Introduction

History of Discrimination

IDEA

Section 504

ADA

Conclusion

Back to Units

Back to Home

This law was put into effect in 1973 and extended civil rights to people with disabilities. Basically, this is an anti-discrimination clause that was included within a broader piece of legislature titled the Rehabilitation Act of 1973. Section 504 states that no person can be discriminated against or excluded, or denied benefits from any institution, program, or activity receiving federal funds. This law helped open the door for people with disabilities to many different settings including, schools, and places of employment.

This law also required that necessary supports be made available for those who may need them. This does not mean that a school or an employer must have all necessary supports at all times, just that a person can not be excluded due to the lack of supports. Section 504 does not actually provide funds for people with disabilities; instead, it ensures that those who do receive federal monies can not discriminate against people with disabilities. This law is very similar (in fact the wording is almost identical) to the Civil Rights Act of 1964 (the prohibition of discrimination based on race, national origin, or color).

Who exactly is protected under Section 504? There are three categories that are represented by Section 504. These categories are:

1. Any person who has a physical or mental impairment that significantly limits one or more of his or her major life activities

2. Any person who has a record of such an impairment

3. Any person who is regarded as having such an impairment

The first two points are fairly straight forward. But what about this last point—anyone who is regarded as having a physical or mental impairment? You may be wondering what this means. If a person fits into this category, that person may be covered under Section 504 even if he or she does not actually have a disability. That is, individuals may have physical or mental impairments that don’t actually limit their functioning in any way, but because of the impairment, they are treated as if their functioning is limited. Or, a person may not have any kind of impairment whatsoever, but is treated as if he or she does. For example, a person who has been the victim of burn injuries and therefore has major visible scarring, may be treated by others as if he or she has a disability based on his or her appearance—even if that person, in fact, has no disability at all.

The purpose of this category of Section 504 is to protect those at risk of being perceived as having a disability simply because of stereotypical beliefs and reactions of others.
Now let’s move on the Americans with Disabilities Act (ADA). It is extremely similar to Section 504 - with one major difference. Please continue to learn more.