3 Things to Know About the Rehabilitation Act

Rehabilitation Act

Please look at the 3 main things to know about the rehabilitation act

You have likely heard of the Americans with Disability Act (ADA) but perhaps you are less familiar with the Rehabilitation Act of 1973, which serves a similar purpose and actually served as the model for the ADA of 1990. The Rehabilitation Act was one of the first serious attempts by Congress to help and protect individuals with disabilities. Significantly, the act was intended to help people with disabilities continue to work and maintain the chance to live independently. The federal law bars discrimination on the basis of disability in programs run by federal agencies, in programs receiving federal financial aid, and in federal employment (which also includes federal contractors). Under the Rehabilitation Act, individuals with a disability are meant to be given the same opportunities afforded to people without disability, as is their due civil right.

1. Affirmative action is required for certain entities

            Section 503 of the Rehabilitation Act requires employers with federal contracts or subcontracts that exceed $10,000 to take affirmative action in employment practices, including hiring, retaining, and promoting qualified individuals with disabilities. The Department of Labor handles violations of this provision. Similarly, Section 501 requires federal agencies of the executive branch to participate in affirmative action efforts. Such efforts might include training programs, outreach efforts, mentoring, and management development, among other things. The goal of such affirmative action is to advance equal employment opportunity and eliminate discrimination based on disability. Affirmative action in this context does not refer to quotas.

            Why is affirmative action important for people with disabilities? A disproportionate number of individuals who are working age and have a disability are unemployed. Moreover, many of these people have diverse skills, perspectives, and backgrounds that can promote creativity and workplace improvements. Beyond that, consumers who have disabilities are more likely to want to do business with a company that treats people with disabilities with due justice.

            How can a company implement an affirmative action plan? There are several things an employer can and should do in regards to the implementation of an affirmative action plan for people with disabilities. The first step an employer should take is to assign a company official to take responsibility for the implementation of the affirmative action activities. Then, the employer should create and make accessible an equal opportunity policy statement. Third, the employer should go over personnel practices to make sure people with disabilities who work or apply to work for the company are always considered for vacancies and training programs. This includes ensuring individuals with disabilities are not stereotyped in a way that restricts them from being able to access all the jobs they are qualified for. Next, the employer should go over job qualification standards and make sure they are strictly related to the job’s essential functions rather than superfluous and perhaps unintentionally discriminatory. Another crucial step to take is providing reasonable accommodations for people who are otherwise qualified to perform a job. This might include making existing facilities accessible, job restructuring, making modifications to work schedules, getting new equipment, and changing tests or policies, among other things. On top of reasonable accommodations, employers need to create and enforce protocols that prevent discriminatory harassment against people with disabilities in the workplace.

            There are four more big steps employers should take, the first being to employ appropriate recruitment and outreach activities, which can include a host of things. For instance, employers can participate in work-study programs that specialize in educating or training people with disabilities or they can make formal arrangements for job applicant referrals with recruitment sources like state vocational rehabilitation agencies. For the next step, employers should train involved employees in how to comply with affirmative action policies. Next, employers should create ways to disseminate information regarding affirmative action policies, which will help make sure employees cooperate. Lastly, employers should create and employ an audit and reporting system that measures how effective the affirmative action program is. When something is discovered to be deficient, employers should take steps to fix the problem.

2. Accessible information technology is required for federal agencies

            Section 508 of the Rehabilitation Act lays out the requirements for electronic and information technology affiliated with the federal government. It mandates that such technology be accessible to people with disabilities, which includes both members of the public and employees. What does it mean by accessible information technology? Well, it means that the information technology system can be used in different ways and does not require users to have one particular sense or ability. For instance, a system that only produces auditory output would likely be inaccessible to people with auditory impairments. A better system, one more compliant with this provision, would be one that has both auditory and visual output. Another option available is to provide assistance in the form of accessibility-related software (e.g. captions on a video) or extra devices for individuals who might need it.

3. Disability discrimination is much the same as that defined by the ADA

            It can be a complicated question to ask what qualifies as a disability and thereby as employment discrimination based on disability, but at least if you understand your rights under the ADA, you do not have to worry about different standards for the Rehabilitation Act. Briefly, both laws consider an individual with a disability to be someone who has a physical or mental impairment that substantially limits at least one major life activity, has a record of such impairment, or is perceived as having such an impairment. Moreover, to be protected from discrimination, such an individual would need to be qualified, which means they satisfy job-related requirements for the position they are applying for or hold. This means the individual must be able to perform the essential functions of the job, although may be entitled to a reasonable accommodation in order to do so.

            If you believe you have been discriminated against in the workplace due to actual or perceived disability status, contact a discrimination attorney and figure out what your rights are, along with your options for pursuing justice.