Disability Law

The Americans with Disabilities Act of 1990 dictates most of the law today dealing with disabilities. This Act prohibits discrimination against individuals with disabilities in employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and access to public services. In order to participate in the rights of the ADA, an individual must be disabled as defined by their strict definition. The ADA defines disability as the “inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months” or “blindness” as defined as “central visual acuity of 20/200 or less in the better eye with the use of a correcting lens.” While the ADA does recognize such disorders as alcoholism in its repertoire, other social behaviors such as pedophilia, transvestism, compulsive gambling, and pyromania are excluded. The ADA, however, does not list all impairments covered that are considered disabilities.

The main purpose of the ADA is to ensure the rights of disabled individuals through clear mandated regulations and to make sure these statutes are strictly adhered to by all of the specified institutions in the ADA law code. To make sure these regulations are followed, the Federal government created the Equal Employment Opportunity Commission (EEOC) and the Department of Justice to oversee its enactment.

Other statutes prohibiting discrimination against individuals with disabilities include the Rehabilitation Act, the Individuals with Disabilities Education Act, the Fair Housing Act, and the Air Carrier Access Act. The Rehabilitation Act prohibits discrimination on the basis of disability in programs receiving Federal financial assistance, in programs run by Federal agencies, in Federal employment opportunities, and in the employment practices of Federal contractors. The Individuals with Disabilities Education Act requires that public schools provide a free accessible public education in a conducive environment to individuals with disabilities. The Air Carrier Access Act prohibits air carriers from discrimination against qualified individuals with physical or mental impairments.

The Fair Housing Act prohibits discrimination in any aspect of selling, renting, or denying housing because of an individual's disability.