Disability Issues And Rights

Authored By: Lagniappe Law Lab
Read this in: Spanish / Español

About

About Disability Issues And Rights

Disability rights are legal rights that protect people with disabilities from discrimination and enable them to lead full, independent lives. These rights include the right to be free from discrimination in employment, education, housing, public services, and other areas of life, as well as the right to reasonable accommodations and access to services. Disability rights also encompass the right to access the same resources, opportunities, and services that are available to people without disabilities. 

People with disabilities may face challenges when it comes to asserting their rights and navigating the legal system. This could include knowing what laws protect them and how to exercise their rights.
The following are a list categories of disability rights and laws covered here: 

  • Disability Discrimination At Work 
  • Disability Rights Around Housing 
  • Disability Accessibility Rights 
  • Disability Discrimination In Government Programs 

Work

Disability Discrimination At Work

Disability discrimination at work is covered by federal law, The Americans With Disabilities Act (ADA) Title I. ADA Title I prohibits discrimination in employment for a person based on their disability. This includes discrimination issues around hiring, firing, pay, job assignments, promotions, or comments and insults. ADA Title I covers what the standards for discrimination are and what a person may do to protect themselves. Employers must provide reasonable accommodations to qualified employees with a disability unless it would create an undue hardship for the employer. 

Applies to: Employers that have 15 or more employees, including state/local governments, employment agencies, and labor unions
How To File A Complaint: If you believe you have experienced discrimination on the basis of disability at work, you may file a complaint with the Equal Employment Opportunity Commission, EEOC.

 

Housing

Disability Rights Around Housing

Disability rights around housing are covered by federal law, The Fair Housing Act (FHA). The FHA prohibits discrimination in housing because of disability and promotes equal housing opportunities for persons with disabilities. The law protects buyers, renters, and home-seekers. The law prohibits housing providers from refusing residency to persons with disabilities or placing conditions on their residency. Housing providers must make reasonable accommodations and allow modifications that are necessary for persons with disabilities. This includes allowing service animals, making physical changes to the rental unit, allowing for flexible rental policies, and more. The FHA also requires that housing be accessible for people with physical disabilities. 

Applies To: Many types of housing, both publicly and privately owned. 
How To File A Complaint: If you believe you have experienced discrimination around housing on the basis of disability, you may file a complaint with the Office of Fair Housing and Equal Opportunity (FHEO).

Accessibility

Disability Accessibility Rights

Disability accessibility rights are covered by federal law, The Americans With Disabilities Act (ADA) Title III. Title III applies to public accommodations and services operated by private entities. Businesses must provide people with disabilities an equal opportunity to access the goods and services that they offer. The ADA requires businesses to make reasonable modifications to their policies, practices, and procedures in order to make their services accessible to people with disabilities. These modifications may include providing accessible entrances, installing ramps and elevators, making restrooms and other spaces accessible, providing accessible seating, and providing assistive technology. Businesses are also required to provide reasonable accommodations to employees with disabilities, such as providing assistive technology or making adjustments to a workstation.

Applies To: Businesses and nonprofits serving the public. Examples include transportation services, airlines, stores, restaurants, shopping centers, gyms, movie theaters, private schools, and retail stores. Religious organizations are exempt from the requirements of Title III of the ADA. 

Commercial facilities only need to comply with the requirements of the ADA Standards For Accessible Design. Examples of commercial facilities include office buildings, warehouses, and factories. 
How To File A Complaint: If you believe you have experienced accessibility issues and your rights have been violated, you may file a complaint with the Department of Justice, Civil Rights Division.

Government Programs

Disability Discrimination In Government Programs

Disability discrimination in government programs is covered by federal law, The Americans With Disabilities Act (ADA) Title II. ADA Title II applies to programs and services of state and local governments. This includes any services, programs, and activities provided through state and local governments. State and local governments must provide people with disabilities an equal opportunity to benefit from all their programs, services, and activities. Under the ADA, state and local governments must make reasonable modifications to their policies, programs, and services, provide auxiliary aids and services, and provide alternate formats for people with disabilities. 

Applies To: All services, programs, and activities of state and local governments. Examples include public transit systems, public education, recreation, health care, social services, courts, voting, emergency services, and town meetings. 

How To File A Complaint: If you believe you have experienced disability discrimination in a local or state government program, you may file a complaint with the Department of Justice, Civil Rights Division.  
You may also file a complaint with the Federal Transit Administration if you believe you have been discriminated against by a public transit provider.

Last Review and Update: May 03, 2023
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