The Basics of Disability Law. The American Disabilities Act (ADA) was passed in July 26, 1990 to help eliminate discrimination against people with disabilities.
Employment under Disability Law. The ADA guarantees that both private and public employers may not discriminate based disabilities or being related to someone with disabilities. The employer is not allowed to discriminate in any part of the employment process, including:
* Job Applications or Interviews
* Tests required to be eligible for the Job
* Being hired, fired, or promoted.
* Job assignments or Evaluations
Public Accommodations. The ADA guarantees that any public accommodation must be accessible by disabled people. Accessible is defined as having wheelchair ramps, handrails, disability parking, disability equipped bathrooms, widened doors or hallways, installed listening devices or brail, working visual fire alarms, and any other necessary equipment to the public accommodation accessible to a disabled person. Such accommodations include:
* Sidewalks
* Restrooms
* Restaurants
* Stores
* Office buildings
* Movie theaters
* Hotels
* Doctors' and lawyers’ offices
* Pharmacies
* Museums
* Parks
* Supermarkets
* Shopping malls
* Health clubs
* Cruise lines
* Private schools and day-care centers
* Government buildings, such as Post offices, courts, Libraries, etc.
* Phone companies must offer telephone relay services.
What about old buildings? Old buildings must remove physical barriers that may injure disabled people or make the building inaccessible, and then make the building accessible to the disabled person. However, some barriers are unchangeable, and removing the barrier may be impossible or very expensive. In such a case, the building must protect a disabled person from being injured in this area. For example, a ceiling may be too low, and, to fix the ceiling, the entire building may have to be raised. Raising the building is unreasonable, and this situation may call for protective padding on the ceiling so a blind person may not hit his or her head.
Transportation. The ADA requires that, in the future, all forms of transportation must be accessible and convenient for disabled people.
* Airplanes. Under the Air Carrier Access Act of 1986 requires that airlines provide transportation to disabled people without advanced notice of the disability. However, Airlines are allowed to require a 48 hour notice for special disability services, such as 10 or more disabled people traveling in a group. Also, Airlines may not force people with hearing disorders to have an attendant with them at all times, unless their hearing is such that they would be unable to evacuate on their own.
* Buses. Bus stations, new and old must be accessible to the disabled; however, for an old bus station, renovating for disabled people must be financially possible. Since 1990, all new buses have had to offer service to disabled people, and, since 1996, all new privately owned freeway busses must also be accessible by disabled people. If a disabled person cannot reach a fixed bus route, the public bus system must provide the disabled person access to the bus route, unless, of course, this is financially impossible.
* Trains. Train stations must follow the same rules as bus stations. As with Busses, new rail cars must be accessible to disabled people; however, old rail cars must have at least one accessible rail car for disabled people in the entire train.
* Basically all public forms of transportation must:
o Be accessible to the disabled.
o Have equal prices for all travelers.
o Allow disabled people to travel without attendants, unless the disabled person would be unable to evacuate himself or herself during an emergency.
o Not discriminate against any traveler in such a way to cause the traveler to stop using the service.
Housing. The Federal Department of Housing and Urban Development has passed laws to help enforce ADA’s mandate that discrimination for housing because of disabilities is not allowed.
* Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), prohibits refusal of sale, rental, financing (such as mortgages), and other house related transactions based on traits that a person cannot change, such as race, color, national origin, religion, sex, or disability.
Should I file a disability case? Cases under disability law are also described as civil rights law. If you would like to find out more about how to file a case and if you should, please continue to the civil rights page.
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