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CIVIL RIGHTS
LAWS
A chronological
listing and brief description of important federal civil rights laws affecting
people with disabilities is in order.
1964--Civil Rights Act: prohibits discrimination on
the basis of race, religion, ethnicity, national origin, and creed; later,
gender was added as a protected class.
1968--Architectural
Barriers Act: prohibits architectural barriers in all federally owned or
leased buildings.
1970--Urban Mass Transit Act: requires that all new
mass