Although an individual may not qualify for reasonable accommodation under the Rehabilitation Act, he or she could still be entitled to the benefits of other laws, rules, or regulations. For example, the Rehabilitation Act may not cover a pregnant employee, but the Pregnant Workers Fairness Act (PWFA) may still require provision of accommodation, the Family and Medical Leave Act (FMLA) may protect pregnancy-related leave, and Title VII of the Civil Rights Act of 1964, as amended, protects the employee from pregnancy-based discrimination.
There may be times when the Rehabilitation Act and other laws, rules, or regulations simultaneously cover an employee. For example, both the Rehabilitation Act and the Federal Employees’ Compensation Act (FECA) may protect an employee who sustains an on-the-job injury that results in the substantial limitation of a major life activity. Persons injured on duty have the same rights to pursue promotional and advancement opportunities as other employees.
In addition, the Rehabilitation Act may cover an employee with a serious health condition covered by FMLA if the condition substantially limits a major life activity. An employee’s circumstances may meet the criteria for one or more of these statutes.
