Disability Discrimination

A disability is defined by the ADA as "A physical or mental impairment which substantially limits one or more major life activities; or a record of such impairment; or being regarded as having such an impairment.  The 2008 amendments to the ADA that became effective in January of 2009 broaden the definition of disability reversing some case law, which had restricted the definition in the recent past.

Disability Discrimination Law

The American with Disabilities Act was signed into law in 1990.  It is considered the civil rights acts for persons with disabilities.  It is modeled after the Civil Rights Act of 1964 and the Rehabilitation Act of 1973.

Disability Discrimination Act Protection

There are five titles to the act covering the following areas:

• Title I:  Employment -- Businesses must provide reasonable accommodations in all aspects of employment to protect the rights of individuals with disabilities.  This covers employers with 15 or more employees, includes local, state, and federal governments in addition to employment agencies and labor organizations.  Employment issues are enforced by the EEOC.
• Title II:  Public services -- People with disabilities cannot be denied participation in public service programs or activities that are available to people without disabilities.  Complaints under this title are made to the Justice Department.
• Title III:  Public accommodations -- All new construction must be accessible to individuals with disabilities.  Complaints under this title are made to the Justice Department.
• Title IV:  Telecommunications --Telecommunication companies must have a telephone relay service for individuals who use telecommunications devices for the deaf (TTYs) or similar devices.  The Federal Communications Commission enforces the law under title IV.
• Title V:  Miscellaneous -- This title includes a provision prohibiting coercing, threatening, or retaliating against individuals with disabilities or those assisting them in asserting their rights under the ADA.  The title also authorizes the payment of attorney’s fees for successful litigants.

The Americans with Disabilities Act and its amendments is considered the civil rights law for disabled population in the United States.  It is modeled after the Civil Rights Act of 1964.  It covers employment, public accommodations, public services, and telecommunications.  Successful litigants are entitled to attorney’s fees.

Disability Discrimination Lawyer

If you think you have been a victim of discrimination because of your disability, consult a lawyer who specializes in disability law.  They can advise you on the strength or weakness of your case, give you information about what you need to prove your case.  The ADA allows for the payment of attorney’s fees.  There are also agencies in every state that are mandated to protect and advocate on the behalf of disabled persons.