What Is the Difference Between the ADA and Section 504?

The landscape of disability rights has been shaped by key legislation, including the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act.  Though both acts emphasize nondiscrimination against people with disabilities, they function in separate capacities, catering to various aspects of everyday life. 

History of Section 504 and the ADA

The disability rights movement has been significantly shaped by pivotal protests and influential figures. The 504 Sit-Ins in 1977 were a landmark event where disabled activists occupied federal buildings to demand the implementation of Section 504 of the Rehabilitation Act. This protest was crucial in changing perceptions and policies regarding disability rights, paving the way for future legislation like the Americans with Disabilities Act (ADA) 

Similarly, the Capitol Crawl in 1990 was a demonstration where activists crawled up the steps of the U.S. Capitol to highlight the inaccessibility faced by disabled people and to push for the passage of the ADA. 

Judy Heumann, often referred to as the "Mother” of the Disability Rights Movement, played a pivotal role in these events and broader disability rights initiatives.

Heumann’s legacy has continued to influence disabled people in the continued pursuit of greater access and inclusion.

How is Section 504 Different from the ADA?

The ADA, also known as the Americans with Disabilities Act, is a civil rights act protecting the rights of people with disabilities. The ADA ensures places like stores, restaurants, and schools are accessible to people with disabilities, whether that’s through ramps and elevators, or access to accommodations for students with disabilities. 

Section 504 is not part of the Americans with Disabilities Act; however, it protects similar rights for disabled people. Section 504 is part of the Rehabilitation Act of 1973. Section 504 prohibits discrimination against people with disabilities in programs and activities funded by federal agencies. This includes areas like public schools and public transportation. 

In simpler terms, the ADA and Section 504 are separate but similar. The ADA encompasses all areas of life, both public and private, whereas section 504 focuses specifically on federally funded programs and activities. 

Section 504: Targeting Federally Funded Programs 

Picture constructing an accessible home to symbolize the advancement of disability rights. In this home, Section 504 and the ADA are two essential components that ensure everyone can enter and enjoy the space equally. Section 504, which was passed before the ADA, is like the foundation of the home and serves as the groundwork for further laws like the ADA. The ADA, enacted in 1990, is like the home built on top of this foundation.

Section 504 ensures federally funded entities are accessible to people with disabilities. This means federally funded entities cannot discriminate against disabled people. Areas where Section 504 applies include:

• Schools: Public schools must provide a Free Appropriate Public Education (FAPE) by accommodating students with disabilities to ensure equal access to education and activities. Additionally, public colleges and universities that receive federal funding must comply with Section 504 and the ADA, but FAPE does not apply to them since they can charge tuition fees, unlike K-12 public schools.
• Healthcare: If a healthcare facility accepts Medicaid—a form of health insurance that is federally funded—it is required to comply with both Section 504 of the Rehabilitation Act and the ADA
• Housing: Programs funded by the U.S. Department of Housing and Urban Development (HUD), such as public housing and housing assistance programs, must comply with Section 504 to ensure accessibility for individuals with disabilities.
• Transportation: Public transportation systems receiving federal funding must be accessible to individuals with disabilities. Common accommodations include priority seating and ramp or lift access.
• Social Services: Programs receiving federal funding which supports wider communities must also comply with section 504. These programs could include job training services for disabled people, child and family services, and nutrition and food assistance programs, among others.

What Does the Americans with Disabilities Act Cover? 

When the ADA became law in 1990, it was built upon the foundation laid by Section 504. While Section 504 focused on entities receiving federal funding, the ADA ensured accessibility was prioritized across a broader range of public and private spaces.

If you go to a local restaurant or store and you see wheelchair ramps or elevators, you’re seeing the ADA’s federal mandates being enforced. If you apply for a job, an employer cannot deny you employment due to your disability, and they must provide reasonable accommodations like a flexible work schedule, or assistive technology to perform your job duties. These examples fall under the ADA, which is a federal law in the U.S. 

What Disabilities Are Covered under the ADA?

Under the ADA, a person is considered disabled and therefore protected by the law if they have a physical or mental impairment that significantly restricts one or more major life activities. This definition also includes individuals who have a history or record of impairment, like cancer in remission, or those who are perceived by others as having an impairment, like someone with scars from a severe burn.

What are the Five Principles of the ADA?

