ADA Q&A: The Rehabilitation Act and the ADA Connection

by Rachel Parker, Grant Coordinator, Project PRIDE

"The ADA is a promise of opportunity for education, employment, transportation and inclusion, but a promise without action is hollow. That is where rehabilitation comes in to go hand in glove with the ADA to take advantage of all that promise." - Senator Tom Harkin.

Both the Rehabilitation Act of 1973 with its 1992 amendments and the Americans with Disabilities Act of 1990 are civil rights laws that protect individuals with disabilities from discrimination.

However, the Rehabilitation Act also goes beyond providing legal protections. It provides for direct services to people with disabilities which help them to become qualified for employment. Knowledge of how the two laws work together _ where one leaves off and another steps in _ can help individuals with disabilities prepare for success in the work force and advocate for their rights in society.

Q. What is the historical relationship between the two laws?

A. Each law has had an influence on the other. The ADA was influenced by the earlier Rehabilitation Act in several important ways. First, Congress was convinced that the Rehabilitation Act alone was not sufficient to end the widespread discrimination against people with disabilities that exists in this country. Secondly, where courts interpreted the antidiscrimination provisions of Section 504 of the Rehabilitation Act very narrowly, Congress clarified its intention to provide broader protections in the ADA. Finally, much of the ADA is based on Section 504 and its regulations.

In turn, the ADA influenced the Rehabilitation Act during its reauthorization in 1992. In 1992 the Rehabilitation Act was amended to reflect the language, goals and objectives of the ADA. The Rehab Act adopted the ADA's emphasis on integration as its own, and translated the principles and policies of the ADA into government rehabilitation programs for people with disabilities.

Q. What principles and objectives do the 1992 amendments to the Rehabilitation Act and the ADA share?

A. Of critical importance is the assumption that people with disabilities _ including individuals with the most severe disabilities _ can work. This is important because, prior to the ADA, government agencies providing rehabilitative services assumed that most people with severe disabilities were not employable. Now they must assume that individuals with even the most severe difficulties can work, and the burden lies with the state rehabilitation program to prove that they cannot.

The integration of people with disabilities into the mainstream of society is also fundamental to both laws. Separate settings or programs are not acceptable unless necessary to ensure equal benefit.

Q. What is Section 504 of the Rehab Act, and how is it different from the ADA?

A. Section 504 is a civil rights act which protects the civil rights of persons with disabilities. It prohibits discrimination on the basis of disability by the federal government, federal contractors, and by recipients of federal financial assistance. Organizations that receive federal funds are required to make their programs accessible to individuals with disabilities. Although its protections are limited in that they only apply to programs or businesses that receive federal funds, it was an important model for the ADA. Title II of the ADA applies the same requirements to state and local government entities.

The biggest difference is that Section 504 applies to federally funded programs and the ADA applies to state and local government funded programs (Title II). Between the two laws, all government funded programs are covered. Of course, many programs such as school districts receive federal, state and local funds and therefore are covered by both laws at the same time. Title III of the ADA applies civil rights protections for people with disabilities to the private sector. Under the ADA, private businesses and nonprofits must not discriminate against people with disabilities in how they provide their goods and services, and must make themselves accessible when they can afford to do so. Although the ADA's Title III requirements are different than those of Section 504 _ for example, Title III has a lesser standard of burden for the removal of architectural barriers _ Section 504 was an important model for these protections as well.

Q. What are the differing employment provisions of the two laws?

A. The ADA prohibits private sector employers who employ 15 or more people, and all state and local government employers, from discriminating against qualified individuals with disabilities in all aspects of employment. The ADA does not require private employers to have affirmative action programs.

The Rehabilitation Act as amended prohibits discrimination in employment in three areas:
(1) Section 501 prohibits federal executive branch agencies such as the U.S. Postal Service from discriminating against qualified individuals with disabilities. It also requires these agencies to take affirmative action in the hiring, placing and advancing of individuals with disabilities.
(2) Section 503 requires contractors who have contracts with the federal government for $10,000 or more annually to take affirmative action to employ and to advance in employment qualified individuals with disabilities.
(3) Section 504 prohibits recipients of federal financial assistance from discriminating against qualified individuals with disabilities in employment as well as in their other programs and activities.

