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Bionic Power

Staff Writer

Introduction to disability law: knowing your rights

In the United States, disability law consists of a robust collection of laws and enforcement entities which seek to promote equity and inclusion throughout American society. Navigating the law can be challenging, as ableist discrimination can take on many forms and there are many sources of disability law addressing various areas where discrimination might come into play. It is important to have a sense of what the rules are and who oversees their enforcement in order to be an effective advocate for yourself and others. Keep reading to discover more about the present state of disability law in the United States.

What is the Americans with Disabilities Act (ADA)?

 

The ADA is the primary source of disability laws in the United States. This statute prohibits discrimination against people with disabilities. Its sweeping scope covers employment, healthcare, transportation, education, public services, and telecommunications, amongst others. Under the Act, a person with a disability is someone who has a physical or mental impairment substantially limiting one or more major life activities. Several federal agencies enforce different components of the Act, ensuring that both public and private organizations do not engage in discriminatory and ableist practices.

Who enforces the ADA?

The Americans with Disabilities Act is a long and complex statute targeting many areas where disabled people may encounter discrimination. Anti-discrimination enforcement falls within the purview of different agencies depending on the context of where and how the alleged discrimination came about. The type of issue that you or someone you know is facing determines who the best party is to reach out to obtain a fair remedy. See below for a list of the different agencies and what they focus on (their contacts are linked).

The U.S. Equal Employment Opportunity Commission (EEOC): Enforces Title I of the ADA, which prevents discrimination against qualified individuals with disabilities in job applications, hiring, firing, and job training by private employers, state and local governments, employment agencies, and labour unions.

The U.S. Department of Transportation: Enforces regulations to ensure that recipients of federal aid and entities responsible for roadways and pedestrian facilities do not discriminate against people with disabilities in highway transportation programs. They also provide guidance to transit agencies on ADA compliance to ensure public transit accessibility.

The Federal Communications Commission (FCC): This ensures telephone and Internet companies provide relay services that allow individuals with hearing and speech disabilities to communicate via telephone.

The U.S. Department of Justice (DOJ): Enforces ADA regulations for state and local government services (Title II) and public accommodations (Title III), ensuring accessibility and non-discrimination.

The U.S. Department of Education: Outlaws discrimination in programs or activities that receive federal financial assistance from the department.

The U.S. Department of Health and Human Services (HHS): Enforces Title II of the ADA for programs, services, and activities who get HHS federal financial assistance. This includes ensuring access to sign language interpreters and other aids for effective communication in hospitals and clinics for those who are deaf or hard-of-hearing.

The Architectural and Transportation Barriers Compliance Board (ATBCB): Issues guidelines to ensure buildings, facilities, and transit vehicles are accessible to people with disabilities. Their standards apply to places of public accommodation, commercial facilities, and state and local government facilities.

Workplace disability discrimination

Under Title I of the Americans with Disabilities Act (ADA), both public and private employers and labour unions are prohibited from discriminating against qualified people with disabilities throughout all phases of employment. This means that hiring, firing, compensation, training, career advancement, and other terms of employment must be equitable and provide equal opportunity to people of all abilities. For example, a deaf applicant may require a sign language interpreter during a job interview. Somebody with diabetes may need scheduled breaks to monitor their insulin and sugar. A person with a mobility impairment would require that physical barriers to access at their workplace be removed. The EEOC (listed first in the section above) enforces Title I of the ADA to ensure that the employment and job application processes are inclusive for all.

Conclusion

Public infrastructure, workplaces, and other facets of society have a long way to go to be equitable and inclusive for all abilities. Dealing with inaccessibility and discrimination is frustrating and hurtful, but if you’ve experienced these struggles, you do not have to face them alone. There are places to turn to in order to protect your rights and fight systemic ableism.

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