Making fun of people with mental illness, should be strictly verboten, as it only adds to their stigmatized status.

Sadly, The New Yorker’s new humor series, “Shorts & Murmurs,” is a shameful attempt to create humor at the expense of an already abused social group.

In the first video, titled “Pets Allowed,” inspired by a similarly silly article by Patricia Marx published last year, The New Yorker writer Marc Philippe Eskenazi tours New York with a series of assistance animals intended to appear absurd, beginning with a pig and touching on a turkey, before proceeding to a llama.

This is blatantly an act of making “fun” of (and trying to shame) people with disabilities who require assistance animals in order to enjoy the everyday activities of life. 

The reactions of most New Yorkers he comes across are captured on film by video camera. Eskenazi shows bystanders a letter from a therapist (obtained online) which he presents whenever he is questioned. His demeanor is clearly mocking those who have assistance animals.

The New Yorker will soon be reminded, we live in an age where mocking the disabled is not only frowned upon, but appalling and morally bankrupt..

Some commentators are already noting the problem with this piece: “No thanks Patricia Marx for this article. You and The New Yorker just contributed to the negative stigma of mental illness. This mocks anyone actually benefiting from an ESA. This article encourages people who are on the fence to seek help with a disorder to not seek help. The next time there is an act of violence committed from someone with a mental illness … Think about this article of mocking and bullying that you have written and published…and consider that you might have contributed to it. Perhaps you should write an article that shows the benefits of an ESA.”

How to Sue in Small Claims Court if a Business or Landlord Discriminates Against You Because of Your Service Animal, Assistance Animal, or Emotional Support Animal

Why Use Small Claims Court to Sue for Discrimination?

If a private business or landlord discriminates against you because of your disability, you can sue them in federal court or state court or you can file an administrative claim with a federal or state agency. But, if your claim is for $10,000 or less, you can sue in small claims court yourself, without necessarily needing an attorney. The small claims process is quick and cheap. The rules are simple and informal. And, you don’t need a lawyer.

Which Laws Protect Me?

If a business open to the general public, like a restaurant, library, movie theater, hotel or medical office, discriminates against you because of your disability, you can sue them. A federal law called the American with Disabilities Act (ADA) protects you in every state of the U.S.A., as well as state laws and even local county and city municipal codes in some places.

What are the California laws?

There are three main California laws that protect you:

– Section 51 of the California Civil Code (the Unruh Civil Rights Act) protects you if a business treats you worse than it treats others without disabilities. Cal. Civ. Code § 51, et seq.

– Section 54.1 of the California Civil Code protects you if a business makes it hard for you to enter or get around a public area (like an inaccessible door or restroom). This section also protects you if a business stops you from using goods or services because of your disability. For example: not letting you use your service animal, or, does not give you the same service  other customers would get. This section also does not allow landlords and other housing providers to discriminate against you based on your disability. Cal. Civ. Code § 54.1 “

– The Fair Employment and Housing Act (FEHA), makes it unlawful for any housing owner to discriminate against or harass any person because of their race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, source of income, or disability.  Cal. Gov’t Code § 12955

You can sue a business or other organization open to the public, or a housing provider (or their employee) for breaking these laws.

What are the federal laws?

The ADA, specifically Title III, does not allow businesses open to the public (such as restaurants, hotels, grocery stores, retail stores, and privately owned transportation systems) to discriminate against you based on your disability. Title III of the ADA also requires that these businesses be accessible to people with disabilities. 42 U.S.C. §12182. Title II of the ADA has similar requirement for state and local government services and facilities.  42 U.S.C. §12131, et seq.

The Fair Housing Act (FHA) protects against discrimination in renting and buying a house.See 42 U.S.C. § 3604(f). The FHA states that discrimination includes a refusal to make reasonable accommodation to rules, practices or procedures when necessary to afford a person with a disability equal opportunity to use and enjoy the dwelling.42 U.S.C. § 3604(f)(3)(B). Similarly, the FHA requires landlords to permit reasonable modifications of the premises and of the rules (when needed to afford such equal opportunity to use and enjoy the dwelling). 42 U.S.C. § 3604(f)(3)(A)

What if a California business violates the Americans with Disabilities Act (ADA)?

California law allows you to sue for an ADA violation even though ADA is a federal law. Cal. Civil Code § 54.1. A business violates the ADA if it:

– does not give you equal and full use of its goods, services, facilities, and privileges; or – makes you use separate or different facilities (unless they do this to make sure you get the same goods and services as offered to others); or

– uses contractors or employees who discriminate against you because of your disability.

For more information on the ADA, visit the U.S. Department of Justice’s website dedicated to the ADA (www.ada.gov)

What does California law consider a “disability”?

