Rehabilitation Act of 1973 Sections 501 and 505

EDITOR'S NOTE: The following is the text of Sections 501 and505 of the Rehabilitation Act of 1973 (Pub. L. 93-112) (Rehab.Act), as amended, as these sections appear in volume 29 of theUnited States Code, beginning at section 791. Section 501 prohibitsemployment discrimination against individuals with disabilities inthe federal sector. Section 505 contains provisions governingremedies and attorney's fees under Section 501. Relevantdefinitions that apply to sections 501 and 505 precede thesesections. Section 512 of the Americans with Disabilities Act of1990 (Pub. L. 101-336) (ADA) amends definitions applicable to theRehab. Act. The Rehabilitation Act Amendments of 1992 (Pub. L.102-559) further amends the definition of "individual with adisability" and Section 501. These amendments appear in boldfacetype. In addition, section 102 of the Civil Rights Act of 1991(Pub. L. 102-166 (CRA) (which is printed elsewhere in thispublication) amends the Revised Statutes by adding a new sectionfollowing section 1977 (42 U.S.C. 1981), to provide for therecovery of compensatory and punitive damages in cases ofintentional violations of Title VII, the Americans withDisabilities Act of 1990, and section 501 of the Rehabilitation Actof 1973. Cross references to the Rehabilitation Act as enactedappear in italics following each section heading. Editor's notesalso appear in italics.

