Rehabilitation Act & Section 504

Section 504 of the Rehabilitation Act of 1973 is the original federal disability civil rights law — enacted 17 years before the ADA, establishing the foundational principle that no qualified individual with a disability shall be excluded from any program receiving federal financial assistance. Under 29 U.S.C. § 794, this prohibition reaches every entity that accepts federal money: public schools, colleges and universities, hospitals, social service agencies, and state and local government programs — making it broader in some respects than the ADA, which applies to employers with 15+ employees. The covered entity must provide reasonable accommodations to allow participation, unless doing so would constitute an undue hardship or fundamentally alter the program. The companion provision, Section 508 (29 U.S.C. § 794d), requires all federal agencies to make their electronic and information technology accessible to people with disabilities — the legal foundation for federal website accessibility requirements and a growing source of litigation across digital services. Enforcement is divided: DOE's Office for Civil Rights handles education programs; individual agencies handle their own programs; DOJ coordinates government-wide. Private individuals may sue directly, with remedies including injunctive relief, compensatory damages, and attorney fees.

Current Law (2026)

Legal Authority

• 29 U.S.C. § 794 (Section 504) — Nondiscrimination under federal grants and programs (no otherwise qualified individual with a disability shall, solely by reason of their disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance or conducted by any executive agency or the U.S. Postal Service)
• 29 U.S.C. § 794a — Remedies and attorney fees (remedies, procedures, and rights available under Title VI of the Civil Rights Act apply to Section 504 violations; reasonable attorney fees awarded to prevailing parties)
• 29 U.S.C. § 794d (Section 508) — Electronic and information technology (federal agencies must ensure that electronic and information technology developed, procured, maintained, or used is accessible to people with disabilities, including employees and members of the public)

How It Works

Section 504 of the Rehabilitation Act is the foundation of federal disability rights law — enacted 17 years before the ADA, it was the first major federal civil rights protection for people with disabilities and remains critically important because it covers every program that receives federal funding. That scope is enormous: virtually every public school district and college (through federal education funding), every hospital participating in Medicare or Medicaid, state and local government programs funded by federal grants, nonprofits receiving federal funding, and federal contractors are all covered. The ADA (1990) extended disability nondiscrimination further into the private sector (Title I: employment; Title II: state/local government; Title III: public accommodations), and the two statutes are largely harmonized in their definitions of disability, qualified individual, and reasonable accommodation — but Section 504 requires federal financial assistance as its trigger, while the ADA applies regardless of federal funding. Section 504 has its greatest practical impact in education: every public school must provide a free appropriate public education (FAPE) to qualified students with disabilities, and students who don't qualify for special education under IDEA may still get a Section 504 plan — accommodations such as extended test time, preferential seating, modified assignments, and health-related accommodations that let them access education on an equal basis. Section 504 is broader than IDEA: it covers more students and applies from preschool through postsecondary education.

Beyond education, Section 508 extends Section 504's accessibility principles to federal technology: federal agencies must make their electronic and information technology — websites, software, hardware, documents, telecommunications — accessible under the U.S. Access Board's technical standards (based on WCAG 2.0 Level AA), and companies selling technology to the federal government must meet these standards as well. Enforcement runs through multiple channels: each federal funding agency enforces Section 504 for the programs it funds, and the Department of Education's Office for Civil Rights (OCR) handles thousands of disability discrimination complaints annually in education settings. Individuals have a private right of action for injunctive relief, compensatory damages, and attorney fees. The ultimate enforcement tool — termination of federal financial assistance — is rarely used, but the OCR complaint process is an accessible first step for students, parents, and individuals who encounter discrimination in federally funded programs.

How It Affects You

State Variations

Implementing Regulations

• 29 CFR Part 1630 — EEOC regulations on ADA/Section 504 employment (disability definitions, reasonable accommodation, undue hardship)

• 29 CFR Part 1640 — EEOC/DOJ coordination for ADA and Section 504 enforcement (charge processing, deferred charges)

• 29 CFR Part 38 — Workforce Innovation and Opportunity Act nondiscrimination (Section 504 implementation in WIOA programs)

• 28 CFR Part 39 — DOJ Section 504 enforcement for federally assisted programs

• 34 CFR Part 104 — Department of Education Section 504 regulations (nondiscrimination in education programs receiving federal financial assistance)

• 45 CFR Part 84 — HHS Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance (59 sections across multiple subparts — HHS's foundational Section 504 regulation governing every hospital, nursing home, university, social service agency, and health plan that receives HHS financial assistance; authority: 29 U.S.C. § 794; most recently updated 2024 with new web accessibility and medical equipment standards):

