Lawsuit Threatens Section 504 of the Rehabilitation Act

Takeaways

• Section 504 of the Rehabilitation Act of 1973 is a landmark civil rights law that prohibits discrimination on the basis of disability in federally funded programs and activities.
• In September 2024, 17 states filed a lawsuit challenging Section 504, arguing that updates the Biden administration made to the law are unconstitutional.
• The lawsuit, Texas v. Becerra, raises significant questions about the extent of federal authority under Section 504 and could potentially limit the federal government's ability to enforce Section 504 protections.
• The outcome of this case could have significant implications for disability rights, potentially affecting access to accommodations and services for individuals with disabilities across various sectors, including education and health care.

A decades-old law guaranteeing rights to people with disabilities is under threat. In September 2024, 17 states filed a lawsuit, Texas v. Becerra, against the United States arguing that Section 504 of the Rehabilitation Act of 1973 is unconstitutional. The suit came a few months after the Biden administration issued updates to Section 504.

Understanding Section 504 of the Rehabilitation Act

Section 504 of the Rehabilitation Act of 1973 is a landmark civil rights law that prohibits discrimination based on disability in federally funded programs and activities. It states, in part:

"No otherwise qualified individual with a disability in the United States shall, solely by reason of her or his disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance."

This provision applies to public schools, universities, health care providers, and social service programs receiving federal funds and to programs run by federal agencies. It mandates reasonable accommodations for people with disabilities to ensure equal access to education, employment, health care, and more.

Key Protections Under Section 504

Section 504 regulations provide meaningful protections in areas of public life for individuals with disabilities:

• Education. Public schools must provide accommodations and services to students with disabilities to ensure equal access to general education. This includes, for instance, 504 plans.
• Employment. Federally funded employers must ensure reasonable workplace accommodations.
• Health Care. Hospitals, clinics, and providers receiving federal aid must ensure accessibility for patients with disabilities. For example, physicians must provide sign language interpreters for patients who are deaf or hard of hearing and rely on sign language and cannot deny medical aid to someone with a disability.
• Public Services. Transportation, housing, and social services that receive federal funding must comply with accessibility standards.

Texas v. Becerra: A Legal Challenge to Section 504

The updates to Section 504 outlined by the Biden administration in 2024 sought to strengthen protections for people with disabilities, including barring discrimination in such areas as medical treatment and the accessibility of digital content. The updates were the first made to the regulation since its enactment 50 years ago.

They clarified that, for example, medical treatment decisions cannot be based on negative biases and that federal agencies must provide services in the most integrated settings for individuals with disabilities. The preamble to the final rule also stated that gender dysphoria may constitute a physical or mental impairment.

The state attorneys general for Texas and 16 other states filed the Texas v. Becerra lawsuit to argue that the updates to Section 504 unlawfully change the express terms of Section 504 and the Americans with Disabilities Act (ADA). The lawsuit challenges the assertion that gender dysphoria may be related to disability. It seeks to rule the 2024 updates as illegal and Section 504 as a whole unconstitutional.

Alaska, Alabama, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, South Carolina, South Dakota, Utah, and West Virginia are the states that joined Texas in the lawsuit.

The lawsuit raises significant questions about the extent of federal authority under Section 504, particularly in balancing disability rights with state policies. If successful, the case could limit the federal government's ability to enforce Section 504 protections, potentially reducing access to accommodations and services for individuals with disabilities in all 50 states, Washington, D.C., and U.S. territories.

Amid the transition to the new presidential administration, the lawsuit is currently stayed, which means the court has temporarily paused it. Both parties in the suit submitted briefs in February. The court will review them and then make a ruling on whether the lawsuit will continue.

Implications of the Lawsuit

The outcome of this case could have significant implications for disability rights, potentially affecting access to accommodations and services for individuals with disabilities across various sectors, including education and health care.

• Potential Weakening of Section 504. A ruling in favor of Texas could set a precedent for states to challenge federal disability protections.
• Effects on Health Care Access. Health care providers in states challenging the law may have more leeway to deny certain accommodations.
• Education and Public Services. Public schools and federally funded programs may face legal uncertainty about their obligations under Section 504.

Various disability rights groups have expressed deep concern over the potential undermining of Section 504 protections and are actively monitoring the case.

The American Speech-Language-Hearing Association (ASHA) points to the “potential sweeping impact for people with disabilities,” while the National Association for the Deaf deems the suit “without merit.” According to the Disability Rights Education and Defense Fund (DREDF), if the lawsuit is successful, it “would invalidate students’ right to a 504 plan in school, patients’ right to accessible kiosks in their doctor’s offices, and the accessible transportation that people with disabilities need to work and take care of themselves.”

Learn More About Your Rights as a Person With Disabilities

Section 504 of the Rehabilitation Act remains a cornerstone of disability rights law, ensuring equal access to federally funded programs and services. However, Texas v. Becerra represents a significant challenge that could reshape the landscape of disability protections.

A fact sheet from the U.S. Department of Health and Human Services provides an overview of protected rights under Section 504. To learn more about how the regulation specifically affects students with disabilities, check out the Department of Education’s Section 504 webpages. The ADA website is another good resource for individuals with disabilities, where you can also file a complaint online. Meanwhile, the DREDF offers a useful Frequently Asked Questions document online about the lawsuit.

If you have questions about your specific situation or believe you have been discriminated against because of your disability, reach out to an experienced special needs law attorney near you.

For additional reading about rights for individuals with disabilities, check out the following articles:

• IDEA 101: A Short Primer on the Law for Students With Special Needs
• To Marry or Not to Marry: A Story of Disability Benefits
• Bill of Rights for Airline Passengers With Disabilities
• Rideshare Apps: Pros and Cons for People With Disabilities
• New Law Ensures That the Needs of People With Disabilities Are Part of Disaster Planning
• Study Finds Many Doctors Unaware of Their Legal Duties to Treat People With Disabilities