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Section 504

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Section 504
ShorttitleSection 504 of the Rehabilitation Act
LongtitleA section of the Rehabilitation Act of 1973
Enacted bythe 93rd United States Congress
Effective dateSeptember 26, 1973
Cite public lawPub. L. 93–112
Title amended29 U.S.C.: Labor
Sections created29, 794
IntroducedinHouse
CommitteesHouse Education and Labor
Passedbody1House
Passedbody2Senate
SignedpresidentRichard Nixon
SigneddateSeptember 26, 1973
AmendmentsRehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978
SCOTUS casesSoutheastern Community College v. Davis, Alexander v. Choate, School Board of Nassau County v. Arline

Section 504. It is a pivotal civil rights provision within the Rehabilitation Act of 1973. This landmark legislation prohibits discrimination on the basis of disability in any program or activity receiving federal financial assistance. Its enactment marked the first federal law to guarantee such protections, influencing subsequent laws like the Americans with Disabilities Act of 1990.

Introduction to Section 504

This provision is a cornerstone of disability rights law in the United States. It applies broadly to entities such as public schools, state universities, hospitals, and social service agencies. The scope of its protections extends to employment, education, and access to healthcare services. Its regulatory authority is primarily vested in the Department of Education's Office for Civil Rights.

History of Section 504

The provision was signed into law by President Richard Nixon in 1973 as part of the broader Rehabilitation Act of 1973. However, its implementation was delayed for years due to political stalling by officials like Joseph A. Califano Jr., the Secretary of Health, Education, and Welfare. This inaction sparked the 504 Sit-in, a pivotal 28-day occupation of H.E.W. offices in San Francisco led by groups including the American Coalition of Citizens with Disabilities and Judith Heumann. The regulations were finally issued in 1977 following advocacy and a key meeting with Carter administration officials.

Provisions and Protections

The statute mandates that no "otherwise qualified" individual with a disability be excluded from participation in, denied the benefits of, or subjected to discrimination under any covered program. This requires entities to provide reasonable accommodations and ensure program accessibility. Key obligations include the removal of architectural barriers and the provision of auxiliary aids. These requirements apply to all operations of a recipient, not solely the program receiving Federal funds.

Eligibility and Coverage

Eligibility is defined broadly, covering individuals with a physical or mental impairment that substantially limits one or more major life activities. This definition, influenced by interpretations from the Equal Employment Opportunity Commission, includes conditions such as HIV/AIDS, diabetes, and epilepsy. The law covers a vast array of recipients, from local school districts and private colleges to nursing homes and libraries. It also protects individuals with a record of such an impairment or those regarded as having one.

Enforcement and Compliance

Primary enforcement is carried out by the Office for Civil Rights within the Department of Health and Human Services and the Department of Education. Individuals can file administrative complaints leading to investigations and potential termination of Federal funding. The Department of Justice also plays a role in coordinating enforcement across agencies. Remedies for non-compliance can include corrective action plans, and individuals may also pursue private lawsuits to seek injunctive relief.

Impact and Court Cases

The provision has had a profound impact, serving as the model for the broader Americans with Disabilities Act of 1990. Significant Supreme Court cases have shaped its interpretation, including Southeastern Community College v. Davis, which addressed "reasonable accommodation," and School Board of Nassau County v. Arline, which extended coverage to contagious diseases. It fundamentally altered accessibility in higher education, public transportation, and employment practices nationwide.

Category:United States federal civil rights legislation Category:Disability rights in the United States Category:1973 in American law