of 1973 is a federal act of the United States that prohibits discrimination on the basis of disability in federal programs, programs that receive government assistance, federal government employment relationships, and government contractor employment relationships. The normal practice for exposing discrimination in the workplace under the Rehabilitation Act is the same as that under Article 1 of the Americans with Disabilities Act .

The Rehabilitation Act has four key sections that were passed by the US Congress in September 1973 and signed by President Richard Nixon .

Section 501

Section 501 requires active promotional measures and freedom from discrimination in employment relationships from federal executive agencies . In order to file a complaint in this regard, employees are encouraged to contact the person responsible for equal opportunities in their authority.

The section contains the following points:

  • The provision of the technologies that are necessary so that the disabled person can carry out their work in conditions that are accessible to them.
  • Providing technology that enables the disabled person to enjoy the same benefits and privileges as other employees. This includes, for example, further training, services, participation in social events such as company outings.
  • Access to the usual application formalities, such as using the website to submit application documents, or any probationary periods.

Section 503

Section 503 calls for active promotion and prohibits discrimination in employment relationships with contractors and subcontractors of the federal government that are worth more than $ 10,000.

The following exceptions apply to this section:

  • When the company receives less than $ 10,000 from the government.
  • Contracts entered into for indefinite amounts, as long as the counterparty has no reason to believe that the amount will exceed $ 10,000 annually.
  • Jobs performed outside of the United States and employees not hired within the United States.
  • Treaties that serve neither national interests nor state security.
  • Contracts that were concluded with federal authorities or municipalities, but in which the authority is not involved in the execution of the contract.

Section 504

Section 504 was written to extend civil rights to include disabled people. This section ensures that children and adults have equal opportunities in education, working life and other parts of society. This enables appropriate arrangements, such as special learning environments and assistance .

Each federal authority has its own regulations to implement this requirement, each of which is adapted to its specific conditions. Companies that receive funding from the federal government also have regulations for the implementation of Section 504, which cover those areas that are funded by the federal funds. These regulations include, for example: reasonable accommodation for disabled people, accessibility , effective communication with the deaf and visually impaired . Every authority and every company is responsible for implementing its own regulations. Section 504 can also be implemented through lawsuits and legal proceedings .

Section 508

Section 508 was not added to the Rehabilitation Act until 1998. It contains requirements that are to be implemented by information technology so that it is also accessible to disabled people, both employees and the public.

Accessible information technology includes the possibility of being operated in different ways and must not be tailored to a single purpose or a specific ability of the user. Sometimes this also means that additional software or peripheral devices have to be used to ensure this accessibility.

Section 508 includes the following areas:

  • Application software and operating systems: This includes a user-friendly application for the visually impaired, such as alternative navigation options.
  • Web applications: It should be ensured that visually impaired people, for example with screen readers , have barrier-free access to websites. This also includes that images are appropriately labeled.
  • Telecommunications: This includes providing access to these technologies for the hearing impaired.
  • Videos and multimedia: This includes captions that can be switched on or off as required.
  • Stand-alone products: Copier or fax machines often cannot be operated without appropriate aids.

literature

  • Jacqueline Vaughn Switzer: Disabled Rights: American Disability Policy and the Fight for Equality . Georgetown University Press, 2003.
  • OCR Senior Staff Memoranda: "Guidance on the Application of Section 504 to Noneducational Programs of Recipients of Federal Financial Assistance," January 3, 1990.
  • William Lynch, "The Application of Title III of the Americans with Disabilities Act to the Internet: Proper E-Planning Prevents Poor E-Performance", 12 CommLaw Conspectus: Journal of Communications Law and Policy 245 (2004).

Web links

Individual evidence

  1. ↑ a b c d e f g ADA Web Site
  2. ↑ ITTATC
  3. ↑ Section 503