MDA’s Guide to the Rehabilitation Act of 1973

The Rehabilitation Act of 1973 (Rehab Act) laid the foundation for disability civil rights in the United States, serving as the first major federal law to prohibit disability-based and establish accessibility requirements in federally funded programs and services.

For people living with neuromuscular diseases and other disabilities, the Rehab Act helped transform access to education, employment, healthcare, technology, and government services. Many of the rights people with disabilities rely on today can be traced back to this legislation.

Although the Americans with Disabilities Act of 1990 (ADA) is more widely recognized, disability advocates describe the Rehab Act as the basis upon which modern disability rights protections were built.

“The Rehab Act is the grandfather of all disability laws,” says Joel Cartner, Director of Access Policy at MDA. “If you live with a disability and want to know your rights, it’s a good idea to start with the Rehab Act and familiarize yourself with that law.”

What is the Rehab Act?

The Rehab Act contains several sections, but the most influential is Section 504, which prohibits disability discrimination by any organization that receives federal financial assistance.

“That anti-discrimination language, which was drawn from the Civil Rights Act of 1964, is limited to entities that receive federal funds,” says Shannon Wood, Director of Disability Policy at MDA. “But that includes so much of society that you end up casting a wide net with that language.”

Because many schools, hospitals, universities, healthcare providers, transportation systems, and public agencies receive federal funding, the Rehab Act reaches into nearly every aspect of daily life.

Audrey Busch, Director of Government Affairs for the Association of Assistive Technology Act Programs, says that the Rehab Act was transformative because it established that accommodations and accessibility are rights, not privileges.

Who is protected?

The Rehab Act protects individuals with disabilities who interact with federally funded programs or federal agencies.

An individual with a disability is a person who:

• Has a physical or disability that substantially limits one or more major life activities
• Is regarded as having such a disability
• Has a history of having such a disability

For people living with disabilities that are not always apparent, these protections can be especially important. The law helps ensure equal access to healthcare, education, employment opportunities, public services, assistive technology, and digital information.

Key parts of the Rehab Act

The Rehab Act is a complex law with several hundred subsections, including some that have been added over the years. Here are key sections.

Section 501: Federal employment

Section 501 prohibits disability discrimination within the federal workforce and requires federal agencies to provide equal employment opportunities, ensuring equal access to hiring, advancement, training, and other employment opportunities. This applies across the federal government, including agencies such as the Department of Veterans Affairs, the Social Security Administration, the Department of Education, the Department of Health and Human Services, and the National Institutes of Health.

The ADA expanded similar protections to private employers and state and local governments. In short, Section 501 helped lay the foundation for the broader employment protections that later became part of the ADA.

Section 503: Employment by federal contractors

Section 503 prohibits employers with federal contracts exceeding $15,000 from discriminating against their employees on the basis of disability and requires employers with 50 or more employees and a contract exceeding $50,000 to maintain an affirmative action program to employ and advance qualified people with disabilities.

Shannon says this section is often overlooked but more impactful than many realize. “There are a ton of organizations and companies that have federal contracts with the government,” she explains, including Dell, Boeing, UnitedHealth Group, Deloitte, and more. “A lot more people are protected by section 503 than is generally appreciated.”

Because many of the nation’s largest employers hold federal contracts, Section 503 plays a significant role in promoting disability-inclusive hiring and employment practices.

Section 504: Nondiscrimination in federally funded programs

Section 504 is widely considered the centerpiece of the Rehab Act and prohibits discrimination against people with disabilities in all public programs receiving federal funding.

This generally includes:

• Public schools
• Colleges and universities
• Hospitals and healthcare systems
• Housing programs
• Transportation services
• State and local government programs

Section 504 is often most visible in education through 504 plans, which provide accommodations that help students with disabilities fully participate in school. This section also applies to students’ parents, ensuring that a parent with a disability has accommodations to access materials and information.

Section 504 also plays a major role in healthcare because most hospitals, health systems, clinics, and healthcare providers receive federal funding through programs such as Medicare and Medicaid. For patients with disabilities, that can mean accessible entrances and exam rooms, height-adjustable exam tables, wheelchair-accessible scales, and other accommodations that help ensure equal access to care.

Section 508: Digital accessibility

Advocates are increasingly pointing to Section 508 as one of the most important provisions for the future. It requires agencies to make electronic information technology accessible to people with disabilities. While this only applies to federal agencies, many other agencies and organizations look at their accessibility standards as a model.