  • Subpart A — General Provisions (§§ 84.1–84.9): the broadest possible scope — applies to every recipient of federal financial assistance from HHS, which encompasses virtually every hospital and nursing home (through Medicare/Medicaid), every university with HHS research grants, every substance abuse treatment program, every child welfare agency receiving HHS block grants, and every community health center receiving HRSA funding; recipients employing 15 or more persons must designate a Section 504 Coordinator, adopt a written grievance procedure, and post nondiscrimination notices in accessible formats; applicants for HHS financial assistance must submit signed assurances of compliance (§ 84.5)
  • Subpart B — Employment Practices (§§ 84.11–84.16): HHS-funded programs may not discriminate on the basis of disability in recruitment, hiring, compensation, assignment, or termination; recipients must provide reasonable accommodation unless it would impose undue hardship; selection criteria and pre-employment tests that screen out qualified individuals with disabilities are prohibited unless the criterion is shown to be job-related and no alternative exists
  • Subpart C — Program Accessibility (§§ 84.21–84.23): recipients must operate each program so that it is readily accessible to persons with disabilities when viewed in its entirety — the "program accessibility" standard (as opposed to requiring every existing facility to be accessible); new construction and alterations must meet full accessibility standards; existing facilities must either be structurally modified or programs must be relocated, restructured, or provided through alternative means to achieve program-level accessibility
  • Subpart D — Preschool, Elementary, Secondary, and Adult Education (§§ 84.31–84.38): education programs receiving HHS financial assistance (Head Start, childcare block grants, adult literacy programs) must not discriminate on the basis of disability; recipients must provide a free appropriate public education to qualified students with disabilities; placement must be in the most integrated setting appropriate to the student's needs
  • Subpart E — Postsecondary Education (§§ 84.41–84.47): colleges and universities receiving HHS grants must make academic adjustments and provide auxiliary aids for qualified students with disabilities; academic requirements may be modified unless they are essential to the program of instruction; HHS-funded housing must be comparable and accessible; institutions may not make preadmission inquiries about disability status
  • Subpart F — Health, Welfare, and Social Services (§§ 84.51–84.60): the most consequential subpart for healthcare; hospitals, nursing facilities, and health care providers receiving HHS assistance may not discriminate in admission, treatment, or service on the basis of disability; § 84.52 prohibits denial of effective communication, unnecessary separate or segregated services, and the use of eligibility criteria that screen out persons with disabilities; § 84.53 prohibits discrimination in admission or treatment of individuals with substance use or alcohol use disorders in health care facilities; § 84.55 encourages Infant Care Review Committees for decisions about care of newborns with disabilities; § 84.56 prohibits discrimination in medical treatment decisions — a provider may not withhold medically indicated care on the basis of the patient's disability; § 84.57 bars the use of value assessment methods that discount the life expectancy or quality of life of people with disabilities in coverage or payment decisions; § 84.60 prohibits discrimination against children, parents, and prospective parents with disabilities in the child welfare system
  • Subpart H — Communications (§§ 84.68–84.82): general nondiscrimination provisions adopted from ADA Title II, including service animal access (§ 84.73), mobility device access (§ 84.74), direct threat analysis (§ 84.75), integration requirements (§ 84.76), effective communication obligations (§ 84.77), TTY access for telephone services (§ 84.78), and kiosk accessibility (§ 84.83)
  • Subpart I — Web and Mobile Accessibility (§§ 84.84–84.89): HHS-funded recipients must ensure their websites and mobile applications conform to WCAG 2.1 Level AA — the web accessibility standard updated in the 2024 rulemaking; applies to all web content and mobile apps that the recipient makes available to the public or uses to provide programs or activities; exceptions include archived content, preexisting conventional electronic documents not yet digitized, and content created by third parties; recipients have a conforming alternate version option but cannot rely on it as a substitute for making the primary content accessible
  • Subpart J — Medical Diagnostic Equipment (§§ 84.90–84.94): HHS-funded health care providers must ensure that medical diagnostic equipment (exam tables, imaging equipment, weight scales, dental chairs, mammography equipment) is accessible to patients with disabilities; newly purchased equipment must meet U.S. Access Board MDE standards; for existing equipment, providers must operate programs so that patients with disabilities have access comparable to patients without disabilities, using repositioning, alternative equipment, or staff assistance

  HHS's Part 84 is the most widely applicable Section 504 regulation in the country because HHS is the largest source of federal financial assistance — Medicare and Medicaid alone channel hundreds of billions of dollars annually to hospitals, nursing homes, home health agencies, and managed care plans. Every entity that participates in Medicare or Medicaid is a recipient of HHS financial assistance and must comply with Part 84's nondiscrimination requirements. The 2024 update added web accessibility (WCAG 2.1) and medical diagnostic equipment standards — extending Part 84's reach to digital health tools and telehealth platforms used by HHS-funded providers. Complaints about violations by HHS-funded entities are filed with the HHS Office for Civil Rights (OCR) at hhs.gov/ocr, which investigates and may terminate federal financial assistance for noncompliance.

