Rehabilitation Act

United States Narcotic Addiction Rehabilitation Act authorizes the civil commitment of narcotic addicts, and gives federal financial assistance to states and local authorities to develop a local system of drug treatment programs. Methadone clinic treatment programs begin to dramatically rise. 

Write job-related and nondiscriminatory questions Avoid any questions that are not directly related to the essential functions of the position or that may be construed as discriminatory In general, it is inappropriate to ask questions about an individual s race, color, religion, sex, or national or ethnic origin (Title VII of the Civil Rights Act of 1964), their age (Age Discrimination in Employment Act of 1967), or disability status (Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990), as well as their marital status, sexual orientation, or parenting responsibilities. 

The perception of being handicapped. The Rehabilitation Act (29USC, Section 706) requires employers to continue employment of a substance abuser as long as the employee can perform the job function and is not a threat to safety or property. The healthcare professional may be reassigned temporarily until recovery is completed. 

Section 508, an amendment of the Rehabilitation Act, legislates requirements for U.S. Federal agencies to make electronic and information systems accessible to people with disabilities. The legislation covers the accessibility of a wide array of hardware and software products and systems by people with sensory-motor and cognitive disabilities. 

These laws include the Civil Service Reform Act, Immigration Reform and Control Act, Executive Order 11246, certain sections of the Americans with Disabilities Act and Civil Rights Act of 1964, Family and Medical Leave Act, Occupational Safety and Health Act, and sections of the Rehabilitation Act, Social Security Act, Fair Labor Standards Act, and workers compensation law. 

Safety professionals should be aware that the ADA utilizes the broader language of disability rather than the term handicapped adopted under the Rehabilitation Act. Eor an individual to be considered disabled under the ADA, the physical or mental impairment must limit one or more major life activities. Under the U.S. Justice... 

The third prong of the statutory definition of a disability extends coverage to individuals who are being regarded as having a disability. The ADA has adopted the same regarded as test that is used in Section 504 of the Rehabilitation Act ... 

REASONABLE ACCOMMODATION AND GOOD FAITH EFFORT—In cases where a discriminatory practice involves the provision of a reasonable accommodation pursuant to section 102(b)(5) of the Americans with Disabilities Act of 1990 or regulations implementing section 501 of the Rehabilitation Act of 1973, damages may not be awarded under this section where the covered entity demonstrates good faith efforts, in consultation with the person with the disability who has informed the covered entity that accommodation is needed, to identify and make a reasonable accommodation that would provide such individual with an equally effective opportunity and would not cause an undue hardship on the operation of the business. 

Disability discrimination occurs when an employer or other entity covered by the Americans with Disabilities Act, as amended, or the Rehabilitation Act, as amended, treats a qualified individual with a disability who is an employee or applicant unfavorably because she has a disability. 

Note Federal employees and applicants are covered by the Rehabilitation Act of 1973, instead of the Americans with Disabilities Act. The protections are mostly the same. 

The remedies, procedures, and rights set forth in section 505 of the Rehabilitation Act of 1973 (29 U.S.C. 794a) shall be the remedies, procedures, and rights this title provides to any person alleging discrimination on the basis of disability in violation of section 202. 

GENERAL RULE—Except as provided in paragraph (2), it shall be considered discrimination for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) for a public entity which operates a fixed route system—... 

If a public entity operates a demand responsive system, it shall be considered discrimination, for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), for such entity to purchase or lease a new vehicle for use on such system, for which a solicitation is made after the 30th day following the effective date of this section, that is not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, unless such system, when viewed in its entirety, provides a level of service to such individuals equivalent to the level of service such system provides to individuals without disabilities. 

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