3.26 4. Private Right of Action

• Library: Disability Law and Practice, Vol. 3 (NY) 2017

4.. Private Right of Action

Although the Rehabilitation Act does not expressly create a private right of action, the courts have ruled that there is an implied private right of action under section 504.⁶⁷ Unlike the mandatory election of remedies process required under section 501 of the Rehabilitation Act, which requires federal employees to choose to pursue remedies either through union grievance process or EEO complaint,⁶⁸ no such election is required under section 504. Exhaustion of contractual...