The ADA falls into five separate titles. Titles include:

• Title I: This title focuses on employment, requiring employers to provide equal opportunities for individuals with disabilities. It mandates reasonable accommodations in the workplace and prohibits discrimination in hiring, promotion, and other employment practices.
• Title II: Under this title, state and local governments must ensure their services, programs, and activities are accessible to people with disabilities. This includes making public facilities and transportation systems inclusive and accommodating.
• Title III: This title requires businesses and non-profits that serve the public to be accessible to individuals with disabilities. It covers a wide range of public accommodations, like restaurants, hotels, and retail stores, ensuring they remove barriers to access.
• Title IV: Focused on telecommunications, Title IV mandates phone companies to provide services which allow customers who are deaf or hard of hearing, as well as those who have speech disabilities, to communicate.
• Title V: The ADA protects individuals from retaliation when they assert their rights, ensuring they can do so without fear of negative outcomes. It also allows individuals with disabilities to refuse any aid or accommodation they do not want, emphasizing personal choice. Additionally, courts can award attorneys' fees to the winning party in ADA lawsuits, helping to cover legal expenses. Finally, certain federal agencies are tasked with providing guidance to clarify and implement the law effectively.

What Are Examples of ADA Accommodations?

The accommodations a person needs will vary on a case-by-case basis, but general examples include:

1. A flexible work schedule, hybrid, or remote work may be utilized for an employee who has frequent medical appointments.
2. Ramps and elevators are installed in public buildings to ensure individuals with mobility impairments can access all areas of the facility.
3. Public transportation systems may include buses with ramps or lifts to accommodate passengers with disabilities.
4. A student with a learning disability might receive extra time to complete exams or have access to audio versions of textbooks to better accommodate their learning needs.
5. Hospitals or doctor offices might provide sign language interpreters for patients who are deaf or hard of hearing.

What is considered a violation of the ADA?

Examples of ADA violations include:

1. Denying entry to individuals with service dogs in public places such as restaurants, hotels, or stores, even though these animals are trained to assist with specific tasks related to a person's disability. 
2. Inaccessible bathroom stalls with improper dimensions or the toilet or grab bars being incorrectly installed.
3. Making hiring decisions based on assumptions about a person's disability and their ability to perform job duties, rather than evaluating their actual qualifications and ability to perform essential job functions with or without reasonable accommodation. 
4. Fire alarms which do not both flash and make noise
5. Missing signage or significantly faded paint making accessible parking spaces hard to identify.

What does ADA Exempt Mean?

ADA exempt refers to businesses or organizations which are not required to comply with the ADA. This does not necessarily mean these entities do not comply with the ADA; they may comply by choice, welcoming more people from nearby communities, but they are not required to. ADA exempt organizations can include:

• Religious institutions: Churches, mosques, temples, and other houses of worship are exempt from the ADA because applying federal law to religious institutions would conflict with the First Amendment. Although not explicitly stated in the Constitution, the Establishment Clause was famously described by Thomas Jefferson as a "wall of separation between Church & State." 
• Private Clubs: Organizations with selective membership and no public access, such as exclusive country clubs, private golf clubs, and certain social clubs, are exempt from the ADA because they don't qualify as "public accommodations." If a private club host public events, they must comply with ADA standards during those times.
• Historic Buildings: Historic buildings must comply with ADA requirements, but they have flexibility to use alternative methods if full compliance would impact a building’s historical significance. Despite exceptions, these buildings must still meet minimum accessibility standards, like providing at least one accessible entrance. All new construction buildings which are open to the public, though, must comply with the ADA.
• Small Businesses: Entities with fewer than 15 employees or those operating for less than 20 weeks a year are generally exempt from Title I of the ADA, which pertains to employment discrimination. However, all businesses open to the public, regardless of size, must comply with Title III of the ADA, ensuring their facilities are accessible to customers with disabilities. This means that even small businesses must make reasonable accommodations to remove barriers and provide equal access to their services and facilities.

Who Enforces the ADA and Section 504? 

Section 504 is enforced by the Office for Civil Rights, whereas the ADA is enforced by the Department of Justice. Both laws have detailed regulations to ensure compliance, as well as processes for investigation, resolution, and potential legal action if compliance is not achieved.

Read the related articles below to learn more about disability rights, legal compliance, and access and inclusion for people with disabilities.