Sixth Circuit Rules Section 504 Bars Retaliation Claims

November 26, 2025

What's New

The U.S. Court of Appeals for the Sixth Circuit has ruled that Section 504 of the Rehabilitation Act does not permit any retaliation claims—whether brought by individuals or otherwise. Section 504 prohibits organizations from denying qualified individuals with disabilities equal access to federally funded programs such as education, employment, and healthcare.

Although Section 504 incorporates the Americans with Disabilities Act employment discrimination standards, the panel in Smith v. Michigan Department of Corrections found no express right to bring retaliation claims under Section 504. In contrast, the ADA explicitly allows both discrimination and retaliation claims. A dissenting judge argued that Section 504’s explicit ADA reference should allow such claims.

What It Means

The decision affects only Section 504 retaliation claims. The ADA continues to allow retaliation claims as long as the individual exhausts administrative remedies. It remains possible that the plaintiff will seek review by the full Sixth Circuit or the U.S. Supreme Court. In the meantime, we expect that entities defending against retaliation claims under the Rehabilitation Act will invoke this decision, hoping that the Sixth Circuit’s logic prevails.

What You Should Do

While the decision does not refer to Section 503 of the Rehabilitation Act, the panel’s reasoning theoretically could extend to retaliation claims under Section 503, which bars employment discrimination on the basis of disability by federal contractors. In the meantime, federal contractors must continue to adopt and publish an equal opportunity statement that explicitly protects applicants and employees from retaliation. CWC members can discuss the case’s broader impact at the next Conversation Corner.

RELATED CONTENT

Subscribe to CWC's Updates and Events

CLICK TO SIGN UP