ADA vs. Section 504
| Area | ADA | SEction 504 |
|---|
| Scope |
Applies to employment, public services, transportation and public accommodations, regardless of whether federal funding is received. |
Applies to recipients of federal financial assistance only. |
| Coverage |
Covers "qualified individuals with disabilities," and qualified non-disabled people related to or associated with a disabled person. |
Covers "qualified individuals with handicaps." |
| Health and Safety |
Direct threat standard applies to all conditions, not just contagious diseases or alcoholism. In employment, applies to threat posed to others and individuals themselves. |
Does not protect people with contagious diseases or alcoholics whose condition would threaten the health and safety of others. |
| Contagious Diseases and Food Industry |
Restricts coverage of people with contagious diseases who work in the food industry if the disease is shown to be spread through food handling. |
People with contagious diseases are not covered if they pose a direct threat to health and safety of others; no specific mention of food-industry workers. |
| Site-Specific Factors |
Relationship between local facility and parent company considered in determining undue hardship. |
Not addressed by Section 504. |
| "Readily Achieveable" |
Public accommodations must remove architectural and communication barriers if removal is "readily achievable." |
Not addressed by Section 504. |
| Self-Evaluation & Coordination |
Required only of state and local governments, regardless of whether federal funding is received. |
All recipients of federal assistance must conduct a self-evaluation and name a 504 coordinator. |
| Health Insurance |
Employers must provide equal benefits to disabled employees, but are not required to change insurance carrier. |
Federal fund recipients must change health insurance company if employer policy does not cover disabilities. |
| 11th Amendment Immunity |
Specifically abolishes states' 11th Amendment immunity from suits filed under ADA. |
11th Amendment protects states from suits filed under Section 504. |
| Written Job Descriptions as Evidence of Essential Job Functions |
Allows written job descriptions to be considered evidence of essential job functions. |
Not addressed by Section 504. |