Disability law is largely regulated by the Americans with Disabilities Act (ADA) of 1990. Discrimination against individuals with disabilities in employment, housing, education, and access to public services are what this Act prohibits.
A disability is defined by the ADA as any of the following: 1. "A physical or mental impairment that substantially limits one or more of the major life activities of the individual." 2. "A record of such impairment." 3. "Being regarded as having such impairment."
Alcoholism is included as a disability, but other socially undesirable behavior such as sexual behavior disorders like pedophilia or transvestism, compulsive gambling, and pyromania are all excluded from the Act. Nevertheless, the ADA does not list all impairments covered. It further requires that reasonable accommodation be made so as to provide individuals with disabilities equal opportunities. And agencies and departments charged with enforcement of the ADA include the Equal Employment Opportunity Commission (EEOC) and the Department of Justice. But States may pass disability statutes so long as they are consistent with the ADA.
There are also other statutes that prohibit discrimination against individuals with disabilities. They include the Fair Housing Act, Rehabilitation Act, Air Carrier Access Act, and the Individuals with Disabilities Education Act. It is illegal to discriminate in any aspect of selling, renting, or denying housing because of an individual's disability. This is according to the Fair Housing Act. And it is necessary for owners 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 receiving Federal financial help, in Federal employment, and in the employment practices of Federal contractors. And its standards reflect those of the ADA. Air carriers are prohibited from discrimination against qualified individuals with physical and/or mental impairments under the Air Carrier Access Act.
Lastly, 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 restrictive environment according to their needs.
|