| Disability Law is one that prohibits discrimination against | | | | • Modification or adjustment of equipment or |
| individuals with disabilities in employment, housing, | | | | devices, alteration or modification of examinations, |
| education and access to public services. It is largely | | | | training modules, or guidelines, and providing qualified |
| regulated by the Americans with Disabilities Act (ADA). | | | | readers or interpreters. |
| They are aimed at protecting and safeguarding the | | | | An employer is compelled to create a "reasonable |
| rights of persons with disability. That is why the | | | | accommodation" to a recognized disability of a |
| government has passed several laws to strengthen its | | | | qualified applicant or employee if it will not cause an |
| advocacy on disability. Some of these federal laws | | | | "undue hardship" on the operation of the employer's |
| include: | | | | industry. |
| • Americans Disabilities Act | | | | Undue hardship is defined under the law as "an action |
| • Telecommunications Act | | | | requiring significant difficulty or expense when |
| • Air Carrier Access Act | | | | considered in light of factors such as an employer's |
| • Voting Accessibility for Elderly and | | | | size, financial resources, and the nature and structure |
| Handicapped Act | | | | of its operation." |
| • National Voters Registration Act | | | | In the case of Wysinger v. Automobile Club of |
| • Civil Rights of Institutionalized People Act | | | | Southern California, the California Court of Appeal |
| • Rehabilitation Act | | | | (Second Appellate District) delivered a blow to |
| • Architectural Barriers Act | | | | management in its defense against Fair Employment |
| • Individuals With Disabilities Education Act | | | | and Housing Act (FEHA) claims brought by disabled |
| On the other hand, State Laws & Regulations include: | | | | employees when the court found that: |
| • Unruh Civil Rights Act | | | | "the interactive process and providing reasonable |
| • California Civil Code Sections 54 through | | | | accommodations are separate requirements in |
| 55.2 | | | | disability discrimination claims, and thus constitute |
| • Title 24 California Building & Standards | | | | separate causes of action with separate burdens of |
| Code (Physical Access Regulations) | | | | proof." |
| • California Government Code Section | | | | California Disability Discrimination Law - Employees |
| 11135-11138 | | | | Must Show They Can Do the Job |
| • Fair Employment and Housing Act | | | | Under the California Fair Employment & Housing Act |
| How Does the Law Define Disability? | | | | (FEHA), it states that California employers do not have |
| Under the Americans with Disabilities Act (ADA), a | | | | to hire or continue to employ "disabled" individuals who |
| person is deemed disabled if he is any of the following: | | | | cannot perform "essential job functions" even with |
| 1. who is physically or mentally impaired that | | | | "reasonable accommodation." |
| substantially limits one or more of his/her major life | | | | Disability Law on Children |
| activities | | | | The Individuals with Disabilities Education Act (IDEA) is |
| 2. who has a record of such impairment | | | | originally enacted by Congress in 1975 to ensure that |
| 3. who is being regarded as having such an impairment | | | | children with disabilities had the equal opportunity to |
| Employment Disability | | | | receive a free appropriate public education, just like |
| In Los Angeles alone, about 874,315 people have | | | | other children. |
| employment disability. | | | | Also, IDEA administers how states and public agencies |
| Employment disability exists when a qualified employee | | | | provide early intervention, special education and related |
| or applicant, with or without reasonable | | | | services to more than 6.5 million eligible infants, toddlers, |
| accommodation, cannot carry out the essential | | | | children and youth with disabilities. |
| functions of a particular job. | | | | The above laws only prove that the government id |
| Reasonable accommodation includes, but is not limited | | | | sincere in protecting the rights of disabled persons. It is |
| to, the following: | | | | a way of acknowledging their past and future |
| • Accessibility to and usage by persons with | | | | contributions as valuable members of the society. |
| disabilities of the existing facilities utilized by employees; | | | | If you have more questions to ask regarding Social |
| • Job reorganization, varying work schedules, | | | | Security Laws, do not hesitate to visit our website and |
| relocation to a vacant position; | | | | seek help from our expert Los Angeles attorneys. |