Disability Rights & Related Legal Claims
Federal laws protect the rights of people with disabilities nationwide. For example, places of public accommodation are prohibited from discriminating on the basis of a disability under Title III of the Americans With Disabilities Act. These include doctor’s offices, bus and train stations, retail stores, hotels, restaurants, movie theaters, stadiums, and many other facilities that are open to the public. Among several other requirements, places of public accommodation must make reasonable modifications to their policies, practices, and procedures as needed to allow people with disabilities to access their products, services, or facilities. When a business violates this rule or another applicable provision of Title III, a person with a disability can file a complaint with the U.S. Department of Justice or pursue a lawsuit in court.
People with disabilities also receive protections in important areas such as employment, housing, and education. Several federal laws safeguard their ability to participate in the democratic process as well.
Employment Rights of People With Disabilities
Title I of the ADA prohibits discrimination against qualified employees or job applicants based on a disability. A covered employer cannot fire or refuse to hire an employee, withhold a promotion or training, offer fewer benefits, or otherwise treat an employee adversely due to their disability. The ADA also restricts the ability of an employer to ask questions about the disability of a job applicant before making an offer of employment. Perhaps most notably, it requires an employer to make a reasonable accommodation for a disability, unless this would pose an undue hardship.
A reasonable accommodation is an adjustment to the workplace or employer practices that would help a person with a disability perform a job or enjoy the benefits of the job. For example, an employee might need to have their working hours adjusted so that they can keep up with treatments. An employee is not necessarily entitled to the specific accommodation that they request. If a different accommodation would resolve the issue posed by their disability with less cost or inconvenience to their employer, a business may provide that accommodation instead.
Housing Rights of People With Disabilities
The Fair Housing Act protects people with disabilities from discrimination in numerous housing transactions, such as renting an apartment, buying a house, obtaining a mortgage, or getting insurance. Echoing the ADA, this law provides a right to reasonable accommodations and modifications that allow a person with a disability to fully enjoy the property. While a reasonable accommodation involves a change to a policy or practice, a reasonable modification involves a structural change to a property. A housing provider does not need to grant an accommodation or modification, though, if it would impose an undue burden or fundamentally alter the nature of their operations.
Education Rights of Students With Disabilities
The Individuals With Disabilities Education Act (IDEA) aims to ensure a free and appropriate public education in the least restrictive environment for children with disabilities. Children with one of 13 types of disabilities enumerated by IDEA may be eligible for an Individualized Education Program (IEP) designed to meet their unique needs. Another federal law, Section 504 of the Rehabilitation Act, covers a broader range of disabilities and extends to all schools that receive federal funding. Children who are covered by Section 504 but are not eligible for an IEP may qualify for a Section 504 plan. This is less detailed than an IEP but still provides important accommodations.
Except for religious schools, private schools are covered by Title III of the ADA as “public accommodations.” Thus, a child with a disability in a secular private school is entitled to basic ADA protections, such as reasonable modifications, even if their school does not receive federal funding. The ADA does not require schools to craft plans like IEPs or Section 504 plans.
Voting Access for People With Disabilities
The ADA and related federal laws protect the voting rights of people with disabilities. For example, the Help America Vote Act of 2002 requires accessible voting systems in federal elections, while the ADA requires that authorities overseeing any public election make sure that an accessible voting system works properly. The National Voter Registration Act requires offices that provide public assistance or state-funded programs that primarily serve people with disabilities to take certain steps to help these people register to vote. An ADA checklist for polling places helps election officials ensure that these facilities are accessible. Election authorities may implement curbside voting only if the process meets specific requirements.
