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