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Disability Law
Americans With Disabilities Act
Disability Related Legal Problems
Rights and Conditions for Disabled

Disability Related Legal Problems

Until recently in human history, having a disability made a person a social outcast. For centuries, individuals with disabilities yearned to be treated with equality and dignity, and be recognized as a rightful participant in the social and economic life of society. It has only been in the past few decades that persons with disabilities in the United States have experienced changes that have made them feel accepted and included in society.

In the United States, antidiscrimination laws have opened up opportunities to persons with disability in the fields of education and employment, as well as in the political and judicial systems and other sectors of society. Still, the progress towards being treated as true equals for persons with disabilities has been a very long one and is far from complete. There still remain many disability related legal problems, particularly of discrimination, as illustrated below.

Employment Discrimination
The ADA makes it illegal for employers to discriminate against persons simply because they have disabilities, and provides a list of employer actions that can be considered discriminatory. On the other hand, it would be necessary for an employer to explicitly state that a person was denied employment, for example, because he or she had disabilities. Employers are too aware of the law to make discrimination explicit.

It will be very difficult for you to prove employment discrimination. You will need an attorney, who has specialized in this field and is familiar with the fine points, to have a good chance of doing so.

Special Education
You may have a child with disabilities who has special needs for education. You may not be aware of your child's entitlement, or you feel there are too many obstacles to gain access to special education services, or you think the public school system is not doing enough to ensure special services are provided to your child. These concerns may be better addressed by consulting an attorney who has wide experience or specialization in advocating for special education needs.

Almost one-fifth of the population in the U.S. live with disabilities, and are too often denied full participation in society by inaccessible environments and subtle forms of discrimination. Many times, only you can feel the discrimination, and only the best attorney can prove it is there.

 

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