• 49 CFR Part 27 — DOT Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance (19 sections across 3 subparts — the Department of Transportation's Section 504 implementation governing airports, transit agencies, railroads, and highway programs that receive DOT grants):

  • Subpart A — General (§§ 27.1–27.19): applies to all recipients of DOT financial assistance, including state DOTs, transit authorities, airport operators, and railroad companies receiving federal funds; each recipient must designate a responsible official to coordinate compliance, adopt a written grievance procedure, and notify the public of its nondiscrimination obligations; recipients employing 15 or more persons must conduct a self-evaluation of all current policies and practices and, where necessary, transition plans for achieving program accessibility
  • Subpart B — Accessibility Requirements for Airports, Railroads, and Highways (§§ 27.71–27.75): establishes specific physical accessibility standards for DOT-funded infrastructure; airport recipients must make all new construction and alterations accessible; rail programs receiving DOT assistance must bring existing key stations into compliance on a schedule approved by FTA; highway programs must ensure pedestrian facilities meet accessibility standards; these sector-specific requirements complement but do not replace ADA Title II requirements for state and local governments
  • Subpart C — Enforcement (§§ 27.121–27.131): any person who believes a DOT-funded recipient has discriminated against them on the basis of disability may file a written complaint with the relevant DOT Operating Administration (FAA for airports, FTA for transit, FRA for railroads, FHWA for highways) no later than 180 days from the date of the alleged discrimination; DOT investigates, may negotiate voluntary compliance, and as a last resort may suspend or terminate federal financial assistance after notice and hearing; complaints to DOT are separate from ADA Title II complaints filed with DOJ

  The 49 CFR 27 framework is notable for how it spans multiple transportation modes under a single rule. A person with a disability who cannot access a federally funded airport terminal, transit station, or Amtrak facility may file under this Part rather than navigating separate agency rules. In practice, Section 504 enforcement in transportation increasingly runs in parallel with ADA enforcement — both statutes prohibit the same conduct, and DOT typically investigates complaints under both authorities simultaneously. The most litigated areas involve transit system paratransit eligibility determinations and the accessibility of commuter rail key stations.

• 45 CFR Part 605 — NSF Nondiscrimination on the Basis of Handicap in Programs Receiving Federal Financial Assistance (39 sections across 6 subparts — the National Science Foundation's Section 504 regulations for recipients of NSF grants, cooperative agreements, and contracts; authority: 29 U.S.C. § 794; 47 FR 8573 (1982), updated 68 FR 51381 (2003)):

  • Subpart A — General Provisions (§§ 605.1–605.42): NSF-funded recipients — universities, research institutions, and private organizations receiving NSF grants — may not discriminate against qualified individuals with handicaps in any program or activity receiving NSF financial assistance; recipients with 15+ employees must designate a Section 504 coordinator, adopt a grievance procedure, and notify applicants and participants of nondiscrimination policies; recipients must conduct a self-evaluation (by the compliance date specified in the regulations) to identify and correct practices that do not meet Section 504 requirements
  • Subpart B — Employment Practices (§§ 605.51–605.54): NSF grant recipients may not discriminate in recruitment, hiring, compensation, advancement, or termination on the basis of handicap; must provide reasonable accommodation to qualified individuals with handicaps unless it imposes undue hardship; pre-employment inquiries about handicap status are prohibited
  • Subpart D — Preschool, Elementary, and Secondary Education (§§ 605.61–605.73); Subpart E — Postsecondary Education (§§ 605.81–605.97): universities receiving NSF research grants must ensure that both their research programs and their academic/educational programs are nondiscriminatory; disabled students must receive academic adjustments and auxiliary aids to have equal access to NSF-funded research opportunities and academic programs; physical accessibility standards apply to facilities used in NSF-funded programs
  • Subpart F — Health, Welfare, and Social Services (§§ 605.101–605.114): recipients operating social service or community programs funded through NSF assistance may not exclude individuals with handicaps from participation; services must be provided in the most integrated setting appropriate

• 41 CFR Part 101-8 — Nondiscrimination in Programs Receiving Federal Financial Assistance administered by GSA (42 sections — the General Services Administration's recipient-facing Section 504 implementing regulation for programs and activities that receive GSA financial assistance; authority: 29 U.S.C. § 794; 40 U.S.C. § 486). Unlike Part 105-8 (which covers GSA's own programs), Part 101-8 governs recipients of GSA grants, loans, and other assistance — an important distinction because GSA manages federal property sales, disposals, and programs that create financial relationships with state and local governments, private developers, and other entities. Key provisions:

