What Is The Disability Law?
Disability discrimination is a real phenomenon across several states and different settings. Regarding accessing services or dealing with employment concerns, people with speech disabilities and other kinds of limitations face discrimination due to their condition. The good thing is that the United States acknowledges this reality and has done something to deal with the discrimination and protect these individuals’ civil rights.
In the US, there is a disability law in place to ensure that the state grants legal protection and honors the civil rights of individuals with disabilities. There are acts in place to protect rights regarding education, employment, and even housing. Under this disability law, the government sheds light on equal access to disability rights and benefits.
Let’s look into these disability laws.
Defining Disability Law
In the United States, different acts are at play to ensure that the disability rights of a person are protected. These include the following.
- Americans with Disabilities Act (ADA). This disability law is mainly there to ensure that those with disabilities are protected against discrimination. Such discrimination could be related to transportation, employment, communication, public or private accommodations, and access to services and programs of the local, state, or federal government.
- Individuals with Disabilities Education Act (IDEA). This disabilities act ensures that free and appropriate public education is granted to eligible children with disabilities across the nation. This act also ensures that special education and other necessary services are provided to these children.
- Fair Housing Act. While this act is not a specific disabilities act, it also actively goes against discrimination due to disability when it comes to in-housing and other housing transactions. Under this Fair Housing Act, disability cannot serve as a lawful basis for discrimination regarding any particular activity or program for receiving federal-level financial aid.
- Rehabilitation Act (Rehab Act). The Rehabilitation Act also provides a specific section to protect those with disabilities from discrimination. Employers, establishments, and other institutions or individuals should give those with disabilities an equal opportunity to access benefits and services offered under this Rehabilitation Act.
- Social Security Act. The Social Security Administration of the USA also gives importance to those with disabilities. There are very specific Social Security disability benefits that these people can claim.
The Americans with Disabilities Act (ADA)
Because of its extensive coverage, the ADA sorts the protection areas into specific titles or sections. .
- Title I: Employment. Title I prohibits discrimination when it comes to employment-related concerns. These include recruitment, promotions, pay, training, social events, and other employment privileges.
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- Title II: State & Local Government / Public Transportation. This title requires that the local and state governments offer equal opportunity to people with disabilities. Such persons with disabilities must be able to equally benefit from the government’s services, programs, and activities. Aside from that, Title II provides that authorities in the public transportation sector should not discriminate against individuals with disabilities when it comes to offering their services.
- Title III: Public Accommodations. This title covers private institutions that operate, lease to, or own facilities such as retail stores, restaurants, private schools, hotels, convention centers, homeless shelters, zoos, and funeral homes. Under this title, such public accommodations must adhere to the minimum requirements for nondiscrimination.
- Title IV: Telecommunications. This title deals with television and telephone access for individuals with hearing and speech disabilities. It also requires closed captions for public announcements that are federally covered.
- Title V: Miscellaneous Provisions.
The ADA’s coverage shows that persons with disability can exercise and fight for their rights across different areas and situations. Be it employment or transportation, the ADA covers these cases.
What disabilities qualify?
While the ADA does not list all the covered impairments, it defines a “person with a disability.” According to this disabilities act, an individual with a disability can be described as the following.
- A person with a mental or physical impairment that gravely limits one or more significant life activities
- A person with a record or history of the impairment
- A person whom others perceive to have the impairment
Whether one faces speech disabilities or other kinds of disabilities, the ADA can protect against discrimination.
Settlements in disability law
If employers, establishments, and other people end up discriminating against individuals with disabilities and disregarding their civil rights, they are bound to face the consequences. It can be a case of unjustly terminating employment or not offering equal opportunities or services due to disability.
A person with a disability directly affected by negligence and discrimination has the right to file lawsuits and obtain court orders.
The type and area of violation would determine where the plaintiff should file the lawsuit. For instance, violations under Title II and III can be directed to the Department of Justice within one hundred eighty days since the discrimination date. At times, a mediation program is necessary.
As for the Fair Housing Act violations, the plaintiff should file them to the US Department of Housing and Urban Development.
Things can escalate depending on the severity of the case. Sometimes, a series of trials is necessary to process the case. While things could end in a verdict of guilt or innocence, both parties can also handle it through a legal settlement between the plaintiff and the defendant.
The disability law can help you fight for your disability rights.
If you or someone you know has experienced disability injustice or discrimination in the employment or educational setting, understand that the disability law protects your rights.
However, dealing with the entire process on your own can be quite stressful. You may need an attorney later, even if you start the process independently. Hence, from the very start, it would be a smart move to consult and avail of a disability attorney’s services.
How to find a disability attorney
You can try the following to find the right disability attorney to walk you through the process and fight for your rights.
- Consult a lawyer. If you are already connected to a lawyer, you can ask for a referral for someone who specializes in protecting disability rights and processing disability claims.
- Check the Bar Association. Each county and state has an official Bar Association of its own. You can connect with the association from your state and ask for a referral.
- Reach out to a disability processing firm. Certain companies specialize in this very field. You can reach out to them and avail of their free consultation to see if they can help you with your case. The firm can also let its lawyer handle your case.
Because disability lawyers specialize in such cases, you can rest assured that they know the job best. Such lawyers deal with employment, education, and other different cases. They can fight for your rights and help you deal with the legal proceedings. Letting a disability lawyer handle your case is something you won’t regret.