Q. How do vocational rehabilitation (VR) services provided through the Rehabilitation Act work together with the civil rights protections of the ADA and the Rehab Act to provide employment opportunities for persons with disabilities?

A. Primarily through two important services: job training and job accommodations. The employment provisions of both the ADA and the Rehabilitation Act prohibit discrimination against qualified individuals with disabilities. State vocational rehabilitation programs can fund education and training for individuals with disabilities that help them become qualified for work.

Also, the employment provisions of both the Rehab Act and the ADA require employers to provide reasonable accommodations for qualified individuals with disabilities when it is not an undue hardship for them. Although most accommodations are not expensive or difficult, there are times when employment accommodations may be expensive and beyond the means of an employer. At such times, state vocational rehabilitation programs may be one resource that can help eliminate the financial hardship for an employer by paying for the costs of accommodations that are beyond the employer's own resources. For example, state VR programs may pay for assistive technology such as computers, job coaches necessary for the employment of individuals with severe disabilities, and personal assistance services (which are not considered reasonable accommodations).

Q. How do I find out if I qualify for vocational rehabilitation services under the Rehab Act?

A. The first step is to apply for services at the appropriate agency. Contact your state parent training and information center for the number of your state vocational rehabilitation agency. After you apply for services, the agency will determine if you are eligible. In order to be eligible, you may need to provide documentation of your disability; and you must need vocational rehabilitation services in order to get or keep a job that is commensurate with your interests, priorities, strengths and capabilities. Once eligibility is determined you will be assigned a priority status based on the severity of your disability. Then they will assess what your needs might be in order for you to work. It is important to note that this process cannot take more than 60 days unless you agree to an extension.

The rehabilitation needs of elementary school and high school students should be met by the school system. However, if you are a transition age youth (16 to 22) with a disability and are likely to need vocational rehabilitation services after you graduate, it is important that you, your parents and your school teacher or advisor establish a relationship with a VR counselor to make sure that your goals for working and living independently begin to be addressed before you leave high school.

Q. What do I do if I feel that my rights are not being respected?

A. If you feel that your rights under the Rehabilitation Act are not being met, you can call the Client Assistance Project in your state. They can help you with information, advocacy or with an appeal procedure.

If you have an ADA complaint, you can contact the Equal Employment Opportunity Commission in Washington, DC at 800-669-4000.

Q. Where do I get more information about the services offered through the Rehab Act?

A. If you would like more information about the provisions of the Rehabilitation Act or how to access services provided contact your state Client Assistance Program. If you have questions about the Americans with Disabilities Act, contact your Regional Disability and Business Technical Assistance Center at 1-800-949-4232.

The Project PRIDE Center of Expertise receives support from the TATRA Project to strengthen its expertise and build a resource library on this topic in order to serve as an information and referral resource to parent training projects funded by the Rehabilitation Services Administration. In addition, the Center will develop materials on current issues of interest that can be used by other parent training and information centers to enhance vocational rehabilitation services and employment outcomes for adults and young adults with disabilities.

ADA Resource List

Government & Disability Agencies with ADA Resources

Equal Employment Opportunity Commission
1801 L Street NW, 4th Floor
Washington, DC 20507
(202) 663-4900
1-800-669-4000 (to be connected with the Field Office nearest you)
This federal agency is responsible for writing and enforcing ADA Title I employment rules. The EEOC produces a variety of ADA publications free of charge including: Information for the Private Sector (Spanish); Equal Employment to the Law (Poster-Chinese); ADA Technical Assistance Manual and Resource Manual; and an ADA Resource Kit.

U.S. Department of Justice
Civil Rights Division
P.O. Box 66738
Public Access Section
Washington, DC 20035-6738
Information Hotline: 1-800-514-0301 (Voice)
1-800-514-0383 (TTY)
Public Access Section number: (202) 307-0663 (V/TTY)
1-800-877-8339 (TTY)
This agency develops regulations and technical standards for Title III of ADA. It offers an automated information line providing summaries of Title II and Title III and telephone numbers of federal agencies that provide assistance with the Act. Publications can be ordered via the automated line. Operators are available weekdays 10:00 a.m. - 6 p.m. EST, except Thursday when operators are available from 1:00 p.m. - 6 p.m. EST. The automated portion of the hotline is available 24 hours a day, seven days a week.