Allison Nichol, Director of Legal Advocacy at the Epilepsy Foundation of America, refers to the internet as “the new built environment.” Just as earlier efforts focused on building ramps, elevators, curb cuts, and accessible entrances, today’s advocates are working to ensure that websites, mobile apps, kiosks, and digital services are also accessible to everyone.

“Section 508 sets the digital accessibility standards for federal agencies,” Audrey says. “It requires them to ensure that their websites, electronic documents, software, and other digital tools are accessible to people with disabilities. While the law applies directly to federal agencies and the vendors that work with them, it has also influenced state governments and private organizations by establishing a widely adopted benchmark for digital accessibility.”

These standards include image descriptions, video captions, clear text, and other features that are accessible to people who can’t see well, can’t hear well, have trouble using a mouse or typing, and use screen readers.

Audrey adds that the government has refreshed Section 508 — most recently in 2018 — to keep it current, as websites and internet-based programs continue to evolve. “It’s critical for accessing social security benefits, Medicaid portals, federal job applications, and really any type of government form online,” she adds.

However, technology moves faster than regulations. “New products or technologies are not always accessible,” says Alicia Epstein, Co-Chair of the CCD Employment and Training Task Force. Often, she notes, new features may not comply with existing regulations.

This is why it’s important to know the law and recognize when it isn’t being followed. “Unfortunately, the onus falls on community members to point out when closed captioning isn’t working or if a digital kiosk isn’t accessible during medical appointments,” Joel says.

As more services move online, Section 508 has become increasingly essential in ensuring equal access to information and communication.

Asserting your rights

“Passing a civil rights statute, while a monumental undertaking, is always just a vital beginning,” Allison says. “Passage of the Rehab Act, including Section 504, created fundamental changes, from a medical model of disability to a civil rights-bearing model. It has been under attack since then. That is why it is vital to protect Section 504 for this and future generations.”

If you believe your rights under the Rehabilitation Act have been violated, you can file a complaint with the federal agency responsible for funding or overseeing the program involved.

For example:

• Education-related complaints can be filed with the US Department of Education Office for Civil Rights.
• Healthcare-related complaints may be filed with the US Department of Health and Human Services Office for Civil Rights.
• Federal employment complaints generally go through the Equal Employment Opportunity Commission.

“It’s exceptionally important that there is a clear, written accommodation request and that clear documentation and communication between the entities is documented, with the incident clearly spelled out,” Audrey says.

When pursuing a complaint, be sure to maintain written records, accommodation requests, emails, and other documentation.

Ultimately, though, enforcement remains one of the law’s biggest challenges. “The Rehab Act is only as strong as our willingness to continue enforcing it,” Shannon explains.

Both Joel and Shannon stress that adequately staffing federal civil rights offices is essential. Without investigators, attorneys, and enforcement personnel, people with disabilities may struggle to obtain timely resolutions.

Allison adds that enforcement conditions have worsened in recent years, with reductions in staff to handle potential violations. “I’m now telling people to try and seek redress under state laws,” she says.

That includes contacting protection and advocacy (P&A) organizations, disability rights groups, legal aid programs, or MDA’s Advocacy Team for guidance. These organizations can often help individuals understand their rights and identify the appropriate complaint process.

Broadly speaking, Joel says awareness remains one of the most important tools available to the disability community. Many people simply do not realize that the protections in the Rehab Act exist or understand how to enforce them.

“It is still very much an ableist world. There is still a lot of stigma and bias that need to be confronted,” Shannon says. In addition, the process of filing a complaint can be hard to navigate. “I want readers to know they’re not alone in navigating this process — that the MDA Resource Center is available to provide one-on-one support, and the MDA Advocacy Team is always willing to have those conversations and point people in the right direction.”

Rehab Act resources

The following resources can help people learn more about the Rehab Act, understand their rights, and seek assistance if they experience discrimination.

Federal resources:

• US Department of Education Office for Civil Rights (OCR)
• US Department of Health and Human Services Office for Civil Rights
• Equal Employment Opportunity Commission (EEOC)
• gov

Advocacy and legal resources:

• State Protection and Advocacy (P&A) Systems
• Disability rights organizations in your state
• Legal aid organizations and disability law clinics
• The MDA Advocacy Action Center has information about current issues and how you can get involved in advocating for public policies that support people with disabilities.
• The MDA Resource Center can help connect individuals and families with disability rights resources and support organizations. Contact them through the MDA Resource Center at 833-ASK-MDA1 or ResourceCenter@mdausa.org.