Section 504 Guide for Employers, Educators, and Service Providers
Everyday people need access to information to live independently, receive services, and make informed decisions. Section 504 protects those rights in federally funded programs for people with disabilities.
For employers, educators, and providers, understanding the law means knowing who’s protected and what your organization must provide. And how responsibilities continue when another company supplies your materials or services.
What is Section 504
Section 504 is part of the Rehabilitation Act of 1973. It prohibits discrimination against otherwise qualified individuals with disabilities because of their disability. By requiring equal access to programs or activities receiving federal financial assistance. It also applies to programs and activities conducted by federal executive agencies and the U.S. Postal Service.
Coverage can extend beyond the program receiving federal support. For example, when a college receives federal financial assistance, Section 504 generally covers all the college’s operations, not just the program receiving support.
Section 504 has a broad scope, and its rules depend on the recipient, program, and the laws governing a covered program or activity. While the Department of Justice enforces federal laws and programs, it coordinates with many federal departments. These agencies provide guidance, oversight, and define the laws as they apply to each covered program. Examples include the U.S. Department of Education’s (DOE) Office for Civil Rights (OCR), which oversees covered education programs. The Department of Health and Human Services’(HHS) OCR enforces Section 504 for programs receiving HHS financial assistance.
Section 504 protects consumers and clients
Section 504 protects qualified participants with a disability in covered programs. For example, a federally assisted hospital must provide equal access to goods, services, programs, and information for its patients, their family or caregiver, and its employees with disabilities.
Section 504 and the Americans with Disabilities Act (ADA) can apply at the same time to protect the rights of people with disabilities. ADA Title II covers state and local government programs, and Title III covers many private businesses and nonprofit organizations serving the public. Receiving federal financial assistance can add Section 504 responsibilities. Each law has its own scope and requirements.
Who is protected
Person with a disability generally means a physical or mental impairment that substantially limits a major life activity, a record of such an impairment, or being regarded as having such an impairment. The Americans with Disabilities Act (ADA) Amendments Act of 2008 broadened this definition and amended the Rehabilitation Act.
Major life activities encompass seeing, hearing, walking, reading, learning, concentrating, communicating, and working, along with major bodily functions. Disabilities do not have to be visible.
Being protected from discrimination does not automatically entitle an individual to every requested accommodation. Eligibility and the need for an accommodation or modification depend on the setting and the individual’s circumstances.
How Section 504 and the ADA differ from Section 508
Section 504, the ADA, state law, or contract terms still require accessible technology. Accessibility also extends beyond screen reader compatibility. People may need keyboard access, captions, adequate contrast, accessible forms, enlarged print, or other Web Content Accessibility Guidelines (WCAG).
Section 508 covers information and communication technology that federal agencies develop, procure, maintain, or use. It protects access for federal employees and members of the public with disabilities. Receiving federal financial assistance does not, by itself, make every recipient subject to Section 508.
Related: Section 508, ADA, WCAG, 2.0, 2.1, AA, AAA, Digital Accessibility… What Does It All Mean?
Section 504 in employment
Section 504 addresses disability discrimination in covered employment and uses ADA Title I employment standards. A qualified applicant or employee must meet the position’s requirements and can perform its essential functions with or without reasonable accommodation.
Covered employers must provide reasonable accommodation unless it would impose an undue hardship. They should discuss the barrier with the individual and identify an effective accommodation. Examples include accessible documents, assistive technology, qualified readers or interpreters, modified schedules, and changes to how a task is performed. Employers generally do not have to eliminate essential job functions or adjust production requirements if the consumer has deadlines.
An employer may deny an accommodation that would impose an undue hardship, meaning significant difficulty or expense. Accommodations should be based on the individual’s needs, not assumptions about disability. The U.S. Equal Employment Opportunity Commission (EEOC) is the federal agency responsible for enforcement of employment laws. They also provide guidance on reasonable accommodations and undue hardship.
Section 504 in elementary and secondary education
Public school districts covered by Section 504 must provide a free appropriate public education (FAPE) to each qualified student with a disability within their jurisdiction. This includes regular or special education and related aids and services designed to meet the student’s individual educational needs, as adequately as the needs of students without disabilities.
Section 504 and the Individuals with Disabilities Education Act (IDEA) have different eligibility standards and procedures. A student may qualify under Section 504 without qualifying under IDEA. An Individualized Education Program (IEP) is an IDEA document; a student does not need an IEP to receive Section 504 services. Schools commonly document those services in a Section 504 plan.
Federally assisted private elementary and secondary schools also have Section 504 obligations, but their requirements differ from the public school FAPE framework.
Evaluation and placement
A public school must evaluate a student when it has reason to believe the student has a disability and needs special education or related services. A medical diagnosis is not a prerequisite. If the school determines that a medical assessment is necessary for its evaluation, it must ensure the assessment is provided without cost to the parents.