  • § 101-8.300 — Purpose and applicability: implements § 504's prohibition on discrimination against qualified individuals with handicaps in any program or activity receiving GSA financial assistance; applies to all recipients of GSA grants, loans, contracts, and other financial assistance — including state and local governments receiving surplus federal property, construction assistance, or program grants administered through GSA
  • § 101-8.302 — General prohibitions: no qualified individual with a handicap shall, on the basis of handicap, be excluded from participation, denied benefits, or subjected to discrimination in any program receiving GSA assistance; the prohibition is coextensive with Title II of the ADA for most covered entities that are also public entities
  • § 101-8.303 — Specific prohibitions: recipients may not deny equal opportunity, provide lesser benefits, provide different or segregated services, or impose separate eligibility criteria on the basis of handicap; recipients may not use criteria or methods that have the effect of discriminating on the basis of handicap even if facially neutral
  • § 101-8.305 — Employment practices: recipients must provide equal employment opportunity and reasonable accommodation to qualified individuals with handicaps in all employment activities connected to the GSA-assisted program; pre-employment inquiries about handicap status are prohibited
  • §§ 101-8.307–101-8.310 — Accessibility: programs and activities must be made accessible to individuals with handicaps; for existing facilities, accessibility is measured at the program level — not every building must be fully accessible, but the program as a whole must be; new construction and alterations must conform to applicable accessibility standards
  • Complaint procedures: individuals who believe they were discriminated against may file a complaint with GSA's Equal Employment Opportunity and Civil Rights Division within 180 days of the alleged discrimination; GSA investigates and may require corrective action, terminate financial assistance, or refer to DOJ for enforcement

• 41 CFR Part 105-8 — GSA Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by GSA (36 sections — distinct from recipient-facing Section 504 rules, this Part governs GSA's own programs and activities, implementing the 1978 amendment to Section 504 that extended nondiscrimination requirements to Executive agencies themselves; authority: 29 U.S.C. § 794):

  • § 105-8.101 — Purpose: effectuates Section 119 of the Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978, which extended Section 504 to Executive agencies' own programs — not just federally assisted programs; GSA (which manages federal buildings, operates federal supply schedules, and provides shared services) must make its own programs and activities accessible
  • § 105-8.110 — Self-evaluation: GSA must evaluate its current policies and practices to identify those that do not meet Section 504 requirements and proceed to modify them; the self-evaluation process must include opportunity for comment from individuals with handicaps or organizations representing them; GSA must maintain records of the self-evaluation for at least 3 years
  • §§ 105-8.130–105-8.170 — Program accessibility: all programs and activities conducted by GSA (building tours, procurement assistance, surplus property disposition, records access, GSA Advantage ordering, etc.) must be accessible to individuals with handicaps; new construction and alterations by GSA must conform to accessibility standards; existing facilities must be operated so that each program is accessible when viewed as a whole (not necessarily making every existing building accessible)
  • §§ 105-8.301–105-8.330 — Complaint procedures: any person who believes they have been subjected to discrimination prohibited by this Part may file a written complaint with GSA's Section 504 Coordinator within 180 days of the alleged discrimination; GSA must notify the complainant of receipt and conduct an investigation within 180 days; if GSA finds a violation, it must attempt to correct through voluntary compliance; unresolved findings are referred to the Assistant Attorney General, Civil Rights Division
  • §§ 105-8.350–105-8.355 — Enforcement: GSA may not take any retaliatory action against any person who files a complaint under this Part; enforcement ultimately rests with DOJ Civil Rights Division, which may initiate litigation against GSA for systematic noncompliance

• 7 CFR Part 15b — USDA Nondiscrimination on the Basis of Handicap in Programs or Activities Receiving Federal Financial Assistance (42 sections across 6 subparts — USDA's implementation of Section 504 for all education and non-education programs receiving USDA financial assistance):

  • Subpart A — General: applies Section 504 to all programs receiving USDA financial assistance; recipients that already complied with another federal agency's Section 504 rules for a specific requirement (coordinator designation, grievance procedure, notice, or self-evaluation) are not required to duplicate that compliance for USDA — an efficiency provision recognizing that many recipients receive funding from multiple federal agencies (§ 15b.10); recipients must designate a responsible official to coordinate Section 504 activities and adopt grievance procedures for resolving complaints (§ 15b.11)
  • Employment nondiscrimination (§§ 15b.12–15b.14): USDA-funded programs may not discriminate on the basis of handicap in employment; must provide reasonable accommodation to qualified individuals unless it would impose undue hardship; pre-employment inquiries about disability are prohibited; selection criteria that screen out people with disabilities are only permitted if job-related and no alternative exists
  • Subpart D — Preschool, Elementary, Secondary, Adult, and Extension Education: schools and extension programs receiving USDA funding (including land-grant Cooperative Extension) must provide free appropriate public education to qualified students with disabilities; programs must be conducted in the most integrated setting appropriate; requires placement in regular education programs to the maximum extent appropriate (§§ 15b.33–15b.37)
  • Subpart E — Postsecondary Education: colleges and universities receiving USDA grants must not discriminate in admissions, academic programs, housing, financial assistance, or physical education; may not make preadmission inquiries about disability; must provide academic adjustments (auxiliary aids, modified course delivery) for qualified students with disabilities (§§ 15b.43–15b.48)
  • Subpart F — Other Aid, Benefits, or Services: covers USDA-funded social service programs, housing assistance, nutrition programs, and other non-education programs; recipients must operate programs in the most integrated setting and may not use eligibility criteria that screen out individuals with disabilities (§§ 15b.51–15b.56)

