- Sections 501 and 505
- Employment of Individuals with Disabilities
- Remedies and Attorneys' Fees
EDITOR'S NOTE: The following is the text of Sections 501 and 505 of the Rehabilitation Act of 1973 (Pub. L. 93-112) (Rehab. Act), as amended, as these sections will appear in volume 29 of the United States Code, beginning at section 791. Section 501 prohibits employment discrimination against individuals with disabilities in the federal sector. Section 505 contains provisions governing remedies and attorney's fees under Section 501. Relevant definitions that apply to sections 501 and 505 follow these sections. Section 512 of the Americans with Disabilities Act of 1990 (Pub. L. 101-336) (ADA) and the Rehabilitation Act Amendments of 1992 (Pub. L. 102-569) amended definitions applicable to the Rehab. Act. In addition, section 102 of the Civil Rights Act of 1991 (Pub. L. 102-166) (CRA) (which is printed elsewhere in this publication) amended the statutes by adding a new section following section 1977 (42 U.S.C. 1981), to provide for the recovery of compensatory and punitive damages in...
SEC. 705 [Section 7] For the purposes of this chapter: * * * (10) Drug and illegal use of drugs * * * (20) Individual with a disability (B) Certain programs; limitations on major life activities Subject to subparagraphs (C), (D), (E), and (F), the term "individual with a disability" means, for purposes of sections 701, 711, and 712 of this title and subchapters II, IV, V, and VII of this chapter [29 U.S.C. §§ 760 et seq., 780 et seq., 790 et seq., and 796 et seq.], any person who has a disability as defined in section 12102 of Title 42. (C) Rights and advocacy provisions (i) In general; exclusion of individuals engaging in drug use For purposes of subchapter V of this chapter [29 U.S.C. § 790 et seq.], the term "individual with a disability" does not include an individual who is currently engaging in the illegal use of drugs, when a covered entity acts on the basis of such use. (ii) Exception for individuals no longer engaging in drug use Nothing in clause (i) shall be construed to...
SEC. 791. [Section 501] (a) Interagency Committee on Employees who are Individuals with Disabilities; establishment; membership; co-chairmen; availability of other Committee resources; purpose and functions There is established within the Federal Government an Interagency Committee on Employees who are Individuals with Disabilities (hereinafter in this section referred to as the "Committee"), comprised of such members as the President may select, including the following (or their designees whose positions are Executive Level IV or higher): the Chairman of the Equal Employment Opportunity Commission (hereafter in this section referred to as the "Commission"), the Director of the Office of Personnel Management, the Secretary of Veterans Affairs, the Secretary of Labor, the Secretary of Education, and the Secretary of Health and Human Services. Either the Director of the Office of Personnel Management and the Chairman of the Commission shall serve as co-chairpersons of the Committee or...
SEC. 794a. [Section 505] (a)(1) The remedies, procedures, and rights set forth in section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16), including the application of sections 706(f) through 706(k) (42 U.S.C. 2000e-5(f) through (k)) (and the application of section 706(e)(3) (42 U.S.C. 2000e-5(e)(3)) to claims of discrimination in compensation), shall be available, with respect to any complaint under section 791 of this title, to any employee or applicant for employment aggrieved by the final disposition of such complaint, or by the failure to take final action on such complaint. In fashioning an equitable or affirmative action remedy under such section, a court may take into account the reasonableness of the cost of any necessary work place accommodation, and the availability of alternatives therefore or other appropriate relief in order to achieve an equitable and appropriate remedy. (2) The remedies, procedures, and rights set forth in title VI of the Civil Rights Act of...
Apr 18, 2018 · What Is the Rehabilitation Act? The Rehabilitation Act of 1973 prohibits discrimination based on a person’s disability in any program or activity that receives federal funding. It also covers disability discrimination in employment with federal agencies, in programs that are conducted by federal agencies, and with federal contractors.
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- Section 501
- Section 503
- Section 504
- Section 508
Section 501 of the Rehab Act prohibits employment discrimination against qualified individuals with disabilities in the federal sector, including the U.S. Postal Service, the Postal Regulatory Commission and the Smithsonian Institution. It does not require these entities to have a minimum number of employees at the worksite to be covered. Section 501 is administered by individual agencies’ Equal Employment Opportunity office. In February 2016, the U.S. Equal Employment Opportunity Commission published a Notice of Proposed Rulemaking on Section 501. The rule consolidates existing requirements from a variety of sources and sets goals for federal agency workforces of 12 percent representation for individuals with disabilities and 2 percent for individuals with “targeted” disabilities, measures facilitated by inviting applicants and employees to voluntarily self-identify. To learn more about the new rule, read EARN’s Section 501 policy brief or visit the EARN 501 Info Center.
