1. Workplace Discrimination
  2. ADA Discrimination
  3. What is the Rehabilitation Act of 1973?

What is the Rehabilitation Act of 1973?

The Rehabilitation Act of 1973 (Rehab Act), like the Americans With Disabilities Act, protects disabled employees from discrimination in the workplace. The Rehabilitation Act of 1973 was the first piece of federal legislation to be enacted, specifically covering disabled federal employees. The Americans With Disabilities Act (ADA) is also federal legislation but was only enacted later (in 1990). The ADA is more wide-ranging than the Rehabilitation Act as it specifically prohibits workplace discrimination in any workplace other than federal workplaces. The ADA applies to state and local workplaces as private workplaces as well. 

Currently, the Rehabilitation Act and ADA complement each other.

What Is the Rehabilitation Act of 1973?

The Rehabilitation Act of 1973 is a federal law that protects federal employees who have a disability from discrimination in the workplace. An employee who has experienced discrimination of this sort is entitled to file a complaint with the Equal Employment Opportunities Commission (EEOC). If the complaint is not resolved, then the employee may be entitled to sue their employer.

Why Is the Rehabilitation Act of 1973 Important? 

The Rehabilitation Act of 1973 is important because it allows employees who are quite capable of performing satisfactorily in a job to be treated as equals to any other worker. The Act does not apply if the particular disability prevents the worker from doing their job like other workers but prevents an employer from acting against an employee simply because they have a disability. For example, if an employee needs to use their arms and hands to carry out their normal work, but they have a non-work-related accident and lose one of their arms, it wouldn’t be unreasonable for their employer to terminate their employment unless other work could be found for them. If the employee is in a wheelchair, but this has no effect on their ability to do their job, e.g., using a computer screen, then any form of discrimination against them would be deemed illegal under the Act.

What Protections Are Provided By The Rehabilitation Act of 1973?  

The Rehabilitation Act of 1973, as amended, provides protection to “qualified individuals with disabilities” in four different categories.

Section 501 of the Act protects disabled employees from discrimination who are employed by federal government agencies such as the United States Postal Service and the Smithsonian Institute.

Section 503 of the Act protects disabled employees from discrimination who are employed by employers who are on federal contracts.

Section 504 of the Act protects disabled employees from discrimination who are employed by employers who are receiving federal assistance.

Section 508 of the Act is a little different as it provides access to information technology and communication facilities owned by federal agencies by individuals with disabilities including employees who have disabilities.

How Does the Rehabilitation Act of 1973 Pertain to the Employment of Individuals with Disabilities?

Both the Rehabilitation Act of 1973 and the ADA protect employees from discrimination in the workplace, providing that their disability is no impediment to their performing their job. As already noted, the two federal laws provide protection against discrimination to employees who work in different employment sectors. All disabled employees are entitled to file a complaint of discrimination if they have proof of it to the EEOC. 

The EEOC will endeavor to investigate any complaint of discrimination but reserves this for employees who work in workplaces of 15 or more employees. This normally covers all federal employees, but for non-federal employees, i.e., those who work for state or local government agencies or private employers, they may need to turn instead to their relevant state anti-discrimination agencies. 

States have their own legislation which is typically very similar to that of the Rehab Act, or the ADA, and they have agencies such as Human Rights Departments or similar that work together in a work sharing agreement with the EEOC to investigate complaints of discrimination.

Note that the Rehab Act, like the ADA, also makes it compulsory for employers to provide facilities for disabled employees so that they can do their work in the same way as non-disabled employees, e.g., bathroom facilities and ramps for those in wheelchairs.

Conclusion  

The Rehabilitation Act of 1973 together with the Americans With Disabilities Act provides protections for qualified disabled employees from discrimination in their respective workplaces. Any employee with a disability who believes they have been unfairly discriminated against has the right to file a complaint with the EEOC or equivalent agency and may be able to sue their employer and obtain compensation. This can be quite challenging, and complainants may find it helpful to seek legal assistance from a disability discrimination attorney.

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