• 14 CFR Part 1251 — NASA Nondiscrimination on the Basis of Disability (37 sections — NASA's implementation of Section 504 for its federally assisted programs and activities): Part 1251 applies Section 504's nondiscrimination requirements to recipients of NASA financial assistance (universities, research institutions, and contractors receiving NASA grants) and to NASA's own programs when they provide services or benefits to the public. Key provisions:

  • § 1251.101 — Application: the rule applies to all programs and activities receiving NASA financial assistance; NASA-funded university research programs, STEM education grants, and commercial space development cooperative agreements are all covered recipients
  • § 1251.103 — Discrimination prohibited: recipients may not, on the basis of disability, exclude a qualified individual from participation in, deny the benefits of, or otherwise discriminate in any program receiving NASA assistance; the prohibition covers both intentional discrimination and facially neutral practices that have the effect of screening out individuals with disabilities without justification
  • § 1251.104 — Assurances required: every applicant for NASA financial assistance must provide a signed assurance that it will comply with Part 1251 as a condition of receiving the award; the assurance becomes part of the assistance agreement and creates enforceable obligations on the recipient
  • § 1251.106 — Designation of responsible employee and adoption of grievance procedures: recipients employing 15 or more persons must designate a Section 504 coordinator and must adopt grievance procedures for resolving complaints from applicants and beneficiaries
  • § 1251.111 — Reasonable accommodation: recipients must make reasonable accommodation to the known physical or mental limitations of an otherwise qualified individual with a disability unless doing so would impose undue hardship; the accommodation requirement applies to both employment and programmatic access
  • § 1251.110 — Direct threat: a recipient may exclude a person with a disability from a program activity if participation would pose a direct threat to the health or safety of others that cannot be eliminated by reasonable accommodation; the direct threat determination requires an individualized assessment based on objective evidence, not generalized assumptions about a type of disability

  NASA's context creates distinctive Section 504 questions: physical accessibility at research facilities is standard, but the agency must also evaluate whether specific physical capability requirements for mission-critical positions (astronauts, flight controllers) are legitimately job-related constraints versus impermissible disability screens. Part 1251 applies the same individualized reasonable accommodation analysis as other Section 504 rules. Recent rulemakings: 81 FR 3711 (January 2016) — added direct threat (§ 1251.110) and reasonable accommodation (§ 1251.111) provisions aligned with ADA Amendments Act guidance.

• 15 CFR Part 8b — Department of Commerce Nondiscrimination Against the Handicapped in Federally Assisted Programs: Commerce's implementation of Section 504 for its grant and cooperative agreement programs (authority: 29 U.S.C. § 794). Substantively parallel to DOT Part 27, USDA Part 15b, and NASA Part 1251 — the same nondiscrimination requirements applied to recipients of Commerce Department financial assistance (NOAA grants, EDA economic development grants, NIST cooperative agreements, and NTIA broadband funding). Key features:

  • § 8b.11 — Discrimination prohibited: recipients of Commerce financial assistance may not discriminate on the basis of handicap in providing aids, benefits, or services; discrimination includes both intentional exclusion and facially neutral practices that screen out qualified individuals with handicaps without justification
  • § 8b.12 — Reasonable accommodation: recipients must make reasonable accommodation to known physical or mental limitations of qualified handicapped applicants or employees unless undue hardship would result; relevant for Commerce-funded programs that employ workers (research institutions, EDA grantees) as well as programs that serve the public
  • § 8b.13 — Employment criteria: recipients may not use employment tests or selection criteria that screen out individuals with disabilities unless the criterion is job-related and there is no alternative; the employment criteria provision is most significant for Commerce grants to research institutions where hiring decisions are made under the grant
  • § 8b.15 — Employment on ships: a provision specific to Commerce's maritime programs — no qualified handicapped individual holding an appropriate license or certificate may be denied employment on ships or other vessels solely on the basis of handicap; reflects NOAA's maritime research fleet programs
  • § 8b.17–8b.18 — Physical accessibility: existing Commerce-assisted facilities must be operated so that each program is accessible when viewed in its entirety (program accessibility); new construction must fully comply with accessibility standards

