An Overview on Disability Law
Common areas of legal protection
on December 15, 2016
Updated on June 30, 2022
The law protects people who have disabilities—physical or mental impairments that substantially limit one or more major life activities. The law also protects people who do not have a disability, but are regarded as having one.
If you believe you have been treated in an unlawful way because of your disability, you may be considering filing a lawsuit. The following is a brief overview of common areas of protection that you can use to evaluate your situation. If you decide to speak with a lawyer, you can use this as a foundation to feel confident.
The Americans with Disabilities Act (ADA) was passed to ensure that people with disabilities have the same rights as people without disabilities. It prevents discrimination based on disability in everyday life, including employment, access to stores, and transportation. Other federal laws protect people with disabilities when they want to access housing or education.
Employers with 15 or more employees are required to follow the ADA. The protections offered by the ADA are effective before the employment relationship begins, so employers are prohibited from recruiting and hiring in discriminatory ways. This means that the employer cannot ask certain questions about a candidate’s disability until an offer has been extended. During the course of the employment relationship, the employer must provide reasonable accommodations so that the employee can perform the necessary work—which can include things like special work schedules and additional equipment.
The ADA requires that private entities that own or lease a place of public accommodation make their accommodations available to persons with disabilities. Common public accommodations include restaurants, hotels and stores. There cannot be any exclusion, segregation or unequal treatment of people with disabilities, and the ADA further requires certain architectural standards to make public accommodations accessible—ramps being a common example. Finally, in some situations, accommodations may be required to modify procedures for people with disabilities.
The ADA applies to public transportation services, including buses and rail transit systems. These systems cannot discriminate against people based on disability, and they must make a good faith effort to purchase or lease vehicles that are accessible. Unless it would create an undue burden, systems must provide a paratransit system—which pick up and drop off people who are unable to use traditional public transportation at their destinations.
Fair Housing Act
Under the Fair Housing Act, it is unlawful to discriminate against someone because of a disability. This applies to both renting and buying, stating that housing cannot be denied to a person because of their disability. Landlords must also allow people to make access-related modifications to their living space. The landlord will not be required to pay for these modifications, but they must allow them under the act. Landlords may also be required to make reasonable exceptions to policies. For example, blind tenants may be permitted to have a service dog even when there is a no pet policy.
Individuals with Disabilities Education Act
The Individuals with Disabilities Education Act (IDEA) applies to public schools. These schools must make “free and appropriate” education available to students with disabilities. This includes providing the least restrictive environment possible for the student to learn in, and schools might be required to provide aides or adhere to an education plan.
Below are some common questions you might want to consider when meeting with an attorney for the first time.
- What are disability benefits?
- Can I work while receiving disability benefits?
- How do I know if I was discriminated against because of my disability?
- Is my disability covered by the ADA?
- What can an employer ask about my disability?
Finding the Right Attorney for Your Needs
It is important to approach the right type of attorney—someone who can help you through your entire case. To do so, you can visit the Super Lawyers directory, and use the search box to find a lawyer based on your legal issue or location.
To help you get started, you may want to consider looking for a lawyer who practices disability law.
Why Should I Talk to a Lawyer?
State and federal laws may not protect the same disabilities, which can lead to questions of whether you are protected and what law you should bring your case under. An experienced attorney will be able to help you evaluate your case and determine the appropriate law. They will also interview witnesses, including employers or landlords who may have discriminated against you.
A lawyer will be able to anticipate potential problems with your case and advise you on how to approach them, as well as keep track of deadlines and file all the paperwork with the necessary courts and agencies—giving you one less thing to worry about.
Why Super Lawyers?
Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The patented selection process includes independent research, peer nominations and peer evaluations. The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel. As Super Lawyers is intended to be used as an aid in selecting a lawyer, we limit the lawyer ratings to those who can be hired and retained by the public. You can learn more about the selection process here.