Disability Discrimination Law Update: Sixth Circuit Holds that §504 of Rehabilitation Act Does Not Provide Cause of Action for Retaliation

The United States Court of Appeals for the Sixth Circuit, which hears appeals arising out of federal courts in Michigan, Ohio, Kentucky, and Tennessee, has issued an opinion holding that Section 504 of the Rehabilitation Act does not provide a cause of action for retaliation. The case is Smith v. Michigan Department of Corrections, et al.

Section 504 of the Rehabilitation Act of 1973 is a federal civil rights law that prohibits discrimination based on disability in programs and activities that receive federal funding, including schools and workplaces. Its purpose is to ensure individuals with disabilities have equal access to these programs and services.

Prior case law had analyzed Section 504 of the Rehabilitation Act similarly to other civil rights laws such as Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act. Both of those laws prohibit retaliation against individuals who, for example, report discrimination in the workplace, request reasonable accommodations for disabilities, or participate in investigations.

For the last 25 years, Sixth Circuit jurisprudence assumed that the Rehabilitation Act also prohibited retaliation. Illegal retaliation can take many forms - for example, firing an employee because they requested a reasonable accommodation for a disability. Unfortunately, the Sixth Circuit’s decision in Smith v. Michigan Department of Corrections makes it harder for people with disabilities to vindicate their legal rights. But other civil rights laws, like the Americans with Disabilities Act or the Michigan Persons with Disabilities Civil Rights Act, may still apply.

If you have questions about your right to request an accommodation at work, school, or in federal programs, contact AMG Legal for a consultation today.