What are my legal obligations surrounding including and accommodating volunteers with disabilities?

1. What is Section 504?*
   Section 504 of the Rehabilitation Act of 1973 states that "no otherwise qualified individual with a disability in the United States . . . shall, solely by reason of [her or] his disability, 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 ..."
   Section 504 applies to any entity that receives federal assistance, including grant funds, services of federally sponsored participants, or federally subsidized training. While some entities, such as tribal governments or religious organizations, may be specifically exempted from certain federal nondiscrimination requirements, Section 504 does not include any such exemptions ...
   ... Programs and activities covered by Section 504 must be accessible to persons with disabilities, and recipients must provide reasonable accommodations to allow a qualified person with a disability to receive services, participate in the entities- programs, or perform the essential function of a position. Section 504 does not require {organizations) to take any action that would result in a "fundamental alteration" in the nature of a program or activity or that would cause an "undue financial or administrative burden."
   • Even if you don’t receive federal funds you may be required to make your facilities and programs accessible under Title I, II, or III of the Americans with Disabilities Act (ADA).


2. What is the Americans with Disabilities Act (ADA)?*
   The Americans with Disabilities Act, or ADA, is perhaps the most well known federal statute that extends civil rights protections to persons with disabilities. The ADA, enacted in 1990, prohibits discrimination on the basis of disability in employment, state and local government, public accommodations, commercial facilities, transportation, and telecommunications.



3. What is Title I of the ADA and how does it pertain to volunteer service?
   Title I of the ADA Prohibits disability discrimination in an employment situation. Volunteers usually are not protected "employees" however, according to the EEOC and judicial decisions, if benefits of volunteer service constitute "significant remuneration", volunteer service could be subject to the law. Under the ADA, a qualified employee with a disability working for a covered employer is entitled to reasonable accommodations to enable equal employment opportunities.



4. What is Title II of the ADA?
   Title II prohibits discrimination in programs and services of state and local governments. In general, Title II prohibits the denial of programs, services, or benefits to an otherwise qualified person with a disability. In addition, a Title II entity may not deny the benefits of its programs, activities, and services to individuals with disabilities because its facilities are inaccessible. However, such an entity is not required to modify each existing facility to be fully accessible as long as it can ensure program access.



5. What is Title III of the ADA and how does it pertain to volunteers?
   Title III prohibits discrimination toward individuals with disabilities by public accommodations and commercial facilities. Under Title III your program may be required to be accessible and to offer reasonable accommodations to persons with disabilities to ensure equal access.

• For more information on the ADA and its requirements visit http://www.adaportal.org/default.htm
• Also check out this resource: Managing Volunteers Within the Law
• For further technical assistance on the ADA, contact:
  Pacific Disability and Business Technical Assistance Center
  ADA and Accessible Information Technology Center
  1-800-949-4232
  510-285-5600 Voice/TTY
  510-285-5614 Fax
  pacific@pdbtac.com
• Or ADA Information Line: The Department of Justice's toll-free hotline to obtain answers to general and technical questions about the ADA and to order technical assistance materials. 800-514-0301 (voice), 800-514-0383 (TTY), www.usdoj.gov/crt/adahoml.htm
• For further information on Legal Requirements link to Creating an Inclusive Environment: A Handbook for the Inclusion of People with Disabilities in National and Community Service Programs