The possible rescission of a decades-old law that ensures new and altered buildings funded with federal money are accessible to people with disabilities has prompted widespread concern throughout the construction industry and disability rights groups.
The Department of Energy (DOE) authored a direct final rule to eliminate portions of regulations implementing Section 504 of the Rehabilitation Act of 1973. This would overturn a regulation in place for 45 years that ensures new or altered buildings comply with accessibility standards, such as the Uniform Federal Accessibility Standards (UFAS). The rule was recently delayed from an effective date of July 15 to September 12, 2025, after significant adverse comments.
If DOE successfully rescinds Section 504, advocates say thousands of new and renovated buildings receiving DOE funding will no longer be required to follow UFAS. This could lead to decreased demand for glass, glazing and hardware products designed and configured to meet accessibility standards. Accessibility features include accessible door hardware, automatic door openers, door closers, vision panels, automatic windows, and more.
DOE officials argue that eliminating Section 504 is necessary due to governmental regulatory bloat.
“Given the general prohibition on discriminatory activities and related penalties, DOE finds these additional provisions unnecessary and unduly burdensome,” write DOE officials. “It is DOE’s policy to give private entities flexibility to comply with the law in the manner they deem most efficient. One-size-fits-all rules are rarely the best option. Accordingly, DOE finds good reason to eliminate this regulatory provision.”
Seyfarth Shaw LLP officials note that if the rule becomes law, design and construction professionals engaged by recipients could be without guidance on constructing facilities in an accessible manner as required by Section 504’s non-discrimination mandate. Christopher Schuyler, managing attorney of the Disability Justice Program at New York Lawyers for the Public Interest, adds that the confusion surrounding the elimination of Section 504 would open the door to lawsuits and civil rights violations and create conflicting enforcement standards.
“Architects and contractors need a comprehensive set of design rules to ensure that new construction and alterations are built to be fully accessible to people with disabilities,” argues Schuyler. “Accessibility is often a matter of inches, making the difference between inclusion and exclusion of people with disabilities. Without access standards, we will never reach the fully inclusive society intended by Congress in enacting and reenacting Section 504.”
As mentioned in the June 2025 issue of USGlass magazine, confusion surrounding accessibility standards routinely impacts glass and glazing companies. Due to conflicting and shifting standards, some companies have had to replace all the hardware on jobsites, leading to costly repairs.