Legal Definitions - Section 504

Section 504 is a vital part of the Rehabilitation Act of 1973, a federal law designed to protect the rights of individuals with disabilities in the United States. Its core purpose is to prevent discrimination against people with disabilities by any program, activity, or organization that receives financial assistance from the federal government.

Essentially, Section 504 ensures that individuals with disabilities have equal access and opportunities in areas such as employment, education, and public services. For an individual to be protected under Section 504, two main conditions must be met:

• They must have a disability that significantly limits one or more "major life activities" (such as walking, seeing, hearing, speaking, breathing, learning, or working).
• They must be "otherwise qualified" for the job, service, or program, meaning they meet all other legitimate requirements despite their disability.

Entities covered by Section 504 are required to make "reasonable accommodations" to ensure that qualified individuals with disabilities can participate or be employed. What constitutes a "reasonable accommodation" is determined on a case-by-case basis, taking into account the specific needs of the individual and the resources of the organization.

Here are a few examples illustrating how Section 504 applies in different contexts:

• Example 1: University Student Access

  A student with a severe anxiety disorder, which significantly limits their ability to concentrate and perform under pressure (a major life activity), is admitted to a public university that receives federal funding. The student meets all academic admission requirements and is otherwise qualified. Under Section 504, the university might be required to provide reasonable accommodations, such as allowing the student to take exams in a quiet, separate room or providing extensions on assignments during periods of heightened anxiety. This ensures the student can access their education without discrimination due to their disability.

• Example 2: Community Health Clinic Services

  A patient who uses a wheelchair (due to a mobility impairment that limits walking, a major life activity) needs to attend appointments at a community health clinic that receives federal grants. The clinic's entrance has several steps, making it inaccessible. Section 504 would require the clinic to make reasonable accommodations, such as installing a ramp or providing a portable lift, to ensure the patient has equal access to their medical services. The patient is otherwise qualified to receive care, and the clinic must remove barriers to prevent discrimination.

• Example 3: State Government Employment

  An individual with a visual impairment that limits their ability to read standard print (a major life activity) applies for a customer service representative position at a state Department of Motor Vehicles office, which receives federal funding. The applicant possesses all the necessary communication skills and experience for the job, making them otherwise qualified. Section 504 would require the agency to provide reasonable accommodations, such as specialized computer software that magnifies text or reads it aloud, to enable the individual to perform their job duties effectively.