Rehabilitation Act of 1973 (Section 504)

(29 U.S.C. 791 et seq.)

Section 501 - Employment in federal government

Section 502 - Architectural and Transportation Barriers and Compliance Board

Section 503 - all federal contractors ($2,500+) shall take affirmative action

Section 504 - no "otherwise qualified handicapped individual" shall be excluded from participation in program or activity receiving federal financial assistance ("college, university or other post-secondary institution, or a public system of higher education")

29 U.S.C. § 794

Section 505 - Remedies, procedures and rights follow Title VI of the Civil Rights Act of 1964

Definition

"Handicapped" if he or she:

  1. Has a mental or physical impairment which substantially limits one or more of such person's major life activities;
  2. Has a record of such impairment; or
  3. Is regarded as having such impairment.

"Qualified handicapped individual"

In the Matter of Office of Federal Contract Compliance Programs, U.S. Department of Labor v. Texas Industries, Inc. (Case No. 80-OFCCP-28, Decision and Order dated June 10, 1981)

[Brings] within its orbit even those individuals who actually have no physical or mental impairment but who are merely perceived as being impaired.

Davis V. Bucher, 451 F. Supp. 791 (E.D.Pa. 1978)

Drug addiction is handicap because: