Disability Rights Laws

AMERICANS WITH DISABILITIES ACT (ADA)

The ADA prohibits discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications. It also applies to the United States Congress.

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 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.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 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.

Title I: Employment

Employers with 15 or more employees must provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities available to others. For example, employers are prohibited from discriminating in recruitment, hiring, promotions, training, pay, social activities, and other privileges of employment. Employers are restricted from asking questions about an applicant's disability before a job offer is made, and required to make reasonable accommodations to the known physical or mental limitations of otherwise qualified individuals with disabilities, unless it results in undue hardship.

To file a complaint: Equal Employment Opportunity Commission - 1-800-669-4000 or www.eeoc.gov For publications and information: 1-800-669-3362 For information on accommodations: 1-800-526-7234 or www.jan.wvu.edu

Title II: State and Local Government Activities

State and local governments (regardless of size or receipt of Federal funding) must give people with disabilities an equal opportunity to benefit from all programs, services, and activities (e.g. public education, employment, transportation, recreation, health care, social services, courts, voting, and town meetings).

For more information or to file a complaint: Dept. of Justice - 1-800-514-0301 or www.ada.gov

Title II: Transportation

Public transportation services, such as city buses and public rail transportation (subways, commuter rails, Amtrak), may not discriminate against people with disabilities in the provision of services. Public transportation officials must comply with requirements for accessibility in newly purchased vehicles, make good faith efforts to purchase or lease accessible used buses, remanufacture buses in an accessible manner, and, unless it would result in an undue burden, provide para-transit where they operate fixed-route bus or rail systems.

Questions and complaints: Office of Civil Rights - 1-800-446-4511 or www.fta.dot.gov/ada

Title III: Public Accommodations 

Public accommodations are private entitles who own, lease, least to, or operate facilities such as restaurants, retail stores, hotels, movie theaters, private schools, convention centers, doctors' offices, homeless shelters, transportation depots, zoos, funeral homes, day care centers, and recreation facilities including sports stadiums and fitness clubs, and transportation services provided by private entities. Public accommodations must comply with basic nondiscrimination requirements that prohibit exclusion, segregation, and unequal treatment. Courses and examinations related to professional, educational, or trade-related applications, licensing, certifications, or credentialing must be provided in a place and manner accessible.

For more information: Department of Justice - 1-800-514-0301 or www.ada.gov

AIR CARRIER ACCESS ACT

The Act prohibits discrimination in air transportation by domestic and foreign air carriers against qualified individuals with physical or mental impairments. Requirements address a wide range of issues including boarding assistance and certain accessibility features in newly built aircraft and new or altered airport facilities.

Complaint: Aviation Consumer Protection - 1-800-778-4838 or www.airconsumer.ost.dot.gov

FAIR HOUSING ACT

The Act prohibits housing discrimination on the basis of race, color, religion, sex, disability, familial status, and national origin. Coverage includes private and public housing, and other covered activities such as financing, zoning practices, new construction design, and advertising.

Complaints: HUD - 1-800-669-9777 or www.hud.gov/offices/fheo Questions: Fair Housing Accessibility - 1-888-341-7781 or www.fairhousingfirst.org

INDIVIDUALS WITH DISABILITIES EDUCATION ACT (IDEA)

IDEA 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 need. The Act requires public school systems to develop appropriate Individualized Education Programs (IEP's) for each child reflecting specific special education and related services appropriate for individual child. IEP's 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. Parents may also appeal the State agency's decision to State or Federal courts.

Information: Office of Special Education & Rehabilitation Services -
1-202-245-7468 or www.ed.gov/about/offices/list/osers/osep

NATIONAL VOTER REGISTRATION ACT

Also known as the "Motor Voter Act," makes it easier for all Americans to exercise their fundamental right to vote in order to increase historically low registration rates of minorities and persons with disabilities. The 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.

Information: Department of Justice - 1-800-253-3931 or www.usdoj.gov/crt/voting

REHABILITATION ACT

The Rehab 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.

Section 501: Requires affirmative action and nondiscrimination in employment by Federal agencies of the executive branch.

Section 503: Requires affirmative action and prohibits employment discrimination by Federal government contractors and subcontractors with contracts of more than $10,000.

Information: Office of Federal Contract Compliance - 1-202-693-0106 or www.dol.gov/esa/ofccp

Section 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 Postal Service.

Complaints: Department of Justice - 1-800-514-0301 or www.ada.gov

Section 508: Establishes requirements for electronic and information technology developed, maintained, procured, or used by the Federal government, and that electronic and information technology be accessible to people with disabilities, including employees and members of the public. An accessible information technology system is one that can be operated in a variety of ways and does not rely on a single sense or ability of the user. For example, a system that provides output only in visual format may not e accessible to people with visual impairments.

Information: General Services Adminsitration - 1-202-501-4906 or www.gsa.gov/section508

TELECOMMUNICATIONS ACT

Requires manufacturers of telecommunications equipment and providers of telecommunications services, to make sure that equipment and services are accessible to, and usable by, persons with disabilities, if readily achievable. lso ensures access to a broad range of products and services, such as telephones, cell phones, pagers, call-waiting, and operator services.

For more information: Federal Communications Commission - 1-800-225-5322 or www.fcc.gov/cgb/dro

VOTING ACCESSIBILITY FOR THE ELDERLY AND HANDICAPPED ACT

The Act generally requires polling places across the United States to be physically accessible to people with disabilities for federal elections, or to 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.

Information: Department of Justice - 1-800-253-3931