California law protects people from discrimination due to an actual or perceived physical or mental impairment that makes achieving a major a life activity difficult.Cal. Gov’t Code § 12926(i) and (k). This includes physical and mental impairments, such as, but not limited to: chronic or episodic conditions such as HIV/AIDS, hepatitis, epilepsy, seizure disorder, diabetes, clinical depression, bipolar disorder, multiple sclerosis, and heart disease.

Is the business required to make an accommodation that I need because of my disability?

Maybe. The ADA says businesses may have to give you help, provide some device or technology, remove barriers, provide qualified sign language interpreters, or make a change in the way it operates so you can have equal access to its goods and services. But the law says these aids and adjustments must not be too expensive for the business based on the assets of the business and possibly the parent company. or change the basic nature of the business. 28 C.F.R. §36.104. However, such situations are likely rare. The business also may not have to provide reasonable accommodations if the person requesting the accommodation poses a direct threat to the health or safety of others that cannot be eliminated or reduced by providing reasonable accommodations. 42 U.S.C. § 12182(b)(2)(A)(ii) and (iii), Cal. Civ. Code § 51, et seq.

Can I sue any California business?

Yes. You can sue “any business establishment whatsoever.”Cal. Civil Code § 51(b). This means any business that is open to the public, including, for example: Restaurants, stores, theaters, ATM’s, gas stations – Hospitals, clinics, and doctors’ offices and lawyers’ offices – Planes, trains, buses, and cruise ships (airplanes have different laws that apply) – Private schools, adoption agencies, and businesses offering telephone, TDD and TTY connections – Health clubs, amusement parks or resorts. – Hotels, inn, motel, or other place of lodging (unless there are less than five rooms for rent and the owner lives there) You cannot sue businesses like purely private clubs or religious organizations.28 C.F.R. §36.104

However, just because a club has membership requirements, does not necessarily make it a private club under the law. Generally, to be exempt from the ADA the club has to be a non-profit, open only to members and their guests and cannot host public events, such as tournaments, community affairs or political fundraisers.

[Small Claims Guide]

At Miami University, some students have a different kind of roommate:  one that has a wet nose, a wagging tail and is always happy to see you.

Miami does not allow pets in residence halls, but some students this year are sharing their dorm rooms with an Emotional Support Animal, or ESA.

An ESA is an animal that helps to alleviate or lessen symptoms for a student with a mental or psychiatric disability, like anxiety or depression, as determined by a doctor or other medical professional.

Miami’s policy for admitting ESAs to residence halls states that the animals will be approved if “the student-owner clearly demonstrates the ESA is necessary to provide the student with an equal opportunity to use and enjoy the residence hall.”

According to Director of Student Disability Services Andrew Zeisler, there are currently eight ESAs living in Miami’s residence halls, including dogs, cats and a bearded dragon.

First-year Vivien Fierberg lives with her ESA, Cleo, to help with anxiety.  Cleo is a bearded dragon — a medium-sized lizard whose throat puffs out when it feels threatened, giving it its “beard.”

“I grew up on a farm, so I’ve always been around animals,” Fierberg said.  “When I decided to come here, it was important to me that I would be able to go back after school and still have an animal to hang out with.”

For Cleo to be permitted in the residence hall, Fierberg had to follow the process laid out by Student Disability Services.  A student who wants to register an ESA must provide written documentation from a healthcare professional, stating the student has a need for treatment of a mental or psychiatric disability and establishing the connection between that disability and the support the animal provides.

The student also has to provide a registration form and veterinary records for the animal.  After that, the student signs a policy that states they will pay for any damages or pest infestations the animal causes.

REST OF ARTICLE AT: http://miamistudent.net/?p=17012041

Some have “no pet” policies, but if you walk in and see a person with a dog, don’t judge. The dog, like Jessica Hanaghan’s dog Noble, may be working.

The Americans with Disabilities Act (ADA) defines a service animal as a dog (or a miniature horse) that has been specifically trained to do work or perform tasks for an individual with a physical or mental disability. The tasks performed by the dog must be directly related to the person’s disability.

According to the ADA, businesses that serve the public must allow service animals to accompany people with disabilities where the public is normally allowed to go despite any “no pets” policy. A person with a service dog may be asked to leave only if the dog misbehaves or is a danger.

Under California Penal Code 365.5, a business that interferes with a disabled person’s right to have a service dog with them in public places can be fined up to $2,500.

When California resident Jessica Hanaghan was diagnosed with an incurable auto-immune disorder back in 2013, she knew her life was going to be challenging and different, but she never imagined a service animal would be such as resourceful addition to her life.

Her condition causes pain and swelling of her joints, which results in muscle pain and body tremors (called flares). Flares weaken her body, making it difficult to walk or even pick up items.

