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Community for the disABLED
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Employment Rights Who has Them and Who Enforces Them
Individuals with disabilities are protected from discrimination in employment primarily by two federal laws. Title I of the Americans with Disabilities Act (P.L. 101-336), enacted into law on July 26, 1990, prohibits private sector employers who employ 15 or more individuals and all State and local government employers from discriminating against qualified individuals with disabilities in all aspects of employment. The Rehabilitation Act of 1973 (P.L. 93-112), as amended, prohibits discrimination in employment in three areas. Section 501 of the Rehabilitation Act prohibits federal executive branch agencies, including the U.S. Postal Service and the Postal Rate Commission, from discriminating against qualified individuals with disabilities. It requires executive branch agencies to take affirmative action in the hiring, placing and advancing of individuals with disabilities. Section 503 of the Rehabilitation Act requires contractors and subcontractors who have a contract with the federal government for $10,000 or more annually to take affirmative action to employ and to advance in employment qualified individuals with disabilities. Section 504 prohibits recipients of federal financial assistance from discriminating against qualified individuals with disabilities in employment and in their programs and activities. Veterans with disabilities are protected further by Section 402 of the Vietnam Veterans Readjustment Assistance Act of 1974. Section 402 requires that contractors or subcontractors who have a contract with the federal government for $25,000 or more take affirmative action to employ, advance in employment, and otherwise treat covered veterans without discrimination. Individuals with disabilities also may be protected by their state anti-discrimination laws, some of which are more stringent than the federal laws. To learn more about rights under state laws, contact the State Human Rights Commission or its equivalent, or contact the State Governor's Committee on People with Disabilities. Applicants or Employees with Disabilities in the Private Sector If a private sector employer employs 15 or more people, an individual with a disability is covered by Title I of the Americans with Disabilities Act (ADA), enforced by the U.S. Equal Employment Opportunity Commission (EEOC).
If a private sector employer has a contract with the federal government for $10,000 or more, an individual with a disability is covered under Section 503 of the Rehabilitation Act of 1973, as amended, enforced by the U.S. Department of Labor, Office of Federal Contract Compliance Programs (OFCCP).
If a private sector employer is a recipient of federal financial assistance, an individual with a disability is covered under Section 504 of the Rehabilitation Act of 1973, as amended, enforced by the federal agency that provided the federal financial assistance.
If a state or local government employer employs fewer than 15 employees, an individual with a disability is covered by Title II of the ADA, enforced by the U.S. Department of Justice.
If a state or local employer receives federal financial assistance, an individual with a disability is also covered by Section 504 of the Rehabilitation Act of 1973, as amended, enforced by the federal agency that provided the federal financial assistance. The enforcement of Section 504 is coordinated by the U.S. Department of Justice.
Applicants or Employees with Disabilities in the Federal Government If an employer is an executive branch of the federal government, an individual with a disability is covered by Section 501 of the Rehabilitation Act of 1973, as amended. To file a complaint, the individual must first contact an equal employment opportunity counselor at the agency where the alleged discrimination took place.
Applicants or Employees Who are Veterans with Disabilities and Veterans of the Vietnam EraIf a private sector employer has a contract or subcontract with the federal government for at least $10,000 annually, veterans with disabilities and veterans of the Vietnam Era are covered by Section 402 of the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended. Section 402 is enforced by the U.S. Department of Labor Office of Federal Contract Compliance Programs (OFCCP).
October 1996
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