Legal Rights Under Section 504
Although not in the text of the statute, courts have held that individuals have a private right of action under Section 504. While punitive damages are not available, compensatory damages are available to plaintiffs. See Barnes v. Gorman, 536 U.S. 181, 185 (2002) (stating that punitive damages are not to be awarded under Section 504). Arguably, these rights extend to include emotional distress damages. See Section 504 Brief, arguing that emotional distress damages are available under Section 504.
In addition to its responsibility for enforcing other Federal statutes prohibiting discrimination in housing, The US Department of Housing and Urban Development(HUD) has a statutory responsibility under Section 504 to ensure that individuals are not subjected to discrimination on the basis of disability by any program or activity receiving HUD assistance. Section 504 charges HUD's Office of Fair Housing and Equal Opportunity with enforcing the right of individuals to live in federally subsidized housing free from discrimination on the basis of disability. Further, Section 504 covers employment discrimination based on disability and requires HUD and HUD-assisted agencies to make reasonable accommodations for the known physical or mental limitations of an employee or qualified applicant. It covers all HUD programs except for its mortgage insurance and loan guarantee programs.
Any housing that receives federal assistance, such as Section 8 public housing, is subject to Section 504 regulations and requirements. Any person with a disability who feels himself or herself a victim of discrimination in a HUD-funded program or activity may file a complaint with HUD under Section 504. A complaint can be filed with HUD's Office of Fair Housing and Equal Opportunity. If a person with disabilities who feels subject to discrimination in a housing situation that does not receive federal assistance, they can also file a complaint through the Americans with Disabilities Act and Title VIII of the Civil Rights Act.
Read more about this topic: Section 504 Of The Rehabilitation Act
Famous quotes containing the words legal, rights and/or section:
“In ‘70 he married again, and I having, voluntarily, assumed the legal guilt of breaking my marriage contract, do cheerfully accept the legal penalty—a life of celibacy—bringing no charge against him who was my husband, save that he was not much better than the average man.”
—Jane Grey Swisshelm (1815–1884)
“Individuality is the aim of political liberty. By leaving to the citizen as much freedom of action and of being, as comports with order and the rights of others, the institutions render him truly a freeman. He is left to pursue his means of happiness in his own manner.”
—James Fenimore Cooper (1789–1851)
“That’s my problem, chaplain: I’m yellow. PFC Bernstein—plumb, fat coward. Hey, can you get a Section 8 for being yellow?”
—James Poe, U.S. screenwriter, and Based On Play. Robert Aldrich. Bernstein (Robert Strauss)