Section 503 of the Rehab Act prohibits employers with federal contracts (or subcontracts) from discriminating against applicants and employees with disabilities and requires affirmative steps to hire, retain and promote qualified individuals with disabilities. The non-discrimination provisions apply to all companies with contracts in excess of $10,000, while the affirmative action provisions apply to companies with 50 or more employees and contracts of $50,000 or more. In 2014, updates to Section 503 strengthened its affirmative action requirements, creating, for the first time ever, a 7 percent representation goal. They also set a requirement that employers must invite applicants and employees to self-identify as people with disabilities (applicants at both the pre- and post-offer stage and employees every five years). Section 503 is administered by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP). OFCCP offers extensive information about its re...
Section 504of the Rehab Act prohibits discrimination against qualified individuals with disabilities by any program or activity receiving federal financial assistance or by any program or activity conducted by a federal executive agency or the U.S. Postal Service. For programs or activities receiving federal financial assistance, there is no minimum threshold for coverage. Furthermore, there is no requirement that recipients or executive agencies have a certain number of employees. Section 504 protects not only qualified individuals with disabilities who apply to and participate in such programs, but also job applicants and employees of the organizations that provide them. Each federal agency issues, administers and enforces its own set of Section 504 regulations tailored to its programs, although all such regulations share common requirements.
Section 508 of the Rehab Act addresses information technology. Specifically, it requires federal agencies’ information and communications technology to be accessible to people with disabilities—including not only members of the public but also employees. While Section 508 only applies to federal agencies, many private employers have adapted its standards as a way to ensure their technology infrastructure is accessible. The Partnership on Employment and Accessible Technology, which is funded by the U.S. Department of Labor Office of Disability Employment Policy, provides a wealth of guidance for employers on how to “think accessible” when it comes to technology, including a guide for employers and TalentWorks, an online tool that can help employers and human resources professionals ensure their online job applications and other eRecruiting technologies are accessible to job seekers with disabilities.
Rehabilitation Act An act passed by the US Congress in 1973 which prohibits discrimination on the basis of disability in programs conducted by Federal agencies, in programs receiving Federal financial assistance, in Federal employment, and in the employment practices of Federal contractors.
During the 2013 legislative session, the Minnesota Legislature amended the Criminal Offenders Rehabilitation Act to prohibit private employers from seeking criminal history information prior to interviewing a candidate or extending a conditional job offer.
The term “illegal use of drugs” means the use of drugs, the possession or distribution of which is unlawful under the Controlled Substances Act [21 U.S.C. 801 et seq.]. Such term does not include the use of a drug taken under supervision by a licensed health care professional, or other uses authorized by the Controlled Substances Act or ...
Jul 03, 2017 · Criminal Law (Rehabilitation of Offenders) Act 1986 Page 4 Current as at 3 July 2017 Authorised by the Parliamentary Counsel (c) a conviction recorded by a court in respect of the allegation is to be deemed, pursuant to law, not to be a conviction. conviction means a conviction by or before any court for an
- Specific and General Deterrence. Deterrence prevents future crime by frightening the defendant or the public. The two types of deterrence are specific and general deterrence.
- Incapacitation. Incapacitation prevents future crime by removing the defendant from society. Examples of incapacitation are incarceration, house arrest, or execution pursuant to the death penalty.
- Rehabilitation. Rehabilitation prevents future crime by altering a defendant’s behavior. Examples of rehabilitation include educational and vocational programs, treatment center placement, and counseling.
- Retribution. Retribution prevents future crime by removing the desire for personal avengement (in the form of assault, battery, and criminal homicide, for example) against the defendant.
Dec 06, 2010 · Post-Sentencing Rehabilitation as a Factor in Sentencing Variations. Both Pepper and the United States disagree with the Eighth Circuit’s decision to categorically prohibit consideration of post-conviction rehabilitation when determining whether a defendant is entitled to a variance from the Federal Sentencing Guidelines.