“There is no treatment for my disorder, so I have to learn to cope with this for the rest of my life,” Hanaghan said. “When I was diagnosed, I began researching alternative treatments, and I started reading about service dogs. I talked about it with my doctor, who supported the idea and said she’d give me the recommendations I’d need to pursue getting a service dog.”

Noble, a 2-year-old Field Golden Retriever, was trained specifically to work with Hanaghan. Noble assits with:

• Basic tasks such as picking up dropped items,
• helping her keep balance as she walks,
• pushing buttons to open automated doors, and
• recognizing when Hanaghan is about to have a flare-up and gives her a special signal that alerts her to sit down and focus on relaxing.

“Noble and I are so in sync with each other,” Hanaghan said. “He’s been with me since November, and he’s changed my life. He can sense a flare-up before I even feel it, and sometimes I’m able to relax myself to where I don’t have tremors, and that makes such a difference. He’s improved my quality of life in so many ways.”

But not everything is easier with Noble! Being out in public has new challenges. Hanaghan said she’s experienced prejudice from business owners and patrons who ignore her rights to bring Noble with her to any public place, excluding churches as indicated in ADA regulations.

In July, she was turned away from a restaurant because the owner refused to allow Noble inside.

“The owner told me I could only be served on the patio,” Hanaghan said. “I’d never had problems at this restaurant before, but when the owner was there, he wouldn’t let me eat inside. I tried to explain that Noble is my service dog and I have the right to bring him with me, but he refused. It was embarrassing and demoralizing trying to explain my rights while they continued to serve other people.”

Pamela Cohen, an attorney with Disability Rights California, said that assuming Noble wasn’t displaying any aggressive behaviors, the restaurant did not have the right to refuse service. If she wants to, Hanaghan could file a formal claim with the U.S. Department of Justice.

Hanaghan said she doesn’t plan to file a formal claim against the local restaurant, but the incident has inspired her to educate people about service dogs. In her case, her disability is not always apparent and can be called an “invisible disability.”

“There is so much that people don’t know,” Hanaghan said. “You don’t have to be blind to need the assistance of a service dog, and trust me, I get asked if I’m blind a lot because most people don’t know that service dogs can be more than guide dogs.”

The ADA doesn’t require service dogs to have a special license or dog tag to identify them as a service dog.

“There is no training certification requirement for service animals under federal or state law,” Cohen said. “The only requirement is that a service animal must be individually trained to perform the disability-related tasks that it performs. The training can be done by the handler, a professional trainer, or anyone else. The trainer might give out a certificate, but it has no legal significance.

“Service dogs can be required to comply with vaccine and other local requirements for pets, but they do not need to be licensed or registered as service animals. A vest or tag might be helpful in identifying a dog as a service animal. However, it is not required, and it does not affect whether or not the dog qualifies as a service animal under the law.”

According to ADA requirements, businesses can ask a person with a service dog only two questions: Is the dog a service animal required because of a disability, and what are the tasks the dog is trained to perform?

Hanaghan said people stare at her, even if Noble keeps close to her while walking and sits or lays down if Hanaghan is seated. “Everywhere I go, I get looks. I hear the whispers. People think I’m doing it for attention, thinking I’m trying to get away with something. It’s disappointing.”

“A lot of people see him and want to come up to him and pet him, but he’s working,” Hanaghan said. “I rely on him, so I can’t have him distracted by people petting him and kids tugging on his tail. A lot of people are curious, and I love to take the extra time to educate people about the overall benefits of a service dog and what Noble means to me, but I understand some people are wary when they see a dog in a business. There are people who abuse the system. But I need Noble, and it’s disheartening when people expect me to explain myself all time.”

Today, Hanaghan and Noble are inseparable. He travels with her on airplanes and sits at her feet rather than travel in the cargo bay.

“The best compliment I’ve ever received is when a woman told me that she didn’t even know I had Noble with me,” Hanaghan said. “That means a lot. It’s always nice to get compliments about how well-behaved he is.”

An Army veteran wants to move to Indiana once his military contract is over. Problem is: one member of his family isn’t welcome.

Wayne Tibbett has an emotional service animal named Zorro.

But Zorro is a pit bull and the communities Tibbett wants to move to prohibit owning that breed of dog.

More Than Man’s Best Friend

Elaine Stone is counting down the days until her daughter’s family comes home to the Hoosier state.

“I haven’t been close to my daughter for almost four years,” Stone says. “So, I can’t wait for my whole family to be together again.”

Her son-in-law Wayne Tibbett is stationed in New York and his military contract ends in May.

That’s when he plans to move his family back to Benton County, to the small town of Fowler or Oxford.

But both communities have ordinances that prohibit owning ‘vicious dogs’ –  specifically pit bulls.

The town of Oxford prohibits owning pit bulls.

That’s a problem for Tibbett because he has Post Traumatic Stress Disorder and his pit bull Zorro has become much more than a man’s best friend.

