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