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Disability Laws |
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LAWS PROTECTING INDIVIDUALS WITH DISABILITIESLAWS PROTECTING INDIVIDUALS WITH DISABILITIES
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Americans with Disabilities ActBarriers to employment, transportation, public accommodations, public services, and telecommunications have imposed staggering economic and social costs on American society and have undermined our well-intentioned efforts to educate, rehabilitate, and employ individuals with disabilities. By breaking down these barriers, the Americans with Disabilities Act (ADA) will enable society to benefit from the skills and talents of individuals with disabilities, will allow us all to gain from their increased purchasing power and ability to use it, and will lead to fuller, more productive lives for all Americans.The Americans with Disabilities Act gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, State and local government services, and telecommunications. Fair, swift, and effective enforcement of this landmark civil rights legislation is a high priority of the Federal Government. To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a disability. An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment. The ADA does not specifically name all of the impairments that are covered. For answers to additional questions, call the ADA Information Line 800-514-0301 (voice) 800-514-0383 (TTY) www.ada.gov Return to Top.
Fair Housing ActThe Fair Housing Act, as amended in 1988, prohibits housing discrimination on the basis of race, color, religion, sex, disability, familial status, and national origin. Its coverage includes private housing, housing that receives Federal financial assistance, and State and local government housing. It is unlawful to discriminate in any aspect of selling or renting housing or to deny a dwelling to a buyer or renter because of the disability of that individual, an individual associated with the buyer or renter, or an individual who intends to live in the residence. Other covered activities include, for example, financing, zoning practices, new construction design, and advertising. The Fair Housing Act requires owners of housing facilities to make reasonable exceptions in their policies and operations to afford people with disabilities equal housing opportunities. For example, a landlord with a "no pets" policy may be required to grant an exception to this rule and allow an individual who is blind to keep a guide dog in the residence. The Fair Housing Act also requires landlords to allow tenants with disabilities to make reasonable access-related modifications to their private living space, as well as to common use spaces. (The landlord is not required to pay for the changes.) The Act further requires that new multifamily housing with four or more units be designed and built to allow access for persons with disabilities. This includes accessible common use areas, doors that are wide enough for wheelchairs, kitchens and bathrooms that allow a person using a wheelchair to maneuver, and other adaptable features within the units. Complaints of Fair Housing Act violations may be filed with the U.S. Department of Housing and Urban Development. Additionally, the Department of Justice can file cases involving a pattern or practice of discrimination. The Fair Housing Act may also be enforced through private lawsuits.For more information contact: Office of Program and Disability Rights Office of Fair Housing and Equal Opportunity U.S. Department of Housing and Urban Development 451 7th Street, S.W., Room 5242 Washington, D.C. 20140 (800) 669-9777 (voice) (800) 927-9275 (TTY) www.fairhousing.com Internet: http://www.hud.gov/offices/fheo/index.cfm Return to Top.
Individuals with Disabilities Education ActThe Individuals with Disabilities Education Act (IDEA) (formerly called P.L. 94-142 or the Education for all Handicapped Children Act of 1975) requires public schools to make available to all eligible children with disabilities a free appropriate public education in the least restrictive environment appropriate to their individual needs. It is the primary law governing Special Education Policy in the United States. IDEA requires public school systems to develop appropriate Individualized Education Programs (IEPs) for each child. The specific special education and related services outlined in each IEP reflect the individualized needs of each student. IDEA also mandates that particular procedures be followed in the development of the IEP. Each student's IEP must be developed by a team of knowledgeable persons and must be at least reviewed annually. The team includes the child's teacher; the parents, subject to certain limited exceptions; the child, if determined appropriate; an agency representative who is qualified to provide or supervise the provision of special education; and other individuals at the parents' or agency's discretion. If parents disagree with the proposed IEP, they can request a due process hearing and a review from the State educational agency if applicable in that state. They also can appeal the State agency's decision to State or Federal court. The Department of Education, Office of Special Education Programs (OSEP) assists states with implementation of the Individuals with Disabilities Education Act (IDEA). As part of its mission, OSEP is charged with developing, communicating and disseminating federal policy on early intervention services to infants and toddlers with disabilities and on the provision of special education and related services for children with disabilities. For more information, contact: Office of Special Education ProgramsU.S. Department of Education 330 C Street, S.W. (Room 3086) Washington, D.C. 20202 (202) 205-5507 (voice/TTY) www.ed.gov/offices/OSERS/IDEA/the_law.html www.ideapractices.org Return to Top.
