Legal Issues

The following resources will lead nursing students and nurses with disabilities to information about federal laws related to people with disabilities. In 1973, the Rehabilitation Act Section 504 was passed. It states: No otherwise qualified handicapped individual in the United States . . .shall solely by reason of this handicap be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance (p.22678). In addition, section 504 states that qualified individuals cannot be subject to discrimination in educational programs.

The Americans with Disabilities Act was passed in 1990. It prohibits discrimination on the basis of disability by entities providing public and private preschool, elementary, secondary and postsecondary education. It also prohibits discrimination on the basis of disability in employment, state and local government, public accommodations, commercial facilities, transportation and telecommunications.

The American Association of People with Disabilities
Works for the full implementation and enforcement of disability nondiscrimination laws, particularly the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973.

The Job Accommodation Network (JAN)
Is a free consulting service that provides information about job accommodations, and the Americans with Disabilities Act (ADA).

Office of the Americans with Disabilities Act
Civil Rights Division
U.S. Department of Justice

Information/ Fact sheet about job applicants and employees in the health care field.
Questions and Answers about Health Care Workers and the Americans with Disabilities Act

The U.S. Equal Employment Opportunity Commission
Employment of Health Care Workers with Disabilities

Reasonable Accommodation
Susan Matt, RN, MN, JD is a hard of hearing nurse attorney. The following article provides an excellent review of reasonable accommodation and essential functions of a job. Knowledge of the law can facilitate requests for opportunities equal to the general population.
Matt, S.B. (2003, May 1). Reasonable Accommodation: What Does the Law Really Require? Journal of the Association of Medical Professional with Hearing Losses, 1.

U.S. Equal Employment Opportunity Commission
Any individual who believes he or she has been discriminated against in employment may file an administrative charge with the EEOC.

Office for Civil Rights, U.S. Department of Education
Ten regional offices are able to answer questions on matters related to Section 504 of the Rehabilitation Act of 1973

  • Region I
    Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont
    (617) 289-0111
  • Region II
    New Jersey, New York, Puerto Rico, Virgin Islands
    (212) 637-6466
  • Region III
    Delaware, Virginia
    (215) 656-8541
  • Region IV
    Alabama, Florida, Georgia, North Carolina, South Carolina, Tennessee
    (404) 562-6350
  • Region V
    Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin
    (312) 886-8434
  • Region VI
    Arkansas, Louisiana, Mississippi, Oklahoma, Texas
    (214) 880-2459
  • Region VII
    Iowa, Kansas, Kentucky, Missouri, Nebraska
    (816) 880-4200
  • Region VIII
    Arizona, Utah, Wyoming
    (303) 844-5695
  • Region IX
    California, only
    (415) 556-4275
  • Region X
    Alaska, Hawaii, Idaho, Nevada, Oregon, Washington, American Samoa, Guam, Trust Territory of the Pacific
    (206) 220-7900