This Article argues that the passage of the ADA had an unexpected consequence, namely the narrowing of the rights that were understood to exist under Section 504. Section 504 covered two broad areas of the law: the law of employment for individuals employed by entities receiving federal financial assistance and the law of education for students attending primary, secondary or higher education. The effect on the law of employment, which I will discuss in Part II, has been immediate and dramatic. The effect on the law of education, discussed in Part III, cannot yet be fully documented. Recent decisions, however, suggest that those rights may also soon be limited. Thus, this Article argues that passage of the ADA resulted in the demise, if not the death, of Section 504.
The Death of Section 504,
U. Mich. J. L. Reform
Available at: https://repository.law.umich.edu/mjlr/vol35/iss1/7