About Me
It has been more than two years since I shared a little about me in one of these episodes. So, I am going to do it here for the benefit of people who have started listening since I last shared a bit about myself.
Education and Certifications
- I have a law license from Massachusetts.
- I am a certified ADA coordinator.
- I am a certified Professional in Accessibility Core Competencies’.
- I am a member of the ADA Trainer Leadership Network.
Professional Background
- I am the disability analyst for Portland Parks & Recreation in Portland, Oregon.
- Previously, I was the ADA Title II disability policy analyst in Portland’s Office of Equity and Human Rights.
- I was a contract attorney for Disability Rights Advocates in Berkeley, California.
- I was a staff attorney for the then American Bar Association’s Commission on Mental and Physical Disability Law.
A Few Personal Things
- I was born totally blind.
- I am a member of the American Council of the Blind.
- I live in Oregon with my wife Desiree and the two youngest of my three stepdaughters.
- I an a huge sports fan, especially baseball.
- I am an avid reader and writer.
- While I enjoy learning about assistive technologies, I know Desiree knows more about them than me.
- I love animals. We have two cats, Rain and Yoyo.
Disclaimer
The information presented in any of the Demand Our Access podcast episodes, on the Demand Our Access website, or otherwise shared in conjunction with or through association with the Demand Our Access project is expressly not individual legal advice. Applying the law depends on the circumstances and events that comprise every situation. Since legal advice is fact-specific, nothing about the Demand Our Access project can provide an individual, a group of individuals, or any organization legal advice.
Resources
The provisions of Section 504 are set forth in 10 C.F.R. § 4.
The Department of Justice’s Guide to Disability Rights Laws has a good description of Section 504.
The Department of Education also has an informative page on Section 504.
As always, any resources discussed in this episode will be linked to when the episode is posted to the Demand Our Access website.
Section 504
Introduction
Section 504 of the Rehabilitation Act of 1973 (Section 504) is a landmark civil rights law that prohibits discrimination based on disability. It was designed to ensure those of us with disabilities are not excluded from, denied the benefits of, or subjected to discrimination under any program or activity that receives federal financial assistance. Section 504 laid the foundation for future disability rights legislation in the United States, most notably the Americans with Disabilities Act (ADA).
History of Section 504
The Rehabilitation Act of 1973 was signed into law by President Richard Nixon on September 26, 1973. Although the act as a whole aimed to provide support for people with disabilities in areas such as employment and independent living, it was Section 504 that specifically addressed civil rights. The language of Section 504 was groundbreaking, as it introduced the concept of accessibility for people with disabilities into federally funded programs and activities, essentially stating that people with disabilities should be treated the same as those without disabilities.
Section 504 was modeled after earlier civil rights laws, such as Title VI of the Civil Rights Act of 1964, which prohibited discrimination based on race, color, or national origin in federally funded programs. By extending civil rights protections to people with disabilities, Section 504 marked a turning point in the disability rights movement.
While the law was passed in 1973, its implementation was delayed for several years due to opposition from various government agencies. It wasn’t until a series of protests by disability rights activists, including the historic 504 Sit-ins in 1977, that regulations enforcing Section 504 were issued by the U.S. Department of Health, Education, and Welfare.
Crip Camp
If you want to learn more about the sit-ins that were responsible for the federal government finally issuing regulations under Section 504, I highly recommend the documentary Crip Camp. Crip Camp, released in 2020, is maybe the only documentary that tries to tell the story of the civil rights movement of those of us with disabilities from our perspectives. If you know of another documentary I should watch that tells our story largely in our voices, please let me know.
Definition of a Qualified Individual with a Disability
Under Section 504, a person with a disability is defined as any individual who:
- Has a physical or mental impairment that substantially limits one or more major life activities
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Has a record of such an impairment, or
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Is regarded as having such an impairment.
If the three-prong definition of a person with a disability under Section 504 sounds familiar, it should. The ADA and Section 504 both define a person with a disability the same way.
