Issue

Section 504

ADA

Coverage

Covers only recipients of Federal funds

Covers all employers
with 15 or more
employees; adds
2-year exemption for
employers with less than
25 employees

Definition of
"Qualified"
Individual with
Disability"

A disabled person who, with "reasonable" accommodation, can perform the essential functions of the job

An individual with a
disability who, with or
without reasonable
accommodation, can
perform the essential
functions of the
employment position

Reasonable
Accommodation

Reasonable Accommodation
may include:

Reasonable
Accommodation may include:

making facilities used by
employees readily accessible
and usable by disabled
persons

making facilities readily
accessible

job restructuring, part-time or
modified work schedules

job restructuring,
part-time or modified
work schedules

No comparable provision.

reassignment to a vacant
position

acquisition or modification of
equipment or devices

acquisition or
modification of
equipment or devices

Issue

Section 504

ADA

No comparable provision.

appropriate adjustment or modifications of
examinations, training
materials or policies

provision of readers or interpreters

provision of readers or interpreters

Undue Hardship

Factors considered:

Factors considered:

1)

size of the organization

1)

size of the organization and its budget

and its budget

2)

type of operation

2)

type of operation

3)

nature and cost of

3)

nature and cost of accommodation

accommodation

Drug and Alcohol
Use

Current drug use is not considered a disability

Current drug use is not considered a disability

Current alcohol abuse that
prevents individual from
performing duties of the
job or that constitutes
direct threat to property or
safety of others is not
considered a disability

Current alcohol abuse that prevents individual from performing duties of the job or that constitutes direct threat to property or
safety of others is not
considered a disability

Communicable
Diseases

Term "individual with
disabilities" excludes any
individual with a
communicable disease
which would constitute a 
direct threat to the health 
or safety of others or 
which renders the
individual unable to
perform the job

Permits qualification
standard requiring that an individual with a
currently-communicable
disease or infection not
pose a direct threat to the health or safety of others

Issue

Section 504

ADA

Relationships
or Associations

No comparable provision.

Prohibits discrimination
based on relationship to or association with
another disability