What is Rehabilitation Act of 1973, 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.”

“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.”

- U.S. Department of Health and Human Services, Office for Civil Rights

So, what does that mean?  Basically, Section 504 prevents any sort of discriminations based on disability.  That means that employers and organizations can’t exclude or deny individuals with disabilities equal opportunities.  Crazy to think it wasn’t until the 1970s that we started taking steps to help individuals with physical and developmental disabilities!  And now, we are taking steps backward.

Here are some of the MANY things it covers:

  • Provides books in braille in schools

  • Allows services animals in classrooms/dorms

  • Provides desks at wheelchair heights for students that need them

  • Prevents renters from discriminating against people with disabilities

  • Allows for Medicare and Medicaid to provide sign language interpreters

  • Requires federally funded transportation systems like Amtrak to be accessible to passengers with disabilities

  • Requires schools to provide a free and appropriate education to students with disabilities 

  • Requires healthcare providers to ensure that medical treatment decisions are not based on stereotypes about people with disabilities

Why would anyone go against this?  Well, lawmakers in 17 states are currently arguing that “Section 504 is unconstitutional”.  The suit comes in response to an update filed last year that says gender dysphoria qualifies as a disability.  In an attempt to attack the transgender community, they are now attacking all people with disabilities.

You might be asking….what can I do?  You can contact your representatives and express your support for section 504.  You can support disabilities rights organizations.  And, most importantly, you can stay informed.  We can make a difference.

Daniel Holmes