Architectural Barriers ActThe Architectural Barriers Act (ABA) requires that buildings and facilities that are designed, constructed, or altered with Federal funds, or leased by a Federal agency, comply with Federal standards for physical accessibility. ABA requirements are limited to architectural standards in new and altered buildings and in newly leased facilities. They do not address the activities conducted in those buildings and facilities. Facilities of the U.S. Postal Service are covered by the ABA. For more information or to file a complaint, contact: The Access Board1331 F Street, NW, Suite 1000 Washington, DC 20004-1111 (800) 872-2253 (voice) (800) 993-2822 (TTY) Internet: http://www.access-board.gov/index.htm Return to Top.
Rehabilitation Act of 1973The Rehabilitation Act prohibits discrimination on the basis of disability in programs conducted by Federal agencies, in programs receiving Federal financial assistance, in Federal employment, and in the employment practices of Federal contractors. The standards for determining employment discrimination under the Rehabilitation Act are the same as those used in Title I of the Americans with Disabilities Act (ADA) The Protection and Advocacy for Individual Rights (PAIR) was established by Congress as a national program in 1993 amendments to the Act. PAIR programs were established to protect and advocate for the legal and human rights of persons with disabilities. There are several sections of the Rehabilitation Act that address the rights of individuals with disabilities. The following is a brief description of one section that has particular relevance to people with disabilities.Return to Top.
Section 504 of the Rehabilitation Act of 1973Section 504 states that "no qualified individual with a disability in the United States shall be excluded from, denied the benefits of, or be subjected to discrimination under" any program or activity that either receives Federal financial assistance or is conducted by any Executive agency or the United States Postal Service. Each Federal agency has its own set of section 504 regulations that apply to its own programs. Agencies that provide Federal financial assistance also have section 504 regulations covering entities that receive Federal aid. Requirements common to these regulations include reasonable accommodation for employees with disabilities; program accessibility; effective communication with people who have hearing or vision disabilities; and accessible new construction and alterations. Each agency is responsible for enforcing its own regulations. Section 504 may also be enforced through private lawsuits. It is not necessary to file a complaint with a Federal agency or to receive a "right-to-sue" letter before going to court.For information on how to file Section 504 complaints with the appropriate agency, contact: U.S. Department of Justice 950 Pennsylvania Avenue, NW Civil Rights Division Disability Rights Section - NYAVE Washington, D.C. 20530 (800) 514-0301 (voice) (800) 514-0383 (TTY) (202) 307-1198 (FAX) Internet: http://www.usdoj.gov/crt/ Return to Top.
Air Carrier Access ActThe Air Carrier Access Act prohibits discrimination in air transportation by domestic and foreign air carriers against qualified individuals with physical or mental impairments. It applies only to air carriers that provide regularly scheduled services for hire to the public. Requirements address a wide range of issues including boarding assistance and certain accessibility features in newly built aircraft and new or altered airport facilities. People may enforce rights under the Air Carrier Access Act by filing a complaint with the U.S. Department of Transportation, or by bringing a lawsuit in Federal court. For more information or to file a complaint, contact: Aviation Consumer Protection DivisionU.S. Department of Transportation 400 Seventh Street, S.W. Room 4107, C-75 Washington, D.C. 20590 (202) 366-2220 (voice) (202) 366-0511 (TTY) Internet: http://airconsumer.ost.dot.gov/ NOTE: With the various types of security personnel and law enforcement officials at and around airports now, there is increased confusion regarding the appropriate place to file discrimination complaints. The Department of Transportation's Office of Aviation Enforcement and Proceedings has prepared an information sheet to help consumers determine with whom to file a discrimination complaint and how to do so. This information, entitled "Air Travel Civil Rights Problems - Where to File Complaints" is available on the Internet at: http://airconsumer.ost.dot.gov/DiscrimComplaintsContacts.htm. Return to Top.
