Federal Aviation Administration Draft Advisory Circular 150/5360-14A, Access to Airports by Individuals with Disabilities

2.3 Employment.

Both Title II of the ADA and Section 504 regulations incorporate the prohibition on employment discrimination from Title I of the ADA. (28 CFR § 35.140 and 49 CFR § 27.19). Both rules also incorporate the EEOC requirements found in 29 CFR part 1630, including prohibitions on discrimination in job application procedures, hiring, firing, advancement, compensation, training, and other terms, conditions, and privileges of employment, as well as recruitment, advertising, tenure, layoff, leave, fringe benefits, and all other employment-related activities.

2.3.1 DOJ ADA Title I employment provisions apply to private employers and state and local government (as well as employment agencies and labor unions) that employ at least 15 employees;

2.3.2 DOJ ADA Title II employment provisions apply to all state and local governments covered, regardless of the number of employees or any receipt of federal funding;

1. EEOC’s standards for compliance can be found in 29 CFR part 1630;

2. If the airport operator is not covered by Title I, the standards for compliance are found at DOJ regulations, 28 CFR part 41, Implementation of Executive Order 12250, Nondiscrimination on the Basis of Handicap in Federally Assisted Programs, which empowers the DOT to issue regulations to implement Section 504 with respect to programs and activities to which it provides assistance.

2.3.3 Section 504 employment provisions.

1. 49 CFR § 27.19 covers employment for operators, regardless of the number of employees;

2. 29 CFR part 1630 requires compliance with the EEOC regulation.