A “qualified” person with a disability is someone who meets the essential eligibility requirements for the receipt of services or participation in programs or activities. This means those of us with disabilities must be qualified to participate in the specific program or activity, regardless of our disability. Still, reasonable accommodations must be made to ensure we are not excluded from programs due to our disability.
Example
A nonprofit receives federal funding to run a program of adult swimming lessons. Since the nonprofit has accepted federal money to provide the swimming lessons, the swimming lessons are covered by Section 504.
In developing the swimming lessons, the nonprofit restricts access to the lessons to those who can get in and out of the pool independently.
A person who walks with crutches but has the ability to move their body with their arms registers for swimming lessons. When they arrive for their first lesson, the nonprofit tells them that in order to qualify for swimming lessons, students must be able to independently get in and out of the pool.
The nonprofit is violating the disabled person’s rights under Section 504 if the disabled person can prove they can effectively learn to swim with their limited mobility. As long as the disabled person can swim, inaccessibility (like pools not equipped with lifts) cannot be used as a reason for excluding the disabled person from the swimming lessons. This is because the ability to independently access and leave the pool may not be directly related to the ability to swim.
In order for a person with a disability to be excluded, the qualifications for participation must be directly related to the abilities necessary to effectively participate.
Bonus points to those of you who remember that the disabled swimmer in this example would also have rights under Title III of the ADA.
Comparison with the Americans with Disabilities Act (ADA)
While Section 504 and the Americans with Disabilities Act (ADA) both aim to prevent discrimination against those of us with disabilities, there are key differences between the two laws.
Scope of Coverage
Section 504 applies only to programs and activities that receive federal financial assistance. This includes public schools, universities, hospitals, and any other institutions funded by federal dollars.
The ADA, passed in 1990, is broader in scope. It covers employment (Title I), state and local government services (Title II), public accommodations (businesses and nonprofits) (Title III), and telecommunications (Title IV). Entities covered by the ADA are covered by the ADA whether they receive federal funds or not.
Enforcement
Section 504
Section 504 is enforced through the agency that provides federal financial assistance to the program or institution in question. Compliance is monitored by the individual agencies with enforcement power under Section 504, and failure to comply can result in the loss of federal funding.
Example
A hospital receives federal money from the Department of Health and Human Services to assist with the funding of its daily operations. By accepting the federal money, the hospital becomes responsible to comply with the Section 504 regulations adopted by the Department of Health and Human Services.
Agencies with Enforcement Power Under Section 504
Enforcement of Section 504 is carried out by various federal agencies, depending on the specific program or institution involved. Some key agencies responsible for enforcing Section 504 include:1. Department of Education (Office for Civil Rights, OCR): Responsible for ensuring that public schools, colleges, and universities that receive federal funding do not discriminate against students with disabilities.
- Department of Health and Human Services (HHS): Enforces Section 504 in programs such as hospitals, clinics, and social services that receive federal funding.
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Department of Labor (DOL): Enforces compliance in employment and training programs that receive federal funds, ensuring that people with disabilities have equal access to vocational services and employment opportunities.4. Department of Transportation (DOT): Ensures that federally funded transportation services, such as public transit systems, do not discriminate against individuals with disabilities.
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Department of Housing and Urban Development (HUD): Enforces Section 504 in federally funded housing programs to ensure that people with disabilities have access to fair and equal housing opportunities.
Each of these agencies has the authority to investigate complaints, ensure compliance, and impose corrective actions or sanctions, including the withdrawal of federal funds if necessary.
The ADA
Depending on the facts of a case, many federal agencies can technically enforce the ADA. But the ADA is primarily enforced by the Department of Justice. The most notable exception is that the Equal Employment Opportunity Commission (EEOC) oversees enforcement of Title I of the ADA.
Conclusion
This concludes our look at Section 504 of the Rehabilitation Act of 1973. Thank you for listening. I appreciate your support.
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