Most people who know anything about disability rights in the workplace have heard of the Americans with Disabilities Act. Fewer have heard of the Rehabilitation Act, and fewer still understand how the two laws relate to each other and why the distinction between them matters. If you are dealing with a disability discrimination situation at work, knowing which law applies to your situation is one of the most foundational questions your case depends on.
Our friends at Fogelman Law LLC work through this with clients regularly, and what a disability discrimination lawyer will tell you is that while these two laws share similar goals and overlapping protections, they cover different categories of employers and apply different standards in ways that directly affect how a claim gets built and pursued.
What the ADA Covers
The Americans with Disabilities Act was enacted in 1990 and applies to private employers with 15 or more employees, as well as state and local government employers. It prohibits covered employers from discriminating against qualified individuals with disabilities in hiring, firing, compensation, job assignments, promotions, training, and any other term or condition of employment.
The ADA also requires covered employers to provide reasonable accommodations to employees with disabilities unless doing so would create an undue hardship for the employer. That accommodation obligation is one of the most significant and most litigated aspects of the law.
For most employees in the private sector, the ADA is the primary federal law governing disability discrimination in their workplace.
What the Rehabilitation Act Covers
The Rehabilitation Act predates the ADA by nearly two decades, having been enacted in 1973. It applies to a different and more specific category of employers. Section 503 of the Rehabilitation Act covers federal contractors and subcontractors who receive contracts above a certain dollar threshold. Section 504 covers entities that receive federal financial assistance, which includes a wide range of organizations including public schools, universities, hospitals, and nonprofits that receive federal funding.
Federal government employees themselves are covered under Section 501 of the Rehabilitation Act rather than the ADA, making the Rehabilitation Act the governing law for anyone employed directly by a federal agency.
The practical implication is that if you work for the federal government, a federal contractor, or an organization that receives federal funding, the Rehabilitation Act may be the relevant statute for your situation rather than or in addition to the ADA.
How the Two Laws Compare in Terms of Protections
The protections offered by the ADA and the Rehabilitation Act are largely parallel. Both prohibit discrimination based on disability, both require reasonable accommodations, and both define disability in similar terms as a physical or mental impairment that substantially limits one or more major life activities.
Key areas where the two laws interact and sometimes differ include:
- The category of employer each law covers and the threshold requirements for coverage
- The administrative process for filing a complaint, which differs between EEOC charges under the ADA and complaints filed through other channels under the Rehabilitation Act
- The remedies available under each law and how damages are calculated
- The standards courts apply when evaluating whether an employer met its obligations
In many cases involving federal contractors or federally funded entities, both laws may apply simultaneously, and understanding how they interact requires careful legal analysis.
Why Knowing Which Law Applies Matters for Your Claim
The procedural requirements for pursuing a claim differ depending on which law governs your situation. Filing deadlines, the agencies involved, and the process for exhausting administrative remedies before going to court all vary. A misstep in that process can affect your ability to pursue a claim regardless of how strong the underlying facts are.
That’s one of the most important reasons to consult an employment attorney early in the process rather than trying to navigate the procedural landscape on your own. If you believe you have experienced disability discrimination at work, reaching out to an attorney who understands both the ADA and the Rehabilitation Act gives you the clearest picture of which protections apply to your situation and how to pursue them effectively.