What Civil Rights Laws Protect People with Disabilities?

Federal and state civil rights laws protect people with disabilities from discrimination in the workplace and other contexts. “Disability rights issues touch every facet of life: Employment, housing, transportation — but also interactions with the world, especially in the face of emerging technology,” says Jessie Weber, a civil rights attorney at Brown Goldstein & Levy in Baltimore.

Civil rights claims are complex. Navigating the legal process when your rights have been violated by a private company or government agency can be difficult. Speak with a discrimination lawyer if you have questions about suing for disability discrimination.

Key Legislation Protecting Disability Rights

The Americans with Disabilities Act of 1990 (ADA) is the key civil rights law protecting against disability discrimination. A person with a disability is defined as someone who has a physical or mental impairment that substantially limits one or more of their major life activities. Major life activities include many things, from walking, seeing, and hearing to learning, reading, and communicating.

The ADA applies to private employers with 15 or more employees, employment agencies, and government agencies. It ensures equal access in employment, education, housing, public accommodations, transportation, and government services.

Section 504 of the Rehabilitation Act of 1973 and other relevant laws, such as the Fair Housing Act (FHA) and the Individuals with Disabilities Education Act (IDEA), also provide protections for individuals with disabilities.

State and local anti-discrimination laws may provide stronger protections than federal law, but no state can provide fewer protections than the federal baseline. “We continue to apply the law in a variety of new contexts with the goal of ensuring that people with disabilities are fully integrated into the modern world,” Weber says. “What I love about this work is that the ADA can be used in all facets of life. It’s a very broad and powerful law; it’s a great tool to have in the toolbox.”

Enforcement of Disability Rights

Several federal agencies enforce disability laws, including the ADA:

• The U.S. Department of Justice (DOJ). Enforces violations relating to public accommodations and state and local government services.
• The U.S. Equal Employment Opportunity Commission (EEOC). Enforces violations relating to employment.
• The U.S. Department of Transportation (DOT). Enforces violations relating to transportation-related issues.

Violations of the ADA can result in penalties. Kinds of penalties depend on the nature of the violation and the particular entity involved, but can include financial compensation and attorney’s fees.

Disability Rights in Employment

The ADA and other laws protect employees are from discriminatory employment practices. Workers have the right to be assessed on their qualifications for a position, not on stereotypes and assumptions.

“Employment issues are a really big disability issue — both getting into the workplace and, once you’re in the workplace, getting the proper accommodations and getting ensured that you’re being treated fairly,” says Weber.

Under the ADA, private and government employers and employment agencies are prohibited from discriminating against qualified individuals with physical or mental impairments in all aspects of employment, including:

• Hiring
• Firing
• Promotions
• Compensation
• Training
• All other terms and conditions of employment

What Is a Reasonable Accommodation?

A reasonable accommodation is an adjustment to job duties, work environment, or employment practices that allows a person with a disability to participate in those activities. Reasonable accommodations come in many forms:

• Modifying a desk or an office for an employee who is in a wheelchair
• Allowing an employee to telework on a part-time basis
• Providing an interpreter to facilitate effective communication
• Changing job tasks
• Providing equipment or software that will help the employee perform their job functions

While employers are not required to offer any specific accommodation, they must engage in a good-faith bargaining process to find one that works.

Employees can report employment discrimination to the U.S. Equal Employment Opportunity Commission (EEOC) field office. To report employment discrimination in federal employment, federal employees and contractors should report discrimination to the Equal Employment Opportunity (EEO) office at the agency where it happened. Federal contractors should submit a pre-complaint inquiry or complaints through the Office of Federal Contract Compliance Programs.

Disability Rights in Housing

Persons with disabilities have housing rights under the federal Fair Housing Act and state and local government laws. The Fair Housing Act prohibits discrimination on the basis of disability, race, color, religion, national origin, or familial status.

Fair housing laws require housing providers to make reasonable accommodations for persons with disabilities so they can have an equal opportunity to use and enjoy a dwelling unit or common space. A reasonable modification in housing could include:

• Installing a ramp into the building
• Installing grab bars in a bathroom
• Allowing a service animal
• Providing a parking spot close to the front entrance of the person’s unit for their dedicated use

Housing providers must make reasonable accommodations, but that doesn’t require them to make changes that would create an undue financial or administrative burden. However, when landlords or developers violate housing non-discrimination laws, they can be sued.

Disability Rights in Transportation

Finding reliable transportation, especially public transportation, can be challenging for people with disabilities or restricted mobility.

Both state laws and Title II of the ADA guarantee equal access to transportation services and public accommodations. For example, in Maryland, where Weber practices, the Maryland Transit Administration (MTA), and certain private entities, must make reasonable accommodations and reasonable modifications for people in need.

Disability Rights in Education

The Individuals with Disabilities Education Act (IDEA) ensures that students with disabilities receive free and appropriate education in an environment that best meets their needs.

In special education law, a least restrictive environment means that students with disabilities should be educated alongside their non-disabled peers as much as possible. This prevents unnecessary segregation of students with disabilities from students without disabilities. Additionally, schools must create Individualized Education Programs (IEPs) for IDEA-eligible students, which the federal government helps fund.

Congress does not fully fund IDEA, though it sets federal funding goals to provide financial assistance to public school students with individual education needs. Local school districts and state officials are left to make up funding shortfalls.

Disability Rights in Local Government Services

Title II of the ADA requires state and local governments to give people with disabilities an equal opportunity to benefit from public services and activities such as public education, social services, courts, and town meetings. It also ensures that voters with disabilities have access to polling places.

The ADA in an Age of Technological Advancements

“Although the ADA is becoming an older law, the intent of Congress was for it to keep pace with technological advancements,” says Weber. “A lot of the work I do focuses, broadly, on access to information. I do a lot of work on behalf of blind individuals seeking access to the internet and communications from the federal government about benefits or tax notices.”

The ADA is driven by broad principles, which has allowed it to adapt to technological advancements, ensuring that individuals with disabilities can participate in a tech-driven world. Ongoing updates and guidance can help address new challenges presented by technological advancements.

What To Do If Your Civil Rights Are Violated

Civil rights laws play a critical role in safeguarding the rights of individuals with disabilities. If you were a victim of employment discrimination, housing discrimination, transportation discrimination, or any other form of disability discrimination, a civil rights lawyer will be able to advise you of your rights and help you take action to get justice and accountability.

Use the Super Lawyers’ directory to find and contact an experienced civil rights attorney in your area.