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Federal Disability Law Basic info and FAQs

By Edited Feb 10, 2014 0 0

California adheres to State and Federal laws in matters of disability-related complaints.

The laws set stipulations on dealing with discrimination which is based on disability. It includes rights on employment among companies.

Federal laws have Rehabilitation Act (501, 503, 504, 508), Americans with Disabilities Act (Title I, Title II, Title III, Title IV), and Air Carrier Access Act.

Rehabilitation Act stipulates measures on providing vocational rehabilitation, independent living, client assistance, and supported employment. It covers matters on employment rights, protection, access, and advocacy for people with disabilities.

It prohibits discrimination from work due to physical disability. It provides programs and offers practices that may give considerate employment opportunity for impaired people. It specifies measures in which people with impaired hearing or vision may receive

supported or alternative work opportunities.

The Federal agency reviews complaints from people and issues a "right to sue" letter for a formal lawsuit. It encourages the use of electronic and information technology to help people with impairment perform their work duties.

The Federal Agency's Access Board provides technical assistance, training, and maintaining accessibility of electronic and information technology for people with disabilities.

Americans with Disabilities Act (ADA)

The ADA protects people from discrimination in employment. ADA defines disability as a limitation in physical or mental activities. It includes people with a history or record of impairment. It also includes people who other perceived as impaired.

It clearly mandates that employers give sufficient accommodation to applicants with disabilities. Such accommodation will include fair consideration in the recruitment and hiring process of the company. It also prohibits discrimination in the process of promotion, retention, or termination. This law encompasses employers with 125 or more employees.

Equal Employment Opportunity Commission (EEOC) publishes pertinent information concerning cases of discrimination in the workplace.

Air Carrier Access Act also stipulates prohibitions on disability discrimination concerning U.S. and foreign air carriers. The Department of Transportation implements this act and provides standards of service for people with disabilities.

Some Questions on Disability Discrimination:

Q: Are all school, colleges, and universities covered?

A: Public School districts are covered by Rehabilitation Act and Title II of The Americans with Disabilities Act (ADA) Section 504. Some laws may not apply to private colleges and universities.

Q: Are all programs in school, college, or university covered if it receives financial support from federal agencies?

A: Yes.

Q: Are the laws applicable to parents of students?

A: Yes.

Q: Where can Disability Discrimination Occur?

A: Employment, Education, Housing, Access to Buildings and Businesses, and Transportation

Employment- It includes failure-to-hire claims

Education- It includes disabled student claims

Housing- It includes complaints on refusal to negotiate with a disabled person

Access to Buildings and Business- It includes complaints on businesses that fail to

properly accommodate customers based on disability

Transportation- It includes complaints on transportation agency that was unwilling to give appropriate service to disabled passengers.


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