“When Wayne gets upset or nervous or anxious, like when he goes in big crowds or a lot of people or a lot of confusion, his anxiety kicks up,” Stone says. “And, he’ll go home and just be with the dog and the dog helps him out so much.”

Service Animal Vs. Emotional Support Animal

Zorro is considered an emotional support animal, which is different from a service animal.

“A trained service animal recognizes and then responds and serves to stop the individual from repetitive or harmful behaviors or gets them away from that particular environment by nuzzling the individual or whatever the animal has been trained to do,” says Peter Berg, Technical Assistance Coordinator at the Great Lakes ADA Center.

That distinction is important because while emotional support animals aren’t protected under the Americans with Disabilities Act, they are under the Fair Housing Act.

And Berg says that means Tibbett can bring Zorro to town.

“A city or town may need to modify a housing ordinance that may limit a breed of dog that can reside in that town or that people can have in that town under the Fair Housing Act,” Berg says. “What gets confusing is that the town would only be required to modify as it relates to allowing the individual to have the animal in their home. The town wouldn’t have to allow the individual to then take the animal out in public.”

Shifting Away From Breed-Specific Legislation

Several of Indiana’s largest cities have moved away from breed-specific legislation – that includes Indianapolis, Fort Wayne and Bloomington.

The city of South Bend just changed its ordinance last year, shifting the language from being breed-specific to behavior-specific.

“Any dog can be aggressive if it’s unaltered, if it’s untrained, under socialized, unsupervised,” says South Bend Councilwoman Valerie Schey. “And, so, really good animal care and control law should be written to address those issues.”

Schey ran on a platform to update the city’s antiquated animal control laws.

She says since the new ordinance went into effect, there haven’t been any major issues.

And the animal shelter’s euthanasia rate has dropped 16 percent over the past two years.

“A lot of these wonderful dogs that happen to be pit bull mixes are now getting a chance to be a loving family companion,” Schey says. “And, that’s what means the most to me.”

Back in Oxford, Elaine Stone is waiting on paperwork from her son-in-law’s doctor so she can go before the town council and ask them to allow Zorro in town.

She just wants her family to come home – pit bull and all.

“These vets have done so much for everybody. They have committed their lives to the military to protect us and this is how they’re treated?” Stone says. “It’s not fair. He just wants to come home and have a nice life. And, we’re finding so many problems.”

Town officials in Oxford and Fowler declined to comment for this story.

A Guide to Disability Rights Laws

A Guide

to

Disability Rights Laws

July 2009

TABLE OF CONTENTS

Americans with Disabilities Act

 

Telecommunications Act

 

Fair Housing Act

 

Air Carrier Access Act

Voting Accessibility for the Elderly and Handicapped Act

 

National Voter Registration Act

Civil Rights of Institutionalized Persons Act

Individuals with Disabilities Education Act

 

Rehabilitation Act

 

Architectural Barriers Act

General Sources of Disability Rights Information

 

Statute Citations

 

 

For persons with disabilities, this document is available in large print, Braille, audio tape, and computer disk.

Reproduction of this document is encouraged.

 

 

This guide provides an overview of Federal civil rights laws that ensure equal opportunity for people with disabilities. To find out more about how these laws may apply to you, contact the agencies and organizations listed below.

Americans with Disabilities Act (ADA)

The ADA prohibits discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications. It also applies to the United States Congress.

To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a disability. An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment. The ADA does not specifically name all of the impairments that are covered.

ADA Title I: Employment

Title I requires employers with 15 or more employees to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities available to others. For example, it prohibits discrimination in recruitment, hiring, promotions, training, pay, social activities, and other privileges of employment. It restricts questions that can be asked about an applicant’s disability before a job offer is made, and it requires that employers make reasonable accommodation to the known physical or mental limitations of otherwise qualified individuals with disabilities, unless it results in undue hardship. Religious entities with 15 or more employees are covered under title I.

Title I complaints must be filed with the U. S. Equal Employment Opportunity Commission (EEOC) within 180 days of the date of discrimination, or 300 days if the charge is filed

with a designated State or local fair employment practice agency. Individuals may file a lawsuit in Federal court only after they receive a “right-to-sue” letter from the EEOC.

Charges of employment discrimination on the basis of disability may be filed at any U.S. Equal Employment Opportunity Commission field office. Field offices are located in 50 cities throughout the U.S. and are listed in most telephone directories under “U.S. Government.” For the appropriate EEOC field office in your geographic area, contact:

(800) 669-4000 (voice)

(800) 669-6820 (TTY)

www.eeoc.gov

Publications and information on EEOC-enforced laws may be obtained by calling:

(800) 669-3362 (voice)

(800) 800-3302 (TTY)

For information on how to accommodate a specific individual with a disability, contact the Job Accommodation Network at:

(800) 526-7234 (voice)

(800) 781-9403 (TTY)

http://askjan.org

 

ADA Title II: State and Local Government Activities

Title II covers all activities of State and local governments regardless of the government entity’s size or receipt of Federal funding. Title II requires that State and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services, and activities (e.g. public education, employment, transportation, recreation, health care, social services, courts, voting, and town meetings).

