The Rehabilitation Act of 1973 includes Section 501 which, while not prohibiting discrimination against individu als with disabilities, calls for affirmative action in their "hiring, placement, and advancement "Now in existence for more than a quarter century, the statute has a substantial body of case law that considers how Section 501 is to be applied Particular attention has focused on plaintiffs' and the government's burdens in terms of prima facie cases, reasonable accommodation, and being "otherwise qualified" The case law has not considered affirmative action The discussion concludes by discussing options in how affirmative action might be applied in the new century for people with disabilities in federal employment
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References
1.
Administrative Dispute Resolution Act, 1996. PL 104-320, 110 Stat 3870
2.
Age Discrimination in Employment Act, 1967 PL 90-202, 81 Stat. 602
3.
Americans with Disabilities Act (1990) PL 101-336, 104 Stat 327
4.
Architectural Barriers Act (1968) PL 90-480, 82 Stat 718 Civil Rights Act (1964) PL 88-352, 78 Stat 241
5.
Civil Rights Act (1991) PL 102-166, 105 Stat 1071
6.
Civil Service Reform Act (1978) PL 95-454, 92 Stat 1111
7.
Coffin, J.N. (1998) Rehabilitation Act of 1973 and Americans with Disabilities Act HIV-Infected health care workers and the "direct threat" defenseTennessee Law Review, 66, 311-329
8.
Condrey, S.E. & Brudney, J. (1998) The Americans with Disabilities Act of 1990 Assessing its implementation in America's largest citiesAmerican Review of Public Administration, 28, 26-42
9.
False Claims Act (1863) Ch 67, 12 Stat 696
10.
False Claims Amendments Act (1986) PL 99-562, 100 Stat 3153
11.
Family and Medical Leave Act (1993) PL 103-3, 107 Stat 6
12.
Federal Employees' Compensation Act (1908) PL 60-176, 35 Stat 556
13.
Frierson, J.G. (1999, Summer) Reductions-in-force under the ADA May employers base decisions on disability-related performance and attendance records? Employee Relations Journal, 25, 93-107
14.
Lee, R.D. , Jr , (1993) Public Personnel Systems, 3d ed Gaithersburg, MDAspen Publishers
15.
Lee, R.D. , Jr & Greenlaw, P. (1995) The legal evolution of sexual harassmentPublic Administration Review, 55, 43-58
16.
Lee, R.D. , Jr & Greenlaw, P. (1998-99) Rights and responsibilities of employees and employers under the Americans with Disabilities Act of 1990Journal of Individual Employment Rights, 7, 1-13
17.
Moberly, M.D. (1998) Letting Katz out of the bag The employer's duty to accommodate perceived disabilitiesArizona State Law Journal , 30, 603-642
18.
Rehabilitation Act (1973) PL 93-112, 87 Stat. 355
19.
Rehabilitation Act Amendments (1992) PL 102-569, 106 Stat 4344
20.
Rehabilitation Act Amendments (1998) PL 105-220, 112 Stat 1092
21.
Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments (1978) PL. 95-602, 92 Stat 2955
22.
Riccucci, N.M. (1997, Fall) The legal status of affirmative action Past developments, future prospects, Review of Public Personnel Administration, 17, 22-37
23.
Tate, K.W. (1989) The federal employer's duties under the Rehabilitation Act Does reasonable accommodation or affirmative action include reassignment ? Texas Law Review, 67, 781-849
24.
United States Equal Employment Opportunity Commission (1991) Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act, 29 C F R § 1630 1
25.
United States Equal Employment Opportunity Commission (1997) Affirmative Action Appropriate Under Title VII of the Civil Rights Act of 1964, as Amended 29 C F R ∫ 1608
26.
United States Equal Employment Opportunity Commission (1998) Federal Sector Equal Employment Opportunity 29 C.ER § 1614.203
27.
United States Equal Employment Opportunity Commission (1999) Federal Sector Equal Employment Opportunity Final Rule 64 FR 37644
28.
United States Office of Personnel Management ( 1998a) The Fact Book Federal Civilian Workforce Statistics, 1998 ed Washington: U S Government Printing Office
29.
United State Office of Personnel Management ( 1998b) Federal Cevilian Workforce Statistics Employment and Trends as of May1998WashingtonU S Government Printing Office
Weber, M.C. , (1998) Beyond the Americans with Disabilities Act A national employment policy for people with disabilitiesBuffalo Law Review, 46, 123-174