• 10 CFR Part 1041 — DOE Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Energy: applies Section 504's nondiscrimination requirements directly to DOE's own programs and activities (not just its grant recipients — those are covered under separate recipient rules). Part 1041 governs DOE when it directly provides services, facilities, or employment in a program context. Key provisions:

  • § 1041.102 — Applies to all programs or activities conducted by DOE, including its national laboratories, weapons facilities, energy research programs, and public-facing services; covers both employment discrimination and denial of program access
  • § 1041.110 — Self-evaluation: DOE was required to evaluate its current policies and practices (by April 9, 1987) to identify any that do not meet Section 504 requirements; policies found to be discriminatory must be modified; DOE must maintain a self-evaluation on file and make it available for public inspection
  • § 1041.130 — General prohibitions: no qualified person with a handicap may be excluded from participation in, denied the benefits of, or subjected to discrimination under any DOE program or activity; discrimination includes both direct exclusion and neutral practices with discriminatory effect
  • § 1041.140 — Employment: no qualified individual with a handicap may be discriminated against in employment in any DOE program or activity; this covers the roughly 15,000 federal employees working directly for DOE (distinct from the far larger population of contractor employees at DOE sites, who are covered by separate contractor requirements); DOE must make reasonable accommodation to the known physical or mental limitations of an otherwise qualified employee or applicant
  • § 1041.149 — Program accessibility: DOE must operate each program or activity so that the program is readily accessible to persons with handicaps when viewed in its entirety — the "program accessibility" standard (as distinguished from requiring all individual facilities to be fully accessible); new facilities must meet full accessibility standards

  DOE's Section 504 context includes uniquely challenging accessibility questions for high-security sites (national laboratories, nuclear facilities) where physical access controls and security requirements may intersect with accommodation requests, and for highly specialized technical programs where the agency must distinguish between essential technical requirements and impermissible disability-based exclusions.

• 29 CFR Part 33 — Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Labor (DOL — Section 504's application to DOL's own programs and activities, implementing the 1978 Rehabilitation Act Amendments' requirement that executive agencies themselves comply with disability nondiscrimination standards for their own programs):

  • § 33.2 — Application: Part 33 applies to all programs or activities conducted by DOL — including employment programs, grantee oversight, regulatory proceedings, and the physical facilities and electronic systems DOL uses to deliver services; it is distinct from rules that govern DOL grantees' nondiscrimination obligations (which appear in Part 32)
  • § 33.4 — Self-evaluation: DOL was required to evaluate its own current policies and practices (by May 11, 1988) to identify any that discriminate against individuals with disabilities; DOL must maintain a current self-evaluation on file, update it when programs change substantially, and make it available for public inspection; this self-evaluation obligation is ongoing — new programs and systems must be assessed for accessibility
  • § 33.5 — Notice: DOL must make information about Part 33's provisions available to employees, applicants, participants, beneficiaries, and other interested persons; notices must be posted in accessible formats; DOL's Section 504 notice must include the name and contact information of the DOL employee designated to coordinate compliance with Part 33
  • § 33.6 — General prohibitions: no qualified individual with a handicap shall be excluded from participation in, denied the benefits of, or subjected to discrimination under any DOL program or activity; prohibitions cover direct discrimination, unnecessary separate services, and neutral policies with discriminatory effects; the standard is that DOL may not use methods that have the effect of discriminating on the basis of handicap even if not designed to do so
  • § 33.10 — New construction and alterations: any building or space constructed or altered by or on behalf of DOL after the effective date must be designed and constructed so as to be readily accessible to and usable by persons with handicaps; alterations must, to the maximum extent feasible, be made accessible; if full accessibility is not feasible for a particular alteration, the path of travel to the altered area must be made accessible
  • § 33.11 — Communications: DOL must take appropriate steps to ensure effective communication with applicants, participants, and members of the public who have disabilities; this includes providing auxiliary aids (interpreters, readers, captioning, accessible formats) for individuals with visual, hearing, or speech impairments; DOL may not require individuals with disabilities to bring their own interpreters
  • § 33.12 — Complaint procedures: individuals who believe they have been subjected to discrimination by DOL in violation of Section 504 may file a complaint with the designated DOL Section 504 Coordinator within 180 days of the alleged discriminatory act; the Coordinator investigates and may refer to the DOJ Civil Rights Division; DOL must notify complainants of their right to sue in federal court within 90 days of the final DOL determination
  • § 33.13 — Retaliation and intimidation: Part 33 prohibits DOL from retaliating against any person who files a complaint, participates in an investigation, or opposes a discriminatory practice — the same anti-retaliation protection that applies to external Section 504 complaints also protects individuals who challenge DOL's own accessibility failures

  Part 33 reflects the principle that the Department of Labor — which administers programs serving workers with disabilities (ODEP, Job Corps, WIOA) — must itself model the nondiscrimination standards it enforces on others. The self-application of Section 504 to federal agencies, required by the 1978 amendments, was a significant extension of the disability rights framework beyond federally funded recipients to the federal government as an employer and service provider in its own right.

