Chapter 5 - § 5.2 • WHAT EMPLOYERS ARE COVERED BY THE ADA AND THE REHABILITATION ACT?

• Jurisdiction: Colorado

§ 5.2 • WHAT EMPLOYERS ARE COVERED BY THE ADA AND THE REHABILITATION ACT?

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); but see Scull v. Wolf, 2020 U.S. Dist. LEXIS 236231 at **13-15 (D. Colo. Dec. 16, 2020) (finding that the Transportation Safety Administration is not subject to the Rehabilitation Act, as the Rehabilitation Act has been preempted by the Aviation and Transportation Security Act).

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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...