State and local governments are required to follow specific architectural standards in the new construction and alteration of their buildings. They also must relocate programs or otherwise provide access in inaccessible older buildings, and communicate effectively with people who have hearing, vision, or speech disabilities. Public entities are not required to take actions that would result in undue financial and administrative burdens. They are required to make reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination, unless they can demonstrate that doing so would fundamentally alter the nature of the service, program, or activity being provided.

Complaints of title II violations may be filed with the Department of Justice within 180 days of the date of discrimination. In certain situations, cases may be referred to a mediation program sponsored by the Department. The Department may bring a lawsuit where it has investigated a matter and has been unable to resolve violations. For more information, contact:

U.S. Department of Justice

Civil Rights Division
950 Pennsylvania Avenue, N.W.

Disability Rights Section – NYAV

Washington, D.C. 20530

www.ada.gov

(800) 514-0301 (voice)

(800) 514-0383 (TTY)

Title II may also be enforced through private lawsuits in Federal court. It is not necessary to file a complaint with the Department of Justice (DOJ) or any other Federal agency, or to receive a “right-to-sue” letter, before going to court.

 

ADA Title II: Public Transportation

The transportation provisions of title II cover public transportation services, such as city buses and public rail transit (e.g. subways, commuter rails, Amtrak). Public transportation authorities may not discriminate against people with disabilities in the provision of their services. They must comply with requirements for accessibility in newly purchased vehicles, make good faith efforts to purchase or lease accessible used buses, remanufacture buses in an accessible manner, and, unless it would result in an undue burden, provide paratransit where they operate fixed-route bus or rail systems. Paratransit is a service where individuals who are unable to use the regular transit system independently (because of a physical or mental impairment) are picked up and dropped off at their destinations. Questions and complaints about public transportation should be directed to:

Office of Civil Rights

Federal Transit Administration

U.S. Department of Transportation

1200 New Jersey Avenue, Room E54-427

Room 9102

Washington, D.C. 20590

www.fta.dot.gov/ada

(888) 446-4511 (voice/relay)

 

ADA Title III: Public Accommodations

Title III covers businesses and nonprofit service providers that are public accommodations, privately operated entities offering certain types of courses and examinations, privately operated transportation, and commercial facilities. Public accommodations are private entities who own, lease, lease to, or operate facilities such as restaurants, retail stores, hotels, movie theaters, private schools, convention centers, doctors’ offices, homeless shelters, transportation depots, zoos, funeral homes, day care centers, and recreation facilities including sports stadiums and fitness clubs. Transportation services provided by private entities are also covered by title III.

Public accommodations must comply with basic nondiscrimination requirements that prohibit exclusion, segregation, and unequal treatment. They also must comply with specific requirements related to architectural standards for new and altered buildings; reasonable modifications to policies, practices, and procedures; effective communication with people with hearing, vision, or speech disabilities; and other access requirements. Additionally, public accommodations must remove barriers in existing buildings where it is easy to do so without much difficulty or expense, given the public accommodation’s resources.

Courses and examinations related to professional, educational, or trade-related applications, licensing, certifications, or credentialing must be provided in a place and manner accessible to people with disabilities, or alternative accessible arrangements must be offered.

Commercial facilities, such as factories and warehouses, must comply with the ADA’s architectural standards for new construction and alterations.

Complaints of title III violations may be filed with the Department of Justice. In certain situations, cases may be referred to a mediation program sponsored by the Department. The Department is authorized to bring a lawsuit where there is a pattern or practice of discrimination in violation of title III, or where an act of discrimination raises an issue of general public importance. Title III may also be enforced through private lawsuits. It is not necessary to file a complaint with the Department of Justice (or any Federal agency), or to receive a “right-to-sue” letter, before going to court. For more information, contact:

U.S. Department of Justice

Civil Rights Division
950 Pennsylvania Avenue, N.W.

Disability Rights Section – NYAV

Washington, D.C. 20530

www.ada.gov

(800) 514-0301 (voice)

(800) 514-0383 (TTY)

 

ADA Title IV: Telecommunications Relay Services

Title IV addresses telephone and television access for people with hearing and speech disabilities. It requires common carriers (telephone companies) to establish interstate and intrastate telecommunications relay services (TRS) 24 hours a day, 7 days a week. TRS enables callers with hearing and speech disabilities who use TTYs (also known as TDDs), and callers who use voice telephones to communicate with each other through a third party communications assistant. The Federal Communications Commission (FCC) has set minimum standards for TRS services. Title IV also requires closed captioning of Federally funded public service announcements. For more information about TRS, contact the FCC at:

Federal Communications Commission

445 12th Street, S.W.