Additional agency-conducted-program regulations (the 1978 amendment to Section 504 required all Executive agencies to extend nondiscrimination to their own programs and activities, not just federally funded recipients; these regulations implement that obligation for agencies not already covered above):

• 7 CFR Part 15e — USDA Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by USDA (12 sections — USDA's implementation for its own operations, distinct from Part 15b which covers USDA grant recipients): requires USDA to conduct a self-evaluation of its own programs, adopt grievance procedures, designate a Section 504 Coordinator, and make all USDA-conducted programs (commodity programs, agricultural research, extension services, food safety inspections, natural resources programs) accessible to qualified individuals with handicaps; new construction and alterations by USDA must meet accessibility standards; complaint procedures are identical to other agency-conducted Part 504 regulations (180-day filing window, DOJ Civil Rights Division referral for unresolved complaints)

• 6 CFR Part 15 — DHS Enforcement of Nondiscrimination on the Basis of Disability in Programs or Activities Conducted by DHS (12 sections — Department of Homeland Security's Section 504 implementation for its own programs; authority: 29 U.S.C. § 794): covers all DHS-conducted programs including CBP border operations, TSA screening, FEMA disaster assistance, USCIS immigration services, and Coast Guard operations; requires program-wide accessibility (not necessarily building-by-building compliance in all existing structures); DHS must not discriminate in providing services, benefits, or employment in any DHS-administered program; complaint procedures track the standard 180-day filing window

• 5 CFR Part 723 — OPM Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by OPM (12 sections — Office of Personnel Management's Section 504 regulations for OPM's own programs; authority: 29 U.S.C. § 794): covers all OPM-conducted programs including USAJOBS and federal hiring, human resources policy, federal employee benefits administration (FEHB, FEGLI), training programs, and OPM internal operations; requires OPM to make all these programs and activities accessible; because OPM's programs directly affect federal employment, OPM's own Section 504 compliance signals how the government treats employees with disabilities in its core HR infrastructure

• 5 CFR Part 1636 — FRTIB Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by FRTIB (12 sections — Federal Retirement Thrift Investment Board's Section 504 regulations for its own operations; authority: 29 U.S.C. § 794): requires FRTIB to make TSP administration programs (participant services, education programs, account management) accessible; covers all FRTIB-conducted activities; complaint procedures follow the standard 180-day window with DOJ Civil Rights referral

• 3 CFR Part 102 — EOP Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Executive Office of the President (12 sections — the Executive Office of the President's Section 504 regulations; authority: 29 U.S.C. § 794): covers programs and activities conducted by EOP components including the White House Office, NSC, CEA, OMB, USTR, OSTP, CEQ, and other EOP units; self-evaluation was required by September 6, 1989; complaint procedures are identical to other agency implementations; the EOP's own program accessibility is required notwithstanding the unique constitutional position of the Presidency

• 41 CFR Part 105-8 — Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by General Services Administration (36 sections — the GSA's agency-conducted Section 504 regulation, covering GSA's own programs and operations as a federal agency; distinct from 41 CFR Part 101-8, which governs recipients of GSA financial assistance; authority: 29 U.S.C. § 794). GSA is the federal government's landlord and real property manager — making its Section 504 obligations uniquely significant because compliance affects physical accessibility of federal buildings occupied by hundreds of tenant agencies and used by millions of the public:

