Section 504 of the Rehabilitation Act of 1973, Pub. It is codified as 29 U. As amended in 1974, Section 111, Pub L. Major life activities include features of the General development in the preschool years for one’s self, walking, seeing, hearing, speaking, breathing, working, performing manual tasks, and learning.
For purposes of employment, Qualified Individuals with Disabilities are persons who, with Reasonable Accommodation, can perform the essential functions of the job for which they have applied or have been hired to perform. Reasonable Accommodation means an employer is required to take reasonable steps to accommodate disability unless it would cause the employer undue hardship. That is, Qualified Individuals with Disabilities must be able to perform the job duties associated with the job for which they would be hired. The United States Department of Labor also indicates that “Small Providers” do not have to make “significant structural alterations to their existing facilities” to accommodate individuals with disabilities. 1990, and seems to pick up where the Rehabilitation Act left off. Section 504 covers “any program or activity receiving federal financial assistance.
If an organization receives federal support of any kind, even if the organization is not a federal or state organization, the organization must comply with Section 504. For example, airports in the United States can be at least partially funded by grants from federal and state governments, thus must be compliant. The intention of Section 504 was to impact employment of people with disabilities, thus included education. Section 504 was the first national civil rights legislation that provided equal access for students with disabilities to higher education institutions receiving federal financial assistance. Higher education institutions are required to make their programs accessible to qualified students with disabilities. Qualified students with disabilities are determined by the admissions criteria of the individual higher education institution. Students wishing to receive accommodations must initiate the process, which varies per higher education institution.
12 schools, “the language broadly prohibits the denial of public education participation, or enjoyment of the benefits offered by public school programs because of a child’s disability. Section 504 supports rights for students for needs outside of the school day, such as extracurricular activities, sports, and after-school care, because Section 504 prohibits discrimination on the basis of disability. While the process for accommodating students varies per institution, schools generally comply with Section 504 by identifying students with disabilities and evaluating those students. Violations of Section 504 can result in a loss of the federal funding. Section 504 covers extracurricular and after school programs such as sports, music lessons, and afterschool care. Late bus transportation – Carmel Cent.
Although not in the text of the statute, courts have held that individuals have a private right of action under Section 504. While punitive damages are not available, compensatory damages are available to plaintiffs. Any housing that receives federal assistance, such as Section 8 public housing, is subject to Section 504 regulations and requirements. Any person with a disability who feels himself or herself a victim of discrimination in a HUD-funded program or activity may file a complaint with HUD under Section 504. World War I, one of the first U. Section 504 brought the language of the Civil Rights Act of 1964 to the Rehabilitation of Act of 1973. Concerned about costs and enforcement, the Nixon and Ford Administrations attempted to stall the regulations both by rewriting them and calling for further study regarding their impact if they did stay in their present form.