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Section 504 Rehab Act Complaint Procedure Go back to Table of Contents Go back to Complaint Procedures Go forward to Section 508 Rehab Act Complaint Procedure Printable Version |
| "If something is being funded by the Federal government,
shouldn't it be accessible to everyone?" It is the stated intent of the Federal government that all of its programs and activities should be available to all citizens. Discrimination on the basis of disability is not allowed. Activities and programs provided by a Federal executive agency or anyone receiving Federal financial assistance are governed by Section 504 of the Rehabilitation Act. |
When to use this procedure: You are a person with a disability who has been denied the benefits of, or been subjected to discrimination under any program or activity that either receives Federal financial assistance or is conducted by any Federal executive agency or the United States Postal Service. In the context of this guide, your inability to participate in the program or activity would be due to the use of inaccessible information or telecommunication technology.
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Note: There is some overlap in the applicability of Sections 501,
504, and 508 of the Rehab Act. In certain cases, you should follow multiple complaint procedures to take
advantage of all legal remedies available to you.
For instance, if you are a Federal employee with a disability who has encountered inaccessible technology on the job, you should consider filing (1) a Section 501 complaint, (2) a Section 504 complaint and (3) a Section 508 complaint (if the inaccessible technology was purchased after June 21, 2001). If you are not a Federal employee but Section 504 seems to apply to your situation, you also should consider filing a Section 508 complaint if the inaccessible technology was purchased after June 21, 2001. The main difference between Section 504 and Title II of the ADA is that one applies to the recipients of grants from the Federal government (Section 504) and the other applies only to state and local public entities (Title II). As an example, a school or college may be both a recipient of Federal funds from the U.S. Department of Education and also a public entity. In such cases, the institution is covered by both laws, and you should consider pursuing both complaint procedures. |
Products and services that are covered by Section 504:
- All programs and activities that are conducted by any Federal executive agency or the United States Postal Service
- All programs and activities that receive Federal financial assistance. For example, virtually all public school districts are covered by Section 504 because they receive some Federal financial assistance. Most public and private colleges and universities receive some type of Federal financial assistance also.
- The law also highlights organizations that are "principally engaged in the business of providing education, health care, housing, social services, or parks and recreation."
Other "fine print":
- Each Federal agency has its own set of Section 504 regulations that apply to its own programs and to the entities that receive Federal aid from them. These regulations generally include requirements for reasonable accommodation for employees with disabilities; program accessibility; effective communication with people who have hearing or vision disabilities; and accessible new construction and alterations.
- One of the main differences between Section 504 and Section 508 of the Rehab Act is that Section 508 applies only to Federal departments and agencies and the United States Post Office, while Section 504 applies to all recipients of Federal funding.
- Section 504 may also be enforced through private lawsuits. It is not necessary to file a complaint with a Federal agency or to receive a "right-to-sue" letter before going to court.
- An agency does not have to provide an accommodation that would impose an undue hardship on the operation of the agency. In determining an undue hardship, the Federal agency is required to weigh the cost and type of the accommodation against the size, budget, and nature of the agency. The agency need not make an accommodation that would require significant difficulty or expense.
How to proceed with the complaint process:
| Build and document your case |
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| Contact the Federal agency providing the funds for the program or activity and find out how to register a complaint | |||||||||
| Follow the agency's specific procedures | Each Federal agency is responsible for enforcing its own regulations. Often agencies have internal
offices that are specifically dedicated to resolving complaints based on discrimination, including
discrimination on the basis of disability. You also may contact the U.S. Department of Justice for more information on how to file 504 complaints:
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If you are interested in learning more about Section 504 of the Rehab Act, check out these resources:
- The Department of Justice's Guide to Disability Rights Laws
- The text of the Rehabilitation Act
- Text of Section 504 at GSA's section508.gov website
- The National Council on Disability's position paper called, Rehabilitating Section 504
- The Department of Education's Overview of Disability Discrimination
- FCC's Section 504 Handbook
Go back to Table of Contents Go back to Complaint Procedures Go forward to Section 508 Rehab Act Complaint Procedure Printable Version
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Information Technology Technical Assistance and Training Center
Center for Assistive Technology and Environmental Access
Georgia Institute of Technology
490 10th Street NW · Atlanta, GA 30318
Telephone: 1-800-726-9119 (Voice/TTY) · Fax: 404-894-9320 · Email: ittatc@ittatc.org
Information Technology Technical Assistance and Training Center
Center for Assistive Technology and Environmental Access
Georgia Institute of Technology
490 10th Street NW · Atlanta, GA 30318
Telephone: 1-800-726-9119 (Voice/TTY) · Fax: 404-894-9320 · Email: ittatc@ittatc.org