Voting Accessibility for the Elderly and Handicapped ActThe Voting Accessibility for the Elderly and Handicapped Act of 1984 generally requires polling places across the United States to be physically accessible to people with disabilities for federal elections. Where no accessible location is available to serve as a polling place, a political subdivision must provide an alternate means of casting a ballot on the day of the election. This law also requires states to make available registration and voting aids for disabled and elderly voters, including information by telecommunications devices for the deaf (TDDs) which are also known as teletypewriters (TTYs). For more information, or to file a complaint contact: Chief, Voting SectionCivil Rights Division Room 7254 - NWB Department of Justice 950 Pennsylvania Ave., NW Washington, D.C. 20530 (800) 253-3931 (voice/TTY) www.usdoj.gov/crt/voting/ Return to Top.
National Voter Registration ActThe National Voter Registration Act of 1993, also known as the "Motor Voter Act," makes it easier for all Americans to exercise their fundamental right to vote. One of the basic purposes of the Act is to increase the historically low registration rates of minorities and persons with disabilities that have resulted from discrimination. The Motor Voter Act requires all offices of State-funded programs that are primarily engaged in providing services to persons with disabilities to provide all program applicants with voter registration forms, to assist them in completing the forms, and to transmit completed forms to the appropriate State official. For more information, or to file a complaint contact: Chief, Voting SectionCivil Rights Division Room 7254 - NWB Department of Justice 950 Pennsylvania Ave., NW Washington, D.C. 20530 (800) 253-3931 (voice/TTY) Internet: http://www.usdoj.gov/crt/voting The DOJ also offers detailed information about the NVRA along with examples of enforcement actions taken at: http://www.usdoj.gov/crt/voting/nvra/activ_nvra.htm. Return to Top.
Telecommunications ActSection 255 and Section 251(a)(2) of the Communications Act of 1934, as amended by the Telecommunications Act of 1996, require manufacturers of telecommunications equipment and providers of telecommunications services to ensure that such equipment and services are accessible to and usable by persons with disabilities, if readily achievable. These amendments ensure that people with disabilities will have access to a broad range of products and services such as telephones, cell phones, pagers, call-waiting, and operator services, that were often inaccessible to many users with disabilities. Federal Communications Commission445 12th Street, S.W. Washington, D.C. 20554 (888) 225-5322 (Voice) (888) 835-5322 (TTY) Internet: http://www.fcc.gov/cgb/dro/ Return to Top.
Civil Rights of Institutionalized Persons ActThe Civil Rights of Institutionalized Persons Act (CRIPA) authorizes the U.S. Attorney General to investigate conditions of confinement at State and local government institutions such as prisons, jails, pretrial detention centers, juvenile correctional facilities, publicly operated nursing homes, and institutions for people with psychiatric or developmental disabilities. Its purpose is to allow the Attorney General to uncover and correct widespread deficiencies that seriously jeopardize the health and safety of residents of institutions. The statute does not cover private facilities or Federal institutions. The Attorney General does not have authority under CRIPA to investigate isolated incidents or to represent individual institutionalized persons. The Attorney General may initiate civil law suits where there is reasonable cause to believe that conditions are "egregious or flagrant," that they are subjecting residents to "grievous harm," and that they are part of a "pattern or practice" of resistance to residents' full enjoyment of constitutional or Federal rights, including Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act. For more information or to bring a matter to the Department of Justice's attention, contact the Civil Rights Division, Special Litigation Section using the contact information below.The most effective means of filing a complaint is to write a letter to the Section explaining the situation about which you are complaining, with as much detail as possible. If you are aware of similar incidents involving others, include that information as well. Include information on how to contact you if the Section needs further information (such as an address and telephone number). Also, do not include original documents, as the Section cannot guarantee their safe return. Address all complaints to: Special Litigation Section Civil Rights Division U.S. Department of Justice P.O. Box 66400 Washington, D.C. 20035-6400 (202) 514-6255 (voice/TTY) (202) 514-6273 (FAX) Internet: http://www.usdoj.gov/crt/split/ Return to Top.
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Phone: 907-565-1002 Phone/TTY Fax: 907-565-1000 Toll Free: 1-800-478-1234 Phone/TTY (In State Only) |
Disability Law Center of Alaska Mail: 3330 Arctic Boulevard, Suite 103 Anchorage, AK 99503 E-mail: akpa@dlcak.org |
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(C) 2004 Disability Law Center of Alaska |