Definition of Disability under the Rehabilitation Act
What is the Rehabilitation Act? How does it define “Disability”?
The Rehabilitation Act of 1973 prohibits discrimination based on a person’s disability in programs that receive Federal funding. It also covers disability discrimination in employment with Federal agencies, in programs that are conducted by Federal agencies, and in Federal contractor practices.
Section 504 of the Rehabilitation Act defines disability as any physical or mental impairment that “substantially limits one or more major life activities”. Further, the individual claiming disability must have a record of their specific impairment, or they must be regarded as having the stated impairment.
The Rehabilitation Act does not list specific illnesses due to the difficulty of creating an all-inclusive list of impairments. However, some impairments that qualify for disability under Section 504 include:
- Physiological disorders such as hearing impairments, vision impairments, and impairments of motor functions
- Neurological disorders such as multiple sclerosis or muscular dystrophy
- Psychological disorders, for example learning disabilities or mental illness
Since the Rehabilitation Act does not list any specific illnesses, the deciding factor in determining disability is whether the impairment limits the person’s major life activities, such as performing manual tasks, working, walking, speaking, or breathing. The claimant may use a variety of documents such as medical records in support of their claims.
What is the difference between the Rehabilitation Act and other disability Acts?
Basically, the Rehabilitation Act covers situations wherein Federal grant money is involved. This covers discrimination in programs that are federally funded, whether they are operated by public or private institutions.
The other major disability act is the Americans with Disabilities Act (ADA). The ADA also covers public entities and some private entities. These entities need not involve Federal funding; therefore the ADA is somewhat broader in coverage than the Rehabilitation Act. The ADA is commonly applied in public educational institutions such as public preschools, elementary and secondary schools. ADA also covers public transportation, as well as public places of recreation.
Title II of the ADA defines individuals with a disability in basically the same way as the Rehabilitation Act- an individual with any physical or mental impairment that “substantially limits” one or more major life activities; any record of such impairment; or, the person is regarded as being impaired as such.
Therefore, if a person is classified as disabled under the Rehabilitation Act, they will also likely be classified similarly under the ADA.
Should I Contact a Lawyer for a Disability Claim?
Proving a disability discrimination claim can involve a review of several factors, since not all disabilities are the same. If you feel that you have been discriminated against based on a disability, you may wish to speak with a disabilities lawyer for advice. Your attorney may be able to help you assemble the documents required for filing a claim. Also, a seasoned lawyer can advise you on the details of the various disabilities acts that may apply to your claim.
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Last Modified: 03-11-2011 02:01 PM PST
