Chapter 5 - § 5.2 • WHAT EMPLOYERS ARE COVERED BY THE ADA AND §§ 501 AND 504?

• Jurisdiction: Colorado

§ 5.2 • WHAT EMPLOYERS ARE COVERED BY THE ADA AND §§ 501 AND 504?

The ADA applies to private employers engaged in an industry affecting commerce with 15 or more employees. 42 U.S.C. § 12111(5)(A). Employees who work for companies with fewer than 15 employees may be still be protected from disability discrimination under the Colorado Anti-Discrimination Act. See Chapter 10 of this Guide. Sections 501 and 504 of the Rehabilitation Act cover, respectively, federal government employers¹ and private employers who receive federal funds. Since 1988, if any part of an entity receives federal funds, the entire entity is subject to the Rehabilitation Act. See 29 U.S.C. § 794(b); Tanberg v. Weld County Sheriff, 787 F. Supp. 970, 974 (D. Colo. 1992).

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Notes:

^[1] In January 2017, the EEOC published a final rule that took effect on January 3, 2018, setting forth the federal government's obligations as a model employer of individuals with disabilities. Among other things, the rule requires agencies to: develop affirmative action plans for hiring employees with disabilities that will be reviewed annually...