Sections 501 and 503 of the Act prohibit discrimination on the basis of disability in, respectively, federal employment and employment by certain federal contractors and subcontractors. Image: OlegDoroshin/Shutterstock.com
By: FEDweek StaffFollowing is the section summarizing federal employee rights and agency responsibilities of a guide to the Rehabilitation Act issued by the EEOC and Labor Department on the 50th anniversary of that law.
The Rehabilitation Act of 1973 was the United States’ first major federal disability rights law. Passed on September 26, 1973, the law opened doors for many qualified individuals with disabilities to enter, for the first time, the federal and federal contractor workforce. While more work is needed to fully realize the goal of equal opportunity in employment for individuals with disabilities in the federal sector, the Rehabilitation Act introduced profound change. Among its impacts, the Rehabilitation Act served as the model for the Americans with Disabilities Act (ADA) of 1990, which prohibits, among other things, employment discrimination against qualified individuals with disabilities in the private sector.
The Rehabilitation Act has two core provisions that exclusively address employment discrimination against individuals with disabilities. Sections 501 and 503 of the Act prohibit discrimination on the basis of disability in, respectively, federal employment and employment by certain federal contractors and subcontractors. The employment protections in Sections 501 and 503 have proven crucial to giving individuals with disabilities an equal opportunity to apply for positions with and be employed by the federal government or employers receiving federal contracts.
Disability Terminology Under the Rehabilitation Act
Under the Rehabilitation Act, including Sections 501 and 503, the term “disability” is defined by regulation to have the same meaning as it does under the ADA. Since the ADA Amendments Act (ADAAA) became effective in 2009, the ADA’s definition of “disability” has been very broad. It includes many kinds of mental and physical medical conditions. A condition does not have to be permanent or severe to be an ADA disability.
Targeted disabilities are a subset of the larger disability category, applicable only under Section 501. The federal government has recognized that qualified individuals with certain disabilities face significant barriers to employment, above and beyond the barriers faced by people with the broader range of disabilities. These barriers are often due to myths, fears, and stereotypes about such disabilities. The federal government calls these “targeted disabilities.” Some examples of targeted disabilities include: significant mobility impairments; blindness; deafness; significant psychiatric disorders; epilepsy; and traumatic brain injury.
Section 501 – Federal Government Agencies
Section 501 is a non-discrimination law specific to employment with the Federal government that:
Protects qualified individuals with disabilities from disparate treatment or harassment based on disability;
Provides that, absent undue hardship, agencies must provide reasonable accommodation for the known physical or mental limitations of a qualified individual with a disability;
Limits the extent to which agencies may ask applicants and employees (not just individuals with disabilities) questions about disability or require them to take medical examinations;
Requires agencies to keep medical information about all applicants and employees (not just individuals with disabilities) confidential; and
Prohibits retaliation against all applicants and employees (not just individuals with disabilities) who oppose employer actions made unlawful under the Rehabilitation Act, or who participate or assist others in the EEO process.
The Section 501 regulations require that the federal government be a “model employer” with respect to the employment of individuals with disabilities. Annually, covered agencies review their equal employment opportunity (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.
The stages of the employment process where federal agencies may play a key role in advancing equal opportunity for applicants and employees with disabilities are during recruitment, hiring, and employment.
Recruitment and Hiring
Section 501 requires federal agencies to recruit individuals with disabilities and to ensure that individuals with disabilities are aware of and have an opportunity to apply for positions. It also requires agencies to have sufficient staff to answer disability-related questions from applicants and members of the public and to process requests for reasonable accommodations in the hiring process and applications under the Schedule A hiring authority for individuals with certain disabilities.
The goal of the hiring process is to attract and identify the individual who has the best mix of skills and attributes for the job available. Ensuring that all qualified individuals can participate in the process is key to achieving this goal. By examining their hiring procedures and implementing some simple steps, employers can widen their pool of potential talent and ensure that they do not miss out when the best person for the job happens to have a disability.
Retention and Advancement
The Section 501 regulation requires agencies to have sufficient opportunities for employees with disabilities to advance within the agency. Such activities might include specialized training and mentoring programs and strong enforcement against disability-based harassment. The regulation also includes requirements for agencies to strengthen their programs for reasonable accommodations and ensure accessibility.
Reasonable Accommodation
A reasonable accommodation is a change in the way things are normally done that allows an individual with a disability to apply for a job, do a job, or enjoy equal access to the benefits and privileges of employment. Federal employers have been required to provide reasonable accommodations since the 1970s. Section 501 requires federal agencies to have written, easily available and understood reasonable accommodation procedures and a written explanation whenever a request for a reasonable accommodation is denied. It also requires agencies to make sure that key decision-makers know how to access the resources necessary to pay for reasonable accommodations that are legally required.
Personal Assistance Services
Section 501 requires federal agencies to provide personal assistance services to employees who need them because of a targeted disability, unless doing so would impose an undue hardship on the agency. Personal assistance services differ from medical services and services that are typically performed by someone who often has the job title of “personal assistant.” Personal assistance services are non-medical services such as helping an individual take off and put on a coat, eat, and use the restroom. These services are needed by individuals whose specific disabilities make it difficult for them to perform such activities on their own.
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