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