Legal Definitions - Rehabilitation Act of 1973

The Rehabilitation Act of 1973 is a foundational federal law in the United States that prohibits discrimination against individuals with disabilities. Its primary goal is to ensure that people with disabilities have equal opportunities and access, particularly in areas connected to the federal government.

This law specifically applies to and prohibits discrimination by:

• Federal government agencies: This includes all departments, agencies, and entities that are part of the U.S. federal government.
• Federal contractors: These are private companies or organizations that have contracts with the federal government to provide goods or services.
• Programs or activities receiving federal funds: This covers any state or local government program, private organization, or educational institution that receives financial assistance from the federal government.

The Act requires these entities to provide reasonable accommodations to qualified individuals with disabilities, enabling them to perform essential job functions, participate fully in federally funded programs, or access services. It protects individuals whose physical or mental impairments substantially limit one or more major life activities. While the later Americans with Disabilities Act (ADA) expanded these protections to a much broader range of public and private entities, the Rehabilitation Act remains a crucial piece of legislation for its specific scope.

Examples of the Rehabilitation Act in Action:

• Federal Agency Employment: Imagine a candidate with a visual impairment applying for a data analyst position at the Department of Veterans Affairs (a federal agency). The candidate requests specialized screen-reading software as a reasonable accommodation to perform the job's essential functions. Under the Rehabilitation Act, the Department of Veterans Affairs would generally be required to provide this software, assuming it does not pose an undue hardship, to ensure the candidate has an equal opportunity to be considered and perform the role.

  This example illustrates how the Act applies to federal agencies, requiring them to provide reasonable accommodations to employees or applicants with disabilities.

• Federal Contractor Workplace Accessibility: A private construction company holds a significant contract to build new facilities for a military base, making it a federal contractor. An employee who uses a wheelchair is hired as a project manager. The company's on-site temporary office trailers, however, are only accessible by stairs. The Rehabilitation Act would require the construction company to provide reasonable accommodations, such as installing ramps or ensuring accessible office space, to allow the employee to perform their job duties effectively at the worksite.

  This demonstrates the Act's reach to private companies that operate as federal contractors, obligating them to ensure accessibility and non-discrimination in their workplaces.

• Federally Funded Educational Program: A state university receives federal grants for its engineering department. A student with a severe learning disability enrolls in an engineering course and requests extended time for exams and the use of a note-taker as reasonable accommodations. Because the university's engineering program receives federal funding, the Rehabilitation Act would require the university to provide these accommodations to ensure the student has an equal opportunity to participate in and benefit from the program, unless doing so would fundamentally alter the program or cause undue burden.

  This highlights the Act's application to programs receiving federal financial assistance, ensuring that individuals with disabilities have equal access to educational opportunities.