Originally published here.
There are five important federal laws that protect individuals with disabilities from discrimination in employment and the job application process:
Americans with Disabilities Act
Rehabilitation Act
Workforce Innovation and Opportunity Act
Vietnam Era Veterans' Readjustment Assistance Act
Civil Service Reform Act
Although many employers and individuals have a basic understanding of the ADA, the nondiscrimination policies of the other laws may be less familiar. Below is a short summary of each law and information on where employers can access additional information and compliance resources.
The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities and guarantees equal opportunities for individuals with disabilities in employment, transportation, public accommodations, state and local government services, and telecommunications. Two sections of the ADA relate to employment:
Title I: Employment prohibits covered employers from discriminating against people with disabilities in all employment-related activities, including hiring, pay, benefits, firing and promotions. Covered employers include private businesses, educational institutions, employment agencies, labor organizations, and state and local government entities with 15 or more employees.
Additional Information: The U.S. Equal Employment Opportunity Commission (EEOC) enforces Title I of the ADA. The EEOC website has a section dedicated to disability discrimination that summarizes the ADA provisions it enforces and provides access to related publications and resources.
Title II: State and Local Governments protects people with disabilities from discrimination in state and local government services, programs and activities. It prohibits all state and local government entities, regardless of how many people they employ or whether they receive federal financial assistance, from discriminating against qualified individuals with disabilities in employment.
Additional Information: The U.S. Department of Justice (DOJ) enforces Title II of the ADA. DOJ's ADA Homepage offers resources on all aspects of the ADA, including those addressing state and local government employment-related responsibilities under Title II.
The Rehabilitation Act authorizes funding for various disability-related purposes and activities, including state vocational rehabilitation (VR) programs, independent living programs, training and research, and the work of the National Council on Disability. It also includes three sections that prohibit discrimination against individuals with disabilities by specific types of employers: federal agencies, employers/businesses contracting with federal agencies and programs receiving federal financial assistance.
Section 501 of the Rehabilitation Act prohibits federal employers from discriminating against qualified individuals with disabilities and requires them to take affirmative action to employ and advance in employment qualified individuals with disabilities.
Additional Information: Each federal agency enforces Section 501 for its own job applicants and/or employees. For additional information on specific Section 501 policies, contact the relevant agency's Equal Employment Opportunity (EEO) office.
Section 503 of the Rehabilitation Act prohibits employment discrimination based on disability and requires affirmative action in the hiring, placement and advancement of people with disabilities by federal contractors or subcontractors who have federal contracts or subcontracts in excess of $10,000.
Additional Information: The Office of Federal Contract Compliance Programs (OFCCP) of the U.S. Department of Labor's Employment Standards Administration enforces Section 503. Compliance assistance information is available on OFCCP's website.
Section 504 of the Rehabilitation Act prohibits discrimination against qualified individuals with disabilities by federal agencies, or by programs or activities that receive federal financial assistance or are conducted by a federal agency.
Additional Information: The federal agency providing the financial assistance or conducting the program/activity enforces Section 504. For additional information on specific Section 504 policies, contact the relevant agency's EEO office.
The Workforce Innovation and Opportunity Act (WIOA) consolidates federal job training and employment programs, including employment and training services for adults, dislocated workers, and youth and Wagner-Peyser employment services administered by the Department of Labor (DOL); and adult education and literacy programs and Vocational Rehabilitation programs for individuals with disabilities administered by the Department of Education (DoED). WIOA's Section 188 prohibits discrimination against individuals with disabilities who apply for, participate in or are employees of any program or organization that receives federal financial assistance under WIOA or that provides programs/activities as part of the One-Stop system.
Additional Information: The Department of Labor's Civil Rights Center enforces Section 188. For additional information, including a self-assessment checklist for covered employers and programs, see the Civil Rights Center's website.
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