What is Section 503 of the Rehabilitation Act of 1973?

Asked 10-Jan-2018
Updated 14-Sep-2023
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Section 503 of the Rehabilitation Act of 1973 is a crucial piece of U.S. legislation that prohibits discrimination against individuals with disabilities by federal government contractors and subcontractors. Here is an overview of Section 503 and its significance:

1. Prohibition of Discrimination: Section 503 prohibits federal contractors and subcontractors from discriminating against individuals with disabilities in employment practices, including hiring, promotion, compensation, and other terms and conditions of employment.

2. Affirmative Action Requirement: One of the most significant aspects of Section 503 is its affirmative action requirement. Federal contractors and subcontractors covered by this section are required to take affirmative action to employ and advance qualified individuals with disabilities. This involves setting and maintaining specific hiring goals and objectives to increase the representation of disabled individuals in their workforce.

3. Record Keeping and Reporting: Covered employers are obligated to maintain records related to their compliance with Section 503. This includes records of job applications, hiring decisions, accommodation requests, and affirmative action plans. Employers are also required to submit annual reports on their affirmative action efforts to the Office of Federal Contract Compliance Programs (OFCCP).

4. Equal Opportunity Pledge: Employers subject to Section 503 must include an equal opportunity clause in their federal contracts and subcontracts. This clause communicates the employer's commitment to providing equal employment opportunities to qualified individuals with disabilities.

5. Enforcement: The Department of Labor's OFCCP is responsible for enforcing Section 503. They conduct compliance evaluations, reviews of affirmative action programs, and investigations into alleged violations. Employers found to be non-compliant may face penalties, contract cancellations, or other enforcement actions.

6. Reasonable Accommodation: While Section 503 primarily focuses on affirmative action and anti-discrimination measures, it indirectly reinforces the importance of providing reasonable accommodations to disabled employees to ensure equal access to employment opportunities.

7. Integration with the Americans with Disabilities Act (ADA): Section 503 complements the Americans with Disabilities Act (ADA), which prohibits disability discrimination in the private sector and state and local government. Together, these laws protect the rights of individuals with disabilities across various employment settings.

Section 503 is a critical piece of legislation that has played a vital role in promoting workplace inclusivity and equal employment opportunities for individuals with disabilities in federal government contracting. It reflects the government's commitment to ensuring that disabled individuals have fair access to employment and career advancement opportunities.