The Rehabilitation Act of 1973 - Employment and Section 501

The Rehabilitation Act of 1973, like the Americans with Disabilities Act, prohibits certain employers from discriminating based on disability. Section 501 of the Rehabilitation Act of 1973 applies to federal executive agencies and the United States Post Office.

Section 501 requires an agency or the postal service to provide a reasonable accommodation to a "qualified individual with a disability." A qualified individual with a disability is one who can perform the essential job tasks safely and efficiently, with or without reasonable accommodation. Accommodations are modifications in a job that allow an individual with a disability to perform needed tasks. They are varied in form and may include adaptations of the training site, special aids or devices, part time or modified work schedules, or allowing time off for doctor's visits. For an individual with epilepsy, for example, an accommodation might consist of varying the duty hours of someone who has seizures to conform to a medication schedule or to accommodate the individual's seizure activity, installing a safety device around a piece of machinery, placing a piece of carpet over a concrete floor at the employee's work-site, replacing a flickering light with a steady bulb, switching marginal duties with another employee, or allowing the employee to telecommute.

The employee must request a reasonable accommodation. While you are not required to make the request in writing, it can be helpful; some agencies may have specific forms for you to use. Employers only need to provide those accommodations that do not impose an "undue burden." Whether a particular accommodation will impose an undue burden depends on a variety of factors including the overall size of the employer, the number and the type of facilities, the size of its budget, and the nature and cost of the accommodation needed. An employer is not required to make accommodations that would fundamentally alter the job requirements or the nature of the services offered. It is the employer's responsibility to prove that the accommodation poses an undue burden. If the accommodation the employee requested would pose an undue burden, an employer is still obligated to make those accommodations that would not impose such a burden.

Under Section 501, federal agencies and the postal service are required to comply with the same rules private employers are required to comply with under Title I of the Americans with Disabilities Act. Thus, for example, agencies are prohibited from making disability-related inquiries and pre-employment medical exams prior to making a conditional offer of employment.

Employees or applicants who believe they have been discriminated against by a federal agency have the right to file a complaint with that agency. The first step is to contact an EEO Counselor at the agency within 45 days of the discriminatory action. The individual may choose to participate in either counseling, or in an "alternative dispute resolution" (ADR) process, that is, an informal effort to negotiate, when the agency offers that opportunity. Ordinarily, counseling must be completed within 30 days, and ADR within 90 days. At the end of counseling, or if ADR is unsuccessful, the individual may then file a complaint with the agency. The agency must conduct an investigation of the complaint, unless the complaint is dismissed.

In cases where a hearing is requested, the administrative judge issues a decision within 180 days and sends the decision to both parties. Where discrimination is found, the administrative judge orders appropriate remedies such as back pay, promotion, and/or correction of the personnel record.

If the agency does not issue a final order within 40 days after receiving the administrative judge's decision, the decision becomes the final action of the agency. If the agency issues an order notifying the complainant that the agency will not fully implement the decision of the administrative judge, the agency also must file an appeal at the same time. A dissatisfied complainant may appeal to the Equal Employment Opportunity Commission (EEOC) an agency's final action within 30 days of receipt.

You may also file a lawsuit to protect your rights if dissatisfied with the outcome of this agency complaint process, but only after the procedures described above have been exhausted. The procedures will be considered to have been "exhausted" at different stages of the process. The rules governing this issue state that a lawsuit may be filed in an appropriate federal court: (1) within 90 days of receipt of the final action where no administrative appeal has been filed; (2) after 180 days from the date of filing a complaint if an administrative appeal has not been filed and final action has not been taken; (3) within 90 days of receipt of EEOC's final decision on an appeal; or (4) after 180 days from the filing of an appeal with EEOC if there has been no final decision by the EEOC.

If you believe you have been discriminated against, it is important to follow each step of this complaint process. If you do not, your case may be dismissed from court at a later date. While you are not required to have an attorney to file a complaint, you may wish to consult a local attorney to learn how the law applies in your particular situation and for advice on how to proceed.

For information on obtaining a referral to an attorney in your area that may be able to provide specific advice or representation, please visit the website for the Jeanne A. Carpenter Epilepsy Legal Defense Fund, at http://www.epilepsylegal.org, or call our Information and Referral Service toll free at (800) EFA-1000 ((800) 332-1000). For general legal information about this and other employment discrimination issues, such as reasonable accommodations, safety and the definition of disability, please visit our website at /answerplace/Legal, or call our Information and Referral Service. Alternatively, you may contact the EEOC at (800) 669-4000 (voice) or (800) 669-6820 (TDD), or visit the agency's website.

Updated: July 2005