Washington, D.C. 20554

www.fcc.gov/cgb/dro

(888) 225-5322 (Voice)

(888) 835-5322 (TTY)

 

Telecommunications Act

Section 255 and Section 251(a)(2) of the Communications Act of 1934, as amended by the Telecommunications Act of 1996, require manufacturers of telecommunications equipment and providers of telecommunications services to ensure that such equipment and services are accessible to and usable by persons with disabilities, if readily achievable. These amendments ensure that people with disabilities will have access to a broad range of products and services such as telephones, cell phones, pagers, call-waiting, and operator services, that were often inaccessible to many users with disabilities. For more information, contact:

Federal Communications Commission

445 12th Street, S.W.

Washington, D.C. 20554

www.fcc.gov/cgb/dro

(888) 225-5322 (Voice)

(888) 835-5322 (TTY)

 

Fair Housing Act

The Fair Housing Act, as amended in 1988, prohibits housing discrimination on the basis of race, color, religion, sex, disability, familial status, and national origin. Its coverage includes private housing, housing that receives Federal financial assistance, and State and local government housing. It is unlawful to discriminate in any aspect of selling or renting housing or to deny a dwelling to a buyer or renter because of the disability of that individual, an individual associated with the buyer or renter, or an individual who intends to live in the residence. Other covered activities include, for example, financing, zoning practices, new construction design, and advertising.

The Fair Housing Act requires owners of housing facilities to make reasonable exceptions in their policies and operations to afford people with disabilities equal housing opportunities. For example, a landlord with a “no pets” policy may be required to grant an exception to this rule and allow an individual who is blind to keep a guide dog in the residence. The Fair Housing Act also requires landlords to allow tenants with disabilities to make reasonable access-related modifications to their private living space, as well as to common use spaces. (The landlord is not required to pay for the changes.) The Act further requires that new multifamily housing with four or more units be designed and built to allow access for persons with disabilities. This includes accessible common use areas, doors that are wide enough for wheelchairs, kitchens and bathrooms that allow a person using a wheelchair to maneuver, and other adaptable features within the units.

Complaints of Fair Housing Act violations may be filed with the U.S. Department of Housing and Urban Development. For more information or to file a complaint, contact:

Office of Compliance and Disability Rights Division

Office of Fair Housing and Equal Opportunity

U.S. Department of Housing and Urban Development

451 7th Street, S.W. , Room 5242

Washington, D.C. 20410

www.hud.gov/offices/fheo

(800) 669-9777 (voice)

(800) 927-9275 (TTY)

For questions about the accessibility provisions of the Fair Housing Act, contact Fair Housing FIRST at:

www.fairhousingfirst.org

(888) 341-7781 (voice/TTY)

For publications, you may call the Housing and Urban Development Customer Service Center at:

(800) 767-7468 (voice/relay)

Additionally, the Department of Justice can file cases involving a pattern or practice of discrimination. The Fair Housing Act may also be enforced through private lawsuits.

 

Air Carrier Access Act

The Air Carrier Access Act prohibits discrimination in air transportation by domestic and foreign air carriers against qualified individuals with physical or mental impairments. It applies only to air carriers that provide regularly scheduled services for hire to the public. Requirements address a wide range of issues including boarding assistance and certain accessibility features in newly built aircraft and new or altered airport facilities. People may enforce rights under the Air Carrier Access Act by filing a complaint with the U.S. Department of Transportation, or by bringing a lawsuit in Federal court. For more information or to file a complaint, contact:

Aviation Consumer Protection Division, C-75

U.S. Department of Transportation

1200 New Jersey Avenue, S.E.

Washington, D.C. 20590

http://airconsumer.ost.dot.gov

(202) 366-2220 (voice)

(202) 366-0511 (TTY)

(800) 778-4838 (voice)

(800) 455-9880 (TTY)

 

Voting Accessibility for the Elderly and Handicapped Act

The Voting Accessibility for the Elderly and Handicapped Act of 1984 generally requires polling places across the United States to be physically accessible to people with disabilities for federal elections. Where no accessible location is available to serve as a polling place, a political subdivision must provide an alternate means of casting a ballot on the day of the election. This law also requires states to make available registration and voting aids for disabled and elderly voters, including information by TTYs (also known as TDDs) or similar devices. For more information, contact:

U.S. Department of Justice

Civil Rights Division
950 Pennsylvania Avenue, N.W.