National Rehabilitation Information Center (NARIC)
8455 Colesville Road, Suite 935
Silver Spring, MD 20019-3319
Nationwide: (800) 227-0216 (V/TTY)
D.C. Metropolitan area: (301) 588-9284
This federally funded center uses a nationwide database to make referrals for people with disabilities who are seeking rehabilitation.

President's Committee on Employment of People with Disabilities
1331 F Street NW
Washington, DC 20004
1-800-ADA-WORK (V/TTY) (9:00 am - 5:00 pm EST)
(202) 376-6205 (TTY)
Offers extensive information and educational programs on employing people with disabilities, and general information on assistive technology. For technical assistance on job accommodations, operators are available Monday through Thursday, 8:00 am - 8:00 pm EST, Friday 8:00 am - 5:00 pm.

Job Accommodation Network
West Virginia University
809 Allen Hall
P.O. Box 6123
Morgantown, WV 26506
1-800-526-7234 (U.S. other than WV - V/TTY)
1-800-526-4709 (WV - V/TTY)
1-800-526-2262 (Canada - V/TTY)
The Network has information on how to make accommodations for particular limitations. Free service.

National Organization on Disability
910 16th Street NW, Suite 600
Washington, DC 20006
(202) 293-5960 (Voice)
(202) 293-5968 (TTY)
This organization distributes information on the ADA and offers camera-ready copies of public service announcements promoting changes consistent with the ADA.

Regional Disability and Business Technical Assistance Centers providing information on the ADA can all be reached by calling 1-800-949-4232

Region #1 (CT, ME, MA, NH, RI, VT)
New England DBTAC
145 Newberry Street
Portland, ME 04101
(207) 874-6535 V/TTY

Region #2 (NJ, NY, PR, VI)
Northeast DBTAC
United Cerebral Palsy Association of New Jersey
354 South Broad Street
Trenton, NJ 08608
(609) 392-4004 Voice
(609) 392-7044 TTY

Region #3 (DE, DC, MD, PA, VA, WV)
Mid-Atlantic DBTAC
Independence Center of Northern Virginia
2111 Wilson Boulevard, Suite 400
Arlington, VA 22201
(703) 525-3268 (V/TTY)

Region #4 (AL, FL, GA, KY, MS, NC, SC, TN)
Southeast DBTAC
Center for Rehabilitation Technology at Georgia Tech
490 Tenth Street
Atlanta, GA 30318
404-385-0636 Voice
800-949-4232
404-385-0641 TTY

Region #5 (IL, IN, MI, MN, OH, WI)
Great Lakes DBTAC
University of Illinois at Chicago/UAP
1640 West Roosevelt Road M/C627
Chicago, IL 60608
(312) 413-7756 V/TTY

Region #6 (AR, LA, NM, OK, TX)
Southwest DBTAC
Independent Living Research Utilization/The Institute for Rehabilitation and Research
2323 South Shepard Street, Suite 1000
Houston, TX 77019
(713) 520-0232 Voice
(713) 520-5136 TTY

Region #7 (IA, KS, NB, MO)
Great Plains DBTAC
University of Missouri at Columbia
4816 Santana Drive
Columbia, MO 65203
(314) 882-3600 V/TTY

Region #8 (CO, MT, ND, SD, UT, WY)
Rocky Mountain DBTAC
Meeting the Challenge, Inc.
3630 Slinton Road, Suite 103
Colorado Springs, CO 80907-5702
(719) 444-0252 V/TTY

Region #9 (AZ, CA, HI, NV, Pacific Basin)
Pacific DBTAC
Berkeley Planning Associates
440 Grand Avenue, Suite 500
Oakland, CA 94610
(510) 465-7884 Voice
(510) 465-3172 TTY