A new push to upend one of the nation’s key disability rights laws is growing in the United States. Texas and 16 other states recently filed a lawsuit calling for the end of Section 504 of the Rehabilitation Act.
Enacted in 1973, Section 504 protects individuals with disabilities from discrimination in activities and programs that receive federal funds, including education, healthcare, and employment. Parents, students, and educators may be familiar with ‘504 Plans’, which support the needs of students with disabilities so they can fully participate in school.
As the law explains:
“No otherwise qualified individual with a disability in the United States … shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance …”
Seventeen states are now pushing to block gender dysphoria from getting disability protections under Section 504, in the lawsuit Texas v. Becerra. This lawsuit came after the previous Biden administration finalized regulations stating that people with disabilities should not be denied access to care based on biases or stereotypes.
In the initial filing from September 2024, the states asked the court to “declare Section 504, 29 U.S.C. § 794, unconstitutional.” However, in a February status report, the states say they do not want to undo Section 504 completely. President Trump also signed an executive order targeting gender affirming care for minors in the U.S., which further complicates the context around this lawsuit. As of this writing, the work on this case has been paused, but it has not been withdrawn or amended, which is still posing large concerns for people protected under Section 504.
An attack on Section 504 could reverse decades of civil rights advancements. Through 504 plans, students could lose essential accommodations in schools, employees could face workplace discrimination, and people in need could be denied the healthcare they need.The attorneys are Kennedy Hunt P.C. are experts in disability rights. If you or someone you know has had their disability rights violated, the skilled attorneys at Kennedy Hunt, P.C. may be able to help you. Fill out a questionnaire so we can understand your claim.