Unlawful Treatment of the Handicapped by Federal Contractors and an Implied Private Cause of Action: Shall Silence Reign

Authors

Harvey R. Boller

Abstract

As part of the congressional mandate to integrate the handicapped into society, section 503 of the Rehabilitation Act of 1973 requires that federal contractors take affirmative action to employ handicapped individuals. Using the analytical framework provided by the Supreme Court in Cori v. Ash, this Article considers whether a private cause of action may properly be implied under that section. After criticizing recent cases that have restricted the implication of private remedies, the Article contends that neither the section's express administrative remedy nor the statute's contemporaneous legislative history should preclude a private right of action. Rather, the subsequent legislative history of section 503 reveals that Congress viewed private suits as complementary to the administrative enforcement scheme. The Article concludes that, contrary to the weight of authority, a private cause of action can and should be implied under section 503.

Recommended Citation

Harvey R. Boller, Unlawful Treatment of the Handicapped by Federal Contractors and an Implied Private Cause of Action: Shall Silence Reign, 33 Hastings L.J. 1293 (1982).
Available at: https://repository.uclawsf.edu/hastings_law_journal/vol33/iss6/1