SECTION 504 OF THE REHABILITATION ACT OF 1973

  • WHAT IS SECTION 504?

    “No otherwise qualified individual with handicaps in the United States shall, solely by reason of her or his handicap, as defined in section 706 (8) of this title, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal Service.” (29 U.S.C. Sec.794)

    DEFINITIONS:

    Individual with handicaps

    ...“ any individual who

    (i) has a physical or mental impairment which substantially limits one or more of such person’s major life activities,

    (ii) has a record of such impairment, or

    (iii) is regarded as having such an impairment.”

    (29 U.S.C. Sec. 706 (8))

    Physical or mental impairment

    …“(A) any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory; including speech organs; cardiovascular; reproductive; digestive; genitor-urinary; hemic and lymphatic; skin; and endocrine; or

    (B) any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.”

    (34 Code of Federal Regulations Part 104.3)

    Major life activities

    “…functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.”

    (34 Code of Federal Regulations Part 104.3)

    Has a record of such an impairment

    “…has a history of, or has been classified as having, a mental or physical impairment that substantially limits one or more major life activities.”

    Is regarded as having an impairment

    “…(A) has a physical or mental impairment that does not substantially limit major life activities but is treated by a recipient as constituting such a limitation;

    (B) has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairments; or

    (C) has none of the impairments defined but is treated by a recipient as having such an impairment.”

    (34) Code of Federal Regulations Part 104.3)

     

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