Defending Disability Rights: The Critical Role of Section 504 and the Threat It Faces By: Michelle Zeman

 


          Black and white image of a sign that reads sign 504 now. The "O" is made up of a wheelchair. 


In “America in Danger of Going Backwards: If We Forget Our History, We Are Doomed to Repeat It” by Jason Hahr and Samantha Lebron, the authors discuss the lawsuit involving 17 states that attempt to overturn Section 504 of the Rehabilitation Act of 1973. In today’s article, we will discuss what Section 504 is and why it’s crucial to maintain this legislation.

 

For those unaware, Section 504 of the Rehabilitation Act of 1973 is a landmark piece of civil rights legislation prohibiting discrimination against individuals with disabilities in programs and activities that receive federal financial assistance. The core provision of Section 504 states: “No otherwise qualified individual with a disability in the United States shall, solely because of their disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”

 

Now, let’s examine what constitutes a qualified individual with a disability. Section 504 defines a qualified individual with a disability as someone who has a physical or mental impairment that substantially limits one or more major life activities. This includes, but isn’t limited to, walking, seeing, hearing, speaking, breathing, learning, and working. Anyone with these impairments or who is regarded as having any falls under this protection.

 

Additionally, Section 504 requires the establishment of reasonable accommodations for individuals with disabilities. These accommodations may include modifications to facilities, changes in policies and procedures, or the provision of auxiliary aids and services. However, they must not impose an undue financial or administrative burden on the entity providing them.

 

By mandating non-discrimination, Section 504 ensures that individuals with disabilities have equal access to education, employment, and public services, provided these programs receive federal assistance. This is crucial for people with disabilities because it protects their right to participate fully in society without facing any unfair treatment. Without Section 504, any place could deny accommodations. This makes it significantly harder for people with disabilities to access the same opportunities as others. By having Section 504, we can break down systematic barriers that have historically marginalized individuals with disabilities.

 

So, what is the difference between Section 504 and the Americans with Disabilities Act (ADA) of 1990? Section 504 is the precursor to the ADA. When you consider it, the ADA is an extension of Section 504 regarding protections and enforcement. The ADA applies to private employers, public accommodations, transportation services, and telecommunications for protection. In terms of enforcement, Section 504 is enforced primarily by federal agencies that provide funding. In contrast, the ADA is implemented by multiple entities, including the Department of Justice and the Equal Employment Opportunity Commission (EEOC).

 

As someone with a disability, I have to ask one question: why is this happening? Why should people with disabilities not be given equitable access to reasonable accommodations? Why should people with disabilities not be able to live the life that they want to live? What harm is being done here? Section 504 set essential legal precedents that continue to shape the landscape of disability rights and equal access today. People with disabilities deserve better than this, so let’s go out there and fight to ensure that Section 504 remains alive.

 

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