Legal Rights of Persons With Disabilities - Ossh.com

If you believe that you have been discriminated against by a government contractor, you may file a
formal complaint with the U.S. Department of Labor. The complaint must be filed with the Director of the
OFCCP within 300 days of the occurrence of the alleged violation. This time limit may be extended for
good cause. (41 C.F.R. ' 60-741.61(b).)
3. Recipients of Federal Funds
The Rehabilitation Act is also designed to eliminate discrimination on the basis of disability in
programs or activities which receive federal financial assistance. (29 U.S.C. ' 794.)
a. Protections
No "otherwise qualified" individual with a disability can, solely by reason of his or her disability,
be: 1) excluded from participation in, 2) be denied the benefits of, or 3) be subjected to discrimination
under any program or activity receiving federal money or administered by a federal agency. An "otherwise
qualified" individual with a disability is one who meets a program's requirements in spite of his or her
disability. However, a program may have to justify its requirements by showing that they are valid and
necessary. (29 U.S.C. ' 794; 28 C.F.R. ' 41.32.)
b. Responsibilities of Employers Who Receive Federal Funds
Recipients of federal financial assistance may not discriminate on the basis of disability in any area
of employment, including recruitment, hiring, promotion, rate of pay, job assignment, or any terms,
conditions or privileges of employment. Employers must make reasonable accommodations for employees'
and job applicants' disabilities.
An employer may not conduct a pre-employment medical exam unless it is required of all
applicants and the results are not used to discriminate. Except as described below, the employer may
not ask whether an applicant is disabled or inquire about the nature and severity of the disability. The
employer may ask whether an individual is able to perform job-related functions.
The employer may ask about disabilities not related to job performance only for affirmative action
or other legitimate purposes. There must be a clear statement explaining that providing the information is
voluntary, that the information will be kept confidential, and that there is no penalty for withholding
information. The employer may give such information to supervisors and managers, first aid and safety
personnel, and government officials investigating compliance with the Act.
A recipient of federal funds may not use criteria which tend to screen out individuals with
disabilities, unless the criteria are job-related and alternative criteria or testing methods are unavailable.
c. Complaint Procedures for Discrimination by Recipients of Federal Funds
If a funding recipient violates the law, the agency which provided the funds may enforce
compliance by terminating federal funding to the program or activity affected or by any other legally
authorized means. If you believe that you have experienced discrimination, you generally must file a
written complaint within 180 days from the date of the alleged discrimination with the agency that provides
funds for the particular employer. If the agency finds that the recipient did not violate the provisions of the
Act, then you may appeal to federal court. In most cases, you can also go directly to federal court and
bypass the entire administrative process.
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