Voting Section – 1800 G

Washington, D.C. 20530

(800) 253-3931 (voice/TTY)

 

National Voter Registration Act

The National Voter Registration Act of 1993, also known as the “Motor Voter Act,” makes it easier for all Americans to exercise their fundamental right to vote. One of the basic purposes of the Act is to increase the historically low registration rates of minorities and persons with disabilities that have resulted from discrimination. The Motor Voter Act requires all offices of State-funded programs that are primarily engaged in providing services to persons with disabilities to provide all program applicants with voter registration forms, to assist them in completing the forms, and to transmit completed forms to the appropriate State official. For more information, contact:

U.S. Department of Justice

Civil Rights Division
950 Pennsylvania Avenue, N.W.

Voting Section – 1800 G

Washington, D.C. 20530

www.usdoj.gov/crt/voting

(800) 253-3931 (voice/TTY)

 

Civil Rights of Institutionalized Persons Act

The Civil Rights of Institutionalized Persons Act (CRIPA) authorizes the U.S. Attorney General to investigate conditions of confinement at State and local government institutions such as prisons, jails, pretrial detention centers, juvenile correctional facilities, publicly operated nursing homes, and institutions for people with psychiatric or developmental disabilities. Its purpose is to allow the Attorney General to uncover and correct widespread deficiencies that seriously jeopardize the health and safety of residents of institutions. The Attorney General does not have authority under CRIPA to investigate isolated incidents or to represent individual institutionalized persons.

The Attorney General may initiate civil law suits where there is reasonable cause to believe that conditions are “egregious or flagrant,” that they are subjecting residents to “grievous harm,” and that they are part of a “pattern or practice” of resistance to residents’ full enjoyment of constitutional or Federal rights, including title II of the ADA and section 504 of the Rehabilitation Act. For more information or to bring a matter to the Department of Justice’s attention, contact:

U.S. Department of Justice

Civil Rights Division
950 Pennsylvania Avenue, N.W.

Special Litigation Section – PHB

Washington, D.C. 20530

www.usdoj.gov/crt/split

(877) 218-5228 (voice/TTY)

 

Individuals with Disabilities Education Act

The Individuals with Disabilities Education Act (IDEA) (formerly called P.L. 94-142 or the Education for all Handicapped Children Act of 1975) requires public schools to make available to all eligible children with disabilities a free appropriate public education in the least restrictive environment appropriate to their individual needs.

IDEA requires public school systems to develop appropriate Individualized Education Programs (IEP’s) for each child. The specific special education and related services outlined in each IEP reflect the individualized needs of each student.

IDEA also mandates that particular procedures be followed in the development of the IEP. Each student’s IEP must be developed by a team of knowledgeable persons and must be at least reviewed annually. The team includes the child’s teacher; the parents, subject to certain limited exceptions; the child, if determined appropriate; an agency representative who is qualified to provide or supervise the provision of special education; and other individuals at the parents’ or agency’s discretion.

If parents disagree with the proposed IEP, they can request a due process hearing and a review from the State educational agency if applicable in that state. They also can appeal the State agency’s decision to State or Federal court. For more information, contact:

Office of Special Education and Rehabilitative Services

U.S. Department of Education
400 Maryland Avenue, S.W.
Washington, D.C. 20202-7100

www.ed.gov/about/offices/list/osers/osep

(202) 245-7468 (voice/TTY)

 

Rehabilitation Act

The Rehabilitation Act prohibits discrimination on the basis of disability in programs conducted by Federal agencies, in programs receiving Federal financial assistance, in Federal employment, and in the employment practices of Federal contractors. The standards for determining employment discrimination under the Rehabilitation Act are the same as those used in title I of the Americans with Disabilities Act.

Section 501

Section 501 requires affirmative action and nondiscrimination in employment by Federal agencies of the executive branch. To obtain more information or to file a complaint, employees should contact their agency’s Equal Employment Opportunity Office.

Section 503

Section 503 requires affirmative action and prohibits employment discrimination by Federal government contractors and subcontractors with contracts of more than $10,000. For more information on section 503, contact:

Office of Federal Contract Compliance Programs

U.S. Department of Labor
200 Constitution Avenue, N.W.

Room C-3325

Washington, D.C. 20210

www.dol.gov/ofccp/index.htm

(202) 693-0106 (voice/relay)

Section 504

Section 504 states that “no qualified individual with a disability in the United States shall be excluded from, denied the benefits of, or be subjected to discrimination under” any program or activity that either receives Federal financial assistance or is conducted by any Executive agency or the United States Postal Service.

Each Federal agency has its own set of section 504 regulations that apply to its own programs. Agencies that provide Federal financial assistance also have section 504 regulations covering entities that receive Federal aid. Requirements common to these regulations include reasonable accommodation for employees with disabilities; program accessibility; effective communication with people who have hearing or vision disabilities; and accessible new construction and alterations. Each agency is responsible for enforcing its own regulations. Section 504 may also be enforced through private lawsuits. It is not necessary to file a complaint with a Federal agency or to receive a “right-to-sue” letter before going to court.

