Section 501 Rehab Act Complaint Procedure Go back to Table of Contents Go back to Complaint Procedures Go forward to Section 504 Rehab Act Complaint Procedure Return to Web Version

"What if the employer from which I need an accommodation is the Federal government?" The accessibility of technology within the work environment affects your ability to achieve and maintain employment. Section 501 of the Rehabilitation Act is designed to ensure that employees and potential employees of the executive branch of the Federal government who have disabilities get the accommodations they need to obtain and perform their jobs. The executive branch includes most Federal agencies, and some examples are the Department of Health and Human Services, the Department of Transportation, and the United States Postal Service.

When to use this procedure: You are a person with a disability who works (or who has applied for work) in the executive branch of the Federal government, and you believe that you have encountered employment discrimination because of your disability. This discrimination could involve a lack of reasonable accommodations aimed at facilitating equal access to the job application process, the work environment, or other benefits and privileges of employment. In the context of this guide, a reasonable accommodation would involve acquiring or modifying information or telecommunication technology that would make possible equal access to the tools of your trade.

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 example, if you are a Federal employee with a disability, and you have encountered inaccessible technology on the job, in addition to filing a complaint using the Section 501 procedure, you also can follow the Section 504 complaint procedure (which applies to all programs and activities that are conducted by any Federal executive agency or the United States Postal Service). In the most comprehensive case, if you are a Federal employee with a disability, and you have encountered inaccessible technology on the job that was purchased after June 21, 2001, you can follow all three of the complaint procedures: Section 501, Section 504, and Section 508. See the Section 504 and Section 508 complaint procedures for more information about their applicability.

Products and services that are covered by Section 501:

• Technology that is used to perform your job, such as using your computer, accessing a website or electronic bulletin board on the Internet, or communicating with others by telephone. For example, you might need a TTY if you are deaf, a telephone amplifier if you are hard of hearing, or a screen reader or Braille output on your computer if you are blind.



• Technology that would enable you to enjoy equal benefits and privileges of employment as those enjoyed by employees without disabilities. Benefits and privileges of employment include, but are not limited to, employer-sponsored (1) training; (2) services (e.g., employee assistance programs, credit unions, cafeterias, lounges, gymnasiums, auditoriums, and transportation); and (3) parties or other social functions (e.g., parties to celebrate retirements and birthdays, and company outings).



• Technology that is used during the job application process, such as using a website to complete a job application or an intranet application to perform a test for employment.

Other "fine print":

• Section 501 applies to departments, agencies, and instrumentalities (including the United States Postal Service and Postal Rate Office) in the executive branch of the Federal government.



• Agencies do not have to provide reasonable accommodations 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 provide an accommodation that would require significant difficulty or expense.



• A modification or adjustment is "reasonable" if it "seems reasonable on its face, i.e., ordinarily or in the run of cases;" this means it is "reasonable" if it appears to be "feasible" or "plausible." An accommodation also must be effective in meeting the needs of the individual.



• The Rehabilitation Act was amended in 1992 to apply the standards in the Americans with Disabilities Act (ADA) to complaints of discrimination by federal employees or applicants for employment.



• In general, you must have requested and been denied an accommodation before filing a Section 501 complaint. A denial from a Federal agency must notify the individual of the right to file an EEO complaint. The agency must also identify and explain any agency procedures that are available for informal dispute resolution.

How to proceed with the complaint process:

Contact your immediate manager or other relevant senior management and try to resolve the problem	Provide: A detailed description of the equipment or service that is inaccessible, including company name, model number, type of service, etc. A detailed description of the inaccessible features or functions, including exactly what happens and does not happen Suggestions for improvement
Document your interactions with the employing agency	Dates of conversations, emails, letters or faxes Person(s) with whom you interacted, including their contact information Details of your conversations Copies of emails, letters or faxes
If you cannot resolve the problem by working directly with the employing agency...
Contact the Equal Employment Opportunity (EEO) Counselor in the employing agency	Google search engine (to lookup the agency's EEO counselor) The agency will conduct EEO counseling or offer mediation or another form of alternative dispute resolution. Note: You must initiate contact with the counselor within 45 days of the discriminatory act or within 45 days of when you became aware of it.
If you cannot resolve the issue informally with your agency's EEO Counselor, the agency will give you a Notice of Final Interview, and you will have 15 days from the date of the notice to file a formal complaint.
File a formal complaint with the employing agency	You should provide a signed statement from yourself or your attorney that includes: Your name, address, telephone/TTY number and email address Your attorney's name, address, telephone/TTY number and email address (if you have hired an attorney) Name and address of the Federal agency General description of the action or practice that forms the basis of the complaint Note: The Notice of Final Interview will identify the agency official with whom the complaint must be filed. Once a formal complaint is filed, the matter will either be dismissed or investigated, and you may proceed either to an agency decision or a hearing before an EEOC Administrative Judge.
If you want to appeal the agency's or Administrative Judge's decision…
Complete the EEOC's appeal form	You can find the appeal form at http://www.eeoc.gov/federal/md110/appendixk.html. Note: You may appeal an agency's final action or dismissal of a complaint within 30 days of receipt.
Sign the form and mail it to the EEOC's Office of Federal Operations (OFO)	The Equal Employment Opportunity Commission Office of Federal Operations P.O. Box 19848 Washington, D.C. 20036
The EEOC's decision will be based on a preponderance of the evidence. The decision will also inform you of your right to file a civil action. Prior to filing a civil action under the Rehabilitation Act, you must first complete the administrative process according to the EEOC's regulations (29 CFR Part 1614).

If you are interested in learning more about Section 501 of the Rehab Act, check out these resources:

• The EEOC's guide to The Rehabilitation Act of 1973: Sections 501 and 505



• The EEOC's information on Job Applicants and the Americans with Disabilities Act (which also applies to applicants for Federal employment, who are protected from discrimination by Section 501)



• The EEOC's Policy Guidance On Executive Order 13164: Establishing Procedures To Facilitate The Provision Of Reasonable Accommodation



• The EEOC's Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act (which also applies to Federal sector complaints of non-affirmative action employment discrimination arising under Section 501 of the Rehabilitation Act of 1973)



• The EEOC's Facts About Federal Sector Equal Employment Opportunity Complaint Processing Regulations



• The EEOC's information on the Federal EEO Complaint Processing Procedures



• The EEOC's Regulations concerning Federal Sector Equal Employment Opportunity: 29 CFR Part 1614



• The text of the Rehabilitation Act



• The Department of Justice's Guide to Disability Rights Laws



• The National Council on Disability's position paper called, The Accessible Future

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