  • § 105-8.101 — Purpose: implements § 504 as amended by the Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978 (extending coverage to Executive agency-conducted programs)
  • § 105-8.102 — Application: applies to all GSA programs and activities except those conducted outside the United States that do not involve U.S.-based individuals with handicaps
  • § 105-8.110 — Self-evaluation: GSA must evaluate its current policies and practices for compliance with Section 504 and, in consultation with interested persons (including individuals with handicaps), modify those that do not or may not meet the Part's requirements
  • § 105-8.130 — General prohibitions: no qualified individual with handicaps may be excluded from participation in, denied the benefits of, or subjected to discrimination in any GSA program or activity on the basis of handicap — the core prohibition
  • § 105-8.140 — Employment: GSA may not discriminate against qualified employees or applicants on the basis of handicap in recruitment, hiring, promotion, demotion, transfer, or any other condition of employment; reasonable accommodation for known limitations is required unless it would impose undue hardship
  • § 105-8.149 — Program accessibility (general): GSA must operate each program or activity so that the program, when viewed in its entirety, is readily accessible to and usable by individuals with handicaps — not every building need be accessible, but the program as a whole must be
  • §§ 105-8.150 to 105-8.150-4 — Program accessibility in existing facilities: GSA must achieve program accessibility in existing buildings through: redesign of equipment, reassignment of services to accessible buildings, home visits, or structural changes; when structural changes are the chosen method, GSA must develop and implement a written transition plan; the structural change deadline was May 7, 1991, but the ongoing obligation to maintain accessibility continues
  • § 105-8.151 — New construction and alterations: any building constructed or altered by, on behalf of, or for the use of GSA must be designed and constructed to be readily accessible — GSA's new construction obligations are the federal government-wide accessibility standard for federal facilities
  • § 105-8.152 — Space assignment: when GSA assigns or reassigns space to a tenant agency, GSA must consult with the agency to ensure the assignment will not prevent the tenant from meeting its own Section 504 obligations — a critical coordination point since tenant agencies depend on GSA to provide accessible space
  • §§ 105-8.153 to 105-8.153-2 — Interagency cooperation: GSA must participate with tenant agencies in developing accessibility transition plans; when an agency requests new, additional, or more accessible space under § 504, GSA must respond within 45 days with an assessment of what accommodations can be made in the current space or a plan for relocation
  • § 105-8.154 — Exceptions: GSA need not take action that would result in a fundamental alteration in the nature of a program or undue financial and administrative burden; but the exception does not excuse GSA from the obligation to provide services to individuals with handicaps through other means

  GSA's Part 105-8 is more operationally consequential than most agency-conducted Section 504 regulations because GSA manages approximately 370 million square feet of space in more than 8,700 owned and leased properties. The space assignment coordination requirement (§ 105-8.152) creates a structured process for tenant agencies to raise physical accessibility concerns when GSA assigns them space — a backstop against agencies being housed in facilities that prevent them from serving disabled constituents.

• 1 CFR Part 500 — White House Fellowships Commission Enforcement of Nondiscrimination on the Basis of Handicap (12 sections — the President's Commission on White House Fellowships' Section 504 regulations; authority: 29 U.S.C. § 794): requires the Commission to make its selection programs, outreach activities, and administrative operations accessible to individuals with handicaps; the Commission evaluates applications from mid-career professionals for the White House Fellows program, and the nondiscrimination obligation extends to all stages of the fellowship application and selection process; the complaint procedure follows the standard 180-day filing window with DOJ Civil Rights referral

• 5 CFR Part 2416 — FLRA General Counsel Enforcement of Nondiscrimination on the Basis of Handicap (12 sections — the Office of General Counsel of the Federal Labor Relations Authority's Section 504 regulations for its own programs and activities; authority: 29 U.S.C. § 794): requires FLRA's General Counsel to make all OGC-conducted programs (unfair labor practice investigations, representation proceedings, alternative dispute resolution services) accessible; complaint procedures identical to other agency-conducted implementations

• 5 CFR Part 1850 — OSC Enforcement of Nondiscrimination on the Basis of Disability in Programs or Activities Conducted by the Office of Special Counsel (11 sections — the U.S. Office of Special Counsel's Section 504 regulations; authority: 29 U.S.C. § 794): requires OSC to make its programs — which include receiving whistleblower complaints, investigating Prohibited Personnel Practices, and enforcing the Hatch Act — accessible to individuals with disabilities; the program accessibility obligation means OSC cannot impose barriers that prevent disabled individuals from accessing its complaint and investigation services

• 5 CFR Part 1207 — MSPB Enforcement of Nondiscrimination on the Basis of Disability in Programs or Activities Conducted by MSPB (11 sections — the Merit Systems Protection Board's Section 504 regulations; authority: 29 U.S.C. § 794): requires MSPB to make its appeals hearings, case processing, and administrative operations accessible; the MSPB adjudicates federal employee adverse action appeals, and Section 504 accessibility ensures that employees with disabilities have meaningful access to MSPB's adjudicative functions; complaint procedures track the standard 180-day window

Pending Legislation

• S 2913 (Sen. Alsobrooks, D-MD) — Bar Education Department from cutting disability program offices that administer IDEA and Rehabilitation Act. Status: Introduced.

Recent Developments

• OCR has increased enforcement of Section 504 in higher education, particularly regarding accommodations for students with mental health disabilities
• Section 508 refresh aligned federal accessibility standards with WCAG 2.0 Level AA, significantly increasing web accessibility requirements
• COVID-19 raised new Section 504 issues around remote learning accessibility, telehealth accessibility, and accommodations for immunocompromised individuals
• The intersection of Section 504 and AI/algorithmic decision-making is emerging — automated systems used by federally funded programs must not discriminate against people with disabilities
• Long COVID has been recognized as a potential disability under Section 504 and the ADA, expanding coverage