 DEFINITIONS SEC. 706 [Section 7]  For the purposes of this chapter: (4) (A) The term "drug" means a controlled substance, asdefined in schedules I through V of section 202 of the ControlledSubstances Act (21 U.S.C. 812). (B) The term "illegal use of drugs" means the use ofdrugs, the possession or distribution of which is unlawful under theControlled Substances Act [21 U.S.C. 801 et seq.]. Such term doesnot include the use of a drug taken under supervision by a licensed healthcare professional, or other uses authorized by the Controlled SubstancesAct [21 U.S.C. 801 et seq.] or other provisions of Federal law. (8) (B) Subject to subparagraphs (C)..., (E), and (F), the term"individual with a disability" means ... any person who(i) has a physical or mental impairment which substantially limits one ormore of such person's major life activities, (ii) has a record of such animpairment, or (iii) is regarded as having such an impairment. (C) ... (i) [T]he term "individual with a disability" doesnot include an individual who is currently engaging in the illegal use ofdrugs, when a covered entity acts on the basis of such use. (ii) Nothingin clause (i) shall be construed to exclude as an individual with adisability an individual who -- (I) has successfully completed a supervised drug rehabilitationprogram and is no longer engaging in the illegal use of drugs, or hasotherwise been rehabilitated successfully and is no longer engaging insuch use; (II) is participating in a supervised rehabilitation program and isno longer engaging in such use; or (III) is erroneously regarded as engaging in such use, but is notengaging in such use; except that it shall not be a violation of this chapter for a coveredentity to adopt or administer reasonable policies or procedures, includingbut not limited to drug testing, designed to ensure that an individualdescribed in subclause (I) or (II) is no longer engaging in the illegaluse of drugs. * * * (E) For the purposes of [section 501] ... - (i) for purposes of the application of subparagraph (B) to such[section], the term "impairment" does not include homosexualityor bisexuality; and (ii) therefore the term "individual with a disability"does not include an individual on the basis of homosexuality orbisexuality. (F) For the purposes of [section 501] ..., the term"individual with a disability" does not include an individual onthe basis of - (i) transvestism, transsexualism, pedophilia,exhibitionism, voyeurism, gender identity disorders not resulting fromphysical impairments, or other sexual behavior disorders; (ii) compulsive gambling, kleptomania, or pyromania; or (iii) psychoactive substance use disorders resulting from currentillegal use of drugs. EMPLOYMENT OF INDIVIDUALS WITH DISABILITIES SEC. 791. [Section 501] (a) There is established within the Federal Government an InteragencyCommittee 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 thefollowing (or their designees whose positions are Executive Level IV orhigher): the Chairman of the Equal Employment Opportunity Commission(hereinafter in this section referred to as the "Commission"),the Director of the Office of Personnel Management, the Secretaryof Veterans Affairs, and the Secretary of Labor, the Secretary ofEducation, and the Secretary of Health and Human Services. Either theDirector of the Office of Personnel Management and the Chairman of theCommission shall serve as co-chairpersons of the Committee or the Directoror Chairman shall serve as the sole chairperson of the Committee, as theDirector and Chairman jointly determine, from time to time, to beappropriate. The resources of the President's Committees on Employmentof People with Disabilities and on Mental Retardation shall be made fullyavailable to the Committee. It shall be the purpose and function of theCommittee (1) to provide a focus for Federal and other employment ofindividuals with disabilities, and to review, on a periodic basis,in cooperation with the Commission, the adequacy of hiring, placement, andadvancement practices with respect to individuals with disabilitiesby each department, agency, and instrumentality in the executive branch ofGovernment, and to insure that the special needs of such individuals arebeing met; and (2) to consult with the Commission to assist the Commissionto carry out its responsibilities under subsections (b), (c), and (d) ofthis section. On the basis of such review and consultation, the Committeeshall periodically make to the Commission such recommendations forlegislative and administrative changes as it deems necessary or desirable. The Commission shall timely transmit to the appropriate committees ofCongress any such recommendations. (b) Each department, agency, and instrumentality (including the UnitedStates Postal Service and the Postal Rate Commission) in the executivebranch shall, within one hundred and eighty days after September 26, 1973,submit to the Commission and to the Committee an affirmative actionprogram plan for the hiring, placement, and advancement of individualswith disabilities in such department, agency, or instrumentality. Such plan shall include a description of the extent to which and methodswhereby the special needs of employees who are individuals withdisabilities are being met. Such plan shall be updated annually, andshall be reviewed annually and approved by the Commission if theCommission determines, after consultation with the Committee, that suchplan provides sufficient assurances, procedures and commitments to provideadequate hiring, placement, and advancement opportunities for individualswith disabilities. (c) The Commission, after consultation with the Committee, shall developand recommend to the Secretary for referral to the appropriate Stateagencies, policies and procedures which will facilitate the hiring,placement, and advancement in employment of individuals who have receivedrehabilitation services under State vocational rehabilitation programs,veterans' programs, or any other program for individuals withdisabilities, including the promotion of job opportunities for suchindividuals. The Secretary shall encourage such State agencies to adoptand implement such policies and procedures. (d) The Commission, after consultation with the Committee, shall, on June30, 1974, and at the end of each subsequent fiscal year, make a completereport to the appropriate committees of the Congress with respect to thepractices of and achievements in hiring, placement, and advancement ofindividuals with disabilities by each department, agency, andinstrumentality and the effectiveness of the affirmative action programsrequired by subsection (b) of this section, together with recommendationsas to legislation which have been submitted to the Commission undersubsection (a) of this section, or other appropriate action to insure theadequacy of such practices. Such report shall also include an evaluationby the Committee of the effectiveness of the activities of the Commissionunder subsections (b) and (c) of this section. (e) An individual who, as a part of an individualized writtenrehabilitation program under a State plan approved under this chapter,participates in a program of unpaid work experience in a Federal agency,shall not, by reason thereof, be considered to be a Federal employee or tobe subject to the provisions of law relating to Federal employment,including those relating to hours of work, rates of compensation, leave,unemployment compensation, and Federal employee benefits. (f) (1) The Secretary of Labor and the Secretary of Education areauthorized and directed to cooperate with the President's Committee onEmployment of People With Disabilities in carrying out its functions. (2) In selecting personnel to fill all positions on the President'sCommittee on Employment of People with Disabilities, special considerationshall be given to qualified individuals with disabilities. (g) The standards used to determine whether this section has beenviolated in a complaint alleging nonaffirmative action employmentdiscrimination under this section shall be the standards applied undertitle I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 etseq.) and the provisions of sections 501 through 504, and 510, of theAmericans with Disabilities Act of 1990 (42 U.S.C. 12201-12204 and 12210),as such sections relate to employment. REMEDIES AND ATTORNEYS' FEES SEC. 794a. [Section 505] (a)(1) The remedies, procedures, and rights set forth in section 717of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16), including theapplication of sections 706(f) through 706(k) (42 U.S.C. 2000e-5(f)through (k)), shall be available, with respect to any complaint undersection 791 of this title, to any employee or applicant for employmentaggrieved by the final disposition of such complaint, or by the failure totake final action on such complaint. In fashioning an equitable oraffirmative action remedy under such section, a court may take intoaccount the reasonableness of the cost of any necessary work placeaccommodation, and the availability of alternatives therefore or otherappropriate relief in order to achieve an equitable and appropriateremedy. (2) The remedies, procedures, and rights set forth in title VI of theCivil Rights Act of 1964 [42 U.S.C. 2000d et seq.] shall beavailable to any person aggrieved by any act or failure to act by anyrecipient of Federal assistance or Federal provider of such assistanceunder section 794 of this title. (b) In any action or proceeding to enforce or charge a violation of aprovision of this subchapter, the court, in its discretion, may allow theprevailing party, other than the United States, a reasonable attorney'sfee as part of the costs. 

This page was last modified on January 15, 1997.