For information on how to file 504 complaints with the appropriate agency, contact:

U.S. Department of Justice

Civil Rights Division
950 Pennsylvania Avenue, N.W.

Disability Rights Section – NYAV

Washington, D.C. 20530

www.ada.gov

(800) 514-0301 (voice)

(800) 514-0383 (TTY)

Section 508

Section 508 establishes requirements for electronic and information technology developed, maintained, procured, or used by the Federal government. Section 508 requires Federal electronic and information technology to be accessible to people with disabilities, including employees and members of the public.

An accessible information technology system is one that can be operated in a variety of ways and does not rely on a single sense or ability of the user. For example, a system that provides output only in visual format may not be accessible to people with visual impairments and a system that provides output only in audio format may not be accessible to people who are deaf or hard of hearing. Some individuals with disabilities may need accessibility-related software or peripheral devices in order to use systems that comply with Section 508. For more information on section 508, contact:

U.S. General Services Administration

Office of Government-wide Policy IT Accessiblity & Workflow Division (ITAW)

1800 F Street, N.W.

Room 2222 – MEC:ITAW

Washington, DC 20405-0001

www.gsa.gov/portal/content/105254

(202) 501-4906 (voice)

U.S. Architectural and Transportation Barriers Compliance Board

1331 F Street, N.W., Suite 1000

Washington, DC 20004-1111

www.access-board.gov

800-872-2253 (voice)

800-993-2822 (TTY)

 

Architectural Barriers Act

The Architectural Barriers Act (ABA) requires that buildings and facilities that are designed, constructed, or altered with Federal funds, or leased by a Federal agency, comply with Federal standards for physical accessibility. ABA requirements are limited to architectural standards in new and altered buildings and in newly leased facilities. They do not address the activities conducted in those buildings and facilities. Facilities of the U.S. Postal Service are covered by the ABA. For more information or to file a complaint, contact:

U.S. Architectural and Transportation Barriers Compliance Board

1331 F Street, N.W., Suite 1000

Washington, D.C. 20004-1111

www.access-board.gov

(800) 872-2253 (voice)

(800) 993-2822 (TTY)

 

General Sources of Disability Rights Information

ADA Information Line

(800) 514-0301 (voice)

(800) 514-0383 (TTY)

www.ada.gov

Regional Disability and Business

Technical Assistance Centers

(800) 949-4232 (voice/TTY)

 

www.adata.org

 

Statute Citations

Air Carrier Access Act of 1986

49 U.S.C. § 41705

Implementing Regulation:

14 CFR Part 382

Americans with Disabilities Act of 1990

42 U.S.C. §§ 12101 et seq.

Implementing Regulations:

29 CFR Parts 1630, 1602 (Title I, EEOC)

28 CFR Part 35 (Title II, Department of Justice)

49 CFR Parts 27, 37, 38 (Title II, III, Department of Transportation)

28 CFR Part 36 (Title III, Department of Justice)

47 CFR §§ 64.601 et seq. (Title IV, FCC)

Architectural Barriers Act of 1968

42 U.S.C. §§ 4151 et seq.

Implementing Regulation:

41 CFR Subpart 101-19.6

Civil Rights of Institutionalized Persons Act

42 U.S.C. §§ 1997 et seq.

Fair Housing Amendments Act of 1988

42 U.S.C. §§ 3601 et seq.

Implementing Regulation:

24 CFR Parts 100 et seq.

Individuals with Disabilities Education Act

20 U.S.C. §§ 1400 et seq.

Implementing Regulation:

34 CFR Part 300

National Voter Registration Act of 1993

42 U.S.C. §§ 1973gg et seq.

Section 501 of the Rehabilitation Act of 1973, as amended

29 U.S.C. § 791

Implementing Regulation:

29 CFR § 1614.203

Section 503 of the Rehabilitation Act of 1973, as amended

29 U.S.C. § 793

Implementing Regulation:

41 CFR Part 60-741

Section 504 of the Rehabilitation Act of 1973, as amended

29 U.S.C. § 794

Over 20 Implementing Regulations for federally assisted programs, including:

34 CFR Part 104 (Department of Education)

45 CFR Part 84 (Department of Health and Human Services)

28 CFR §§ 42.501 et seq.

Over 95 Implementing Regulations for federally conducted programs, including:

28 CFR Part 39 (Department of Justice)

Section 508 of the Rehabilitation Act of 1973, as amended

29 U.S.C. § 794d

Telecommunications Act of 1996

47 U.S.C. §§ 255, 251(a)(2)

Voting Accessibility for the Elderly and Handicapped Act of 1984

42 U.S.C. §§ 1973ee et seq.

April 9, 2012