Evaluation and placement decisions must draw on multiple sources and involve people knowledgeable about the student (including the parents or guardian), the evaluation information, and placement options. Schools must reevaluate periodically and before a significant change in placement. Suspecting a disability triggers evaluation responsibilities; it does not automatically determine eligibility or a particular set of services.
Section 504 in postsecondary education
Colleges, universities, and other covered postsecondary programs must provide qualified students with equal access. FAPE and the K–12 IEP process do not carry over to college. Students seeking individual accommodations generally must identify their needs, follow the school’s request process, and provide appropriate supporting documentation when required.
A high school IEP or Section 504 plan may help explain previous services, but it does not automatically establish the college’s obligations. Students should contact the disability services office early to ensure a smooth transition. Institutions cannot charge students for required academic adjustments and auxiliary aids, but they can still require the same tuition and program fees as students without a disability.
Third-party providers and accessibility responsibilities
Organizations often rely on third-party providers for websites, payment portals, documents, educational programs, and other services. These third-party services do not remove the organization’s accessibility obligations. Both parties should understand the laws that apply to them and clearly address accessibility in their contracts.
Public entities retain their ADA Title II responsibilities when they deliver services through contracts, licenses, or other arrangements. Hiring a private provider does not transfer that responsibility, and referring someone to the vendor does not resolve an access barrier.
Accessible information and effective communication
People rely on accessible information to apply for benefits independently, understand instructions, review documents, or participate in a community program. Section 504 requires covered programs to provide meaningful access, including effective communication. The appropriate format depends on the person’s needs and the information being shared. Options may include braille, large print, audio, accessible electronic documents, qualified readers, captioning, or qualified interpreters. But it must meet the person’s needs. If someone is blind but doesn’t read braille, that is not an effective form of communication.
An accessible website does not replace every other communication need. Someone may use a portal for routine transactions but need a notice in large print or braille to review it independently. It is also important to note that a person with a disability cannot be charged for accessible services or access. The exception to this is that they can be charged the same as everyone else if a program has a fee.
Related: ADA Effective Communication Goes Beyond Digital Accessibility
Digital information and service providers
Applications, payment systems, appointment scheduling, and downloadable forms can all affect a person’s access to a covered program. Organizations should identify the digital accessibility standards required by their funding agency, other applicable laws, and contracts. Section 504 does not establish one WCAG version and deadline for every recipient.
A private provider may have its own Section 504 obligations if it receives federal financial assistance, as well as ADA obligations where applicable. Selling a product or service to a covered organization does not, by itself, make the vendor a recipient of federal assistance. The funding arrangement and the provider’s role matter.
Contracts can require Section 508 standards or a specified WCAG version and level even when Section 508 does not directly cover the vendor. The agreement should identify the deliverables, how accessibility will be verified, and who will correct problems. The General Services Administration (GSA) provides guidance on contract requirements when Section 508 requirements are necessary.
Digital access can also be enforced under the ADA. For example, DOJ’s 2015 agreement with edX required improvements to its online platform under Title III. That case illustrates a separate basis for enforcement; it was not a Section 504 funding action.
Consequences of failing to provide access
An inaccessible form, notice, or service can prevent someone from receiving benefits or participating in a covered program and deny them a civil right of independence. A person who experiences disability discrimination may file a complaint with the responsible federal agency. Section 504 may also be enforced through a private lawsuit.
An agency investigation can lead to corrective action, such as revised procedures, accessible materials, staff training, and monitoring. If voluntary compliance cannot be achieved, the agency may suspend or terminate applicable federal financial assistance, or refer the matter for legal enforcement, under its governing procedures. A complaint does not automatically result in loss of funding. The Department of Education’s complaint process is one example of how a funding agency addresses compliance.
When the ADA also applies, it provides separate enforcement options. Under Title III, DOJ may seek corrective orders, damages for affected individuals, and civil penalties. Private Title III lawsuits generally seek corrective orders and attorney’s fees rather than damages under Title III itself. A vendor may also face contractual remedies for failing to deliver accessible services or materials.
Putting accessibility into practice
So, now that the responsibilities are outlined, what can your organization do? The answer seems simple: strive for 100% compliance. Here are steps to help achieve compliance.
Review the information people need to use your service.
This includes applications, consent forms, statements, notices, and instructions. Prepare frequently used materials in accessible formats and establish a process for requests involving individual or specialized documents. Consider when the person needs the information, especially when a response or decision is due.
Staff should know how to receive and fulfill a request for compliance.
Start by determining who will provide accessibility and how to follow up. Record recurring format preferences so people do not have to make the same request for every statement or notice. Protect personal information throughout production and delivery.
When choosing a document accessibility partner, discuss the required formats, testing and quality review, turnaround times, and secure file handling. Include accessibility in routine purchasing and document updates so new barriers do not replace the ones you have corrected.
