disability law: an overview
Disability law is largely regulated by the Americans with Disabilities Act (ADA) of 1990. This Act prohibits discrimination against individuals with disabilities in employment, housing, education, and access to public services.
The ADA defines a disability as any of the following:
- "a physical or mental impairment that substantially limits one or more of the major life activities of the individual."
- "a record of such impairment." or
- "being regarded as having such an impairment."
While alcoholism is included as a disability, other socially undesirable behavior is excluded from the Act. For example, sexual behavior disorders, compulsive gambling, and pyromania are all excluded. The ADA, however, does not list all impairments covered. The ADA further requires that reasonable accomodation be made so as to provide individuals with disabilities equal opportunities. Agenices and departments charged with enforcement of the ADA include the Equal Employment Opportunity Commission (EEOC) and the Department of Justice.
States may pass disability statutes so long as they are consistent with the ADA.
Other statutes prohibiting discrimination against individuals with disabilities include the Fair Housing Act, Rehabilitation Act, Air Carrier Access Act, and the Individuals with Disabilities Education Act. Under the Fair Housing Act, it is unlawful to discriminate in any aspect of selling, renting, or denying housing because of an individual's disability. Owners are further required to make reasonable exceptions in their housing policies so as to afford equal housing opportunities to those with disabilities.
The Rehabilitation Act prohibits discrimination on the basis of disability in programs conducted by Federal agencies, in programs recieving Federal financial assistance, in Federal employment, and in the employment practices of Federal contractors. Its standards mirror those of the ADA.
Under the Air Carrier Access Act, air carriers are prohibited from discrimination against qualified individuals with physical and/or mental impairments.
Finally, the Individuals with Disabilities Education Act requires public schools to make available to all eligible children with disabilities a free appropriate public education in the least restricitve environment according to their needs.
menu of sources
U.S. Constitution and Federal Statutes
- U.S. Code:
- 42 U.S.C., Chapter 1 - Compensation for Military Personnel Disabled Overseas
- 42 U.S.C., Chapter 7 - Social Security (Aid to the Aged, Blind, and Disabled)
- 38 U.S.C., Chapter 11 - Compensation for Service-Connected Disability or Death
- 42 U.S.C., Chapter 14 - Protection and Advocacy for Mentally Ill Individuals
- 42 U.S.C., Chapter 18 - Longshore and Harbor Workers' Compensation Act
- 42 U.S.C., Chapter 21 - Civil Rights
- 42 U.S.C., Chapter 126 - Americans with Disabilities Act
- 42 U.S.C., Chapter 31 - Housing Opportunities for Persons with AIDS
- 42 U.S.C., Chapter 75 - Programs for Persons with Developmental Disabilities
- 42 U.S.C., Chapter 45 - Fair Housing Act of 1988
- CRS Annotated Constitution
Federal Agency Regulations
Federal Judicial Decisions
- U.S. Supreme Court:
- U.S. Circuit Courts of Appeals: Recent Decisions on Disability Issues
- Uniform Duties to Disabled Persons Act (adopted in Colorado, Louisiana, Minnesota, New Mexico, North Dakota, Ohio, and Oklahoma)
- Uniform Veterans' Guardianship Act (adopted in Arkansas, Colorado, Indiana, Kentucky, Louisiana, Missouri, North Carolina, Ohio, Oklahoma, Rhode Island, South Dakota, Tennessee, Vermont, Virgin Islands, Washington, and Wisconsin)
- Search Individual State Statutes
State Judicial Decisions
- N.Y. Court of Appeals:
- Appellate Decisions from Other States
Key Internet Sources
- Department of Health and Human Services
- Social Security Administration
- Employment Discrimination (Nolo)
- Department of Veterans Affairs
- ABA Commission on Mental and Physical Disability Law
- ADA & Disability Information
- Disability Etiquette Handbook
- National Business and Disability Council
- Job Accommodation Network (JAN)
- President's Committee for People with Intellectual Disabilities
- Employer's Guide to Hiring Persons with Disabilities
- Einet - Disability Law
- Americans with Disabilities Act Document Center
- New York State Wheelchair Lemon Law
- Employment and Disability Institute at ILR-Cornell
Useful Offnet (or Subscription - $) Sources
- Good Starting Point in Print: Bonnie Poitras Tucker, Tucker's Federal Disability Law in a Nutshell, West Group (2004)