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An Overview on Various Los Angeles Disability Laws

Disability Law is one that prohibits• Accessibility to and usage by persons
discrimination against individuals withwith disabilities of the existing facilities
disabilities in employment, housing,utilized  by  employees;
education and access to public services. It
is largely regulated by the Americans with• Job reorganization, varying work
Disabilities  Act  (ADA).schedules,  relocation  to a vacant position;
They are aimed at protecting and safeguarding• Modification or adjustment of
the rights of persons with disability. Thatequipment or devices, alteration or
is why the government has passed several lawsmodification of examinations, training
to strengthen its advocacy on disability.modules, or guidelines, and providing
Some  of  these  federal  laws  include:qualified  readers  or  interpreters.
•  Americans  Disabilities  ActAn employer is compelled to create a
"reasonable accommodation" to a recognized
•  Telecommunications  Actdisability of a qualified applicant or
employee if it will not cause an "undue
•  Air  Carrier  Access  Acthardship" on the operation of the employer's
industry.
• Voting Accessibility for Elderly and
Handicapped  ActUndue hardship is defined under the law as
"an action requiring significant difficulty
•  National  Voters  Registration  Actor expense when considered in light of
factors such as an employer's size, financial
• Civil Rights of Institutionalizedresources, and the nature and structure of
People  Actits  operation."
•  Rehabilitation  ActIn the case of Wysinger v. Automobile Club of
Southern California, the California Court of
•  Architectural  Barriers  ActAppeal (Second Appellate District) delivered
a blow to management in its defense against
• Individuals With DisabilitiesFair Employment and Housing Act (FEHA) claims
Education  Actbrought by disabled employees when the court
found  that:
On the other hand, State Laws & Regulations
include:"the interactive process and providing
reasonable accommodations are separate
•  Unruh  Civil  Rights  Actrequirements in disability discrimination
claims, and thus constitute separate causes
• California Civil Code Sections 54of  action  with  separate burdens of proof."
through  55.2
California Disability Discrimination Law -
• Title 24 California Building &Employees  Must  Show  They  Can  Do  the Job
Standards  Code (Physical Access Regulations)
Under the California Fair Employment &
• California Government Code SectionHousing Act (FEHA), it states that California
11135-11138employers do not have to hire or continue to
employ "disabled" individuals who cannot
•  Fair  Employment  and  Housing  Actperform "essential job functions" even with
"reasonable  accommodation."
How  Does  the  Law  Define  Disability?
Disability  Law  on  Children
Under the Americans with Disabilities Act
(ADA), a person is deemed disabled if he isThe Individuals with Disabilities Education
any  of  the  following:Act (IDEA) is originally enacted by Congress
in 1975 to ensure that children with
1. who is physically or mentally impaireddisabilities had the equal opportunity to
that substantially limits one or more of hisreceive a free appropriate public education,
her  major  life  activitiesjust  like  other  children.
2.  who  has  a  record  of  such  impairmentAlso, IDEA administers how states and public
agencies provide early intervention, special
3. who is being regarded as having such aneducation and related services to more than
impairment6.5 million eligible infants, toddlers,
children  and  youth  with  disabilities.
Employment  Disability
The above laws only prove that the government
In Los Angeles alone, about 874,315 peopleid sincere in protecting the rights of
have  employment  disability.disabled persons. It is a way of
acknowledging their past and future
Employment disability exists when a qualifiedcontributions as valuable members of the
employee or applicant, with or withoutsociety.
reasonable accommodation, cannot carry out
the  essential functions of a particular job.If you have more questions to ask regarding
Social Security Laws, do not hesitate to
Reasonable accommodation includes, but is notvisit our website and seek help from our
limited  to,  the  following:expert Los Angeles attorneys.



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