| Disability Law |
| Americans With Disabilities Act |
| Disability Related Legal Problems |
| Rights and Conditions for Disabled |
Disability Law
The Americans with Disabilities Act (ADA), which was passed on July 26, 1990, largely regulates disability law. This Act dramatically expands the scope of federal rights for persons with disabilities by prohibiting discrimination in public and private employment, public accommodations, public services, housing, education, transportation, and telecommunications.
ADA also requires that reasonable accommodation be made in order to provide disabled individuals with equal opportunities. To ensure that the provisions of the law are implemented properly, the Department of Justice (DOJ) and the Equal Employment Opportunity Commission (EEOC) are some of the government agencies/departments tasked to enforce ADA.
States are allowed to enact their own disability laws provided that they are not inconsistent with the ADA. Other laws, such as the Rehabilitation Act, the Fair Housing Act, the Individuals with Disabilities Education Act (IDEA), and the Air Carrier Access Act, also prohibit discrimination against individuals with disabilities.
The Rehabilitation Act of 1973 prohibits certain employers from discriminating on the basis of an employee's handicap. The Act applies to federal contractors and subcontractors (with contracts in excess of $2500). It also extends to programs and activities receiving federal financial assistance, programs in federal employment and conducted by federal agencies.
Under the Fair Housing Act, it is against the law to discriminate a buyer/renter in any aspect of selling/renting because of his/her disability. The statute also requires housing facilities’ owners to provide equal housing opportunities to people with disabilities, even if this requires making reasonable exceptions in their policies and operations. Landlords are also required to make reasonable modifications that enhance disabled tenants' access to their private living space and to common-use spaces.
The Individuals with Disabilities Education Act (IDEA) requires, to the extent possible, that children with disabilities be educated with nondisabled children. School districts are required under IDEA to educate children with disabilities in the least restrictive environment. Each disabled child has the right to an individualized education plan containing specific education goals.
Finally, the Air Carrier Access Act prohibits domestic and foreign air carriers from discriminating qualified individuals with physical or mental impairments. The carriers covered by this Act are those that provide regular scheduled services for hire to the public. The Act directs issues such as boarding assistance and other accessibility features in aircrafts that are newly built and in airport facilities, whether new or altered.