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Handicap discrimination law: what does the statute imply?
Hospital Progress
|December 12, 1980
Summary
Recent court actions involve Sections 503 and 504 of the Rehabilitation Act of 1973. Future litigation will clarify "qualified handicapped individual" status and private rights for employment discrimination cases.
Area of Science:
- Law and Social Sciences
- Disability Rights Law
Background:
- Sections 503 and 504 of the Rehabilitation Act of 1973 are central to current legal discussions.
- These sections address non-discrimination for individuals with disabilities in federally funded programs and employment.
Purpose of the Study:
- To analyze the current legal landscape surrounding Sections 503 and 504.
- To anticipate future litigation trends concerning the definition of "qualified handicapped individual" and private rights of action.
Main Methods:
- Review of recent court cases and legal analyses.
- Examination of statutory language and legislative intent.
Main Results:
- Significant litigation is ongoing regarding the interpretation of "qualified handicapped individual" under these sections.
- The existence of an implied private right of action for employment discrimination claims remains a key point of legal contention.
Conclusions:
- The legal definitions and enforcement mechanisms of Sections 503 and 504 are still evolving.
- Further judicial interpretation is necessary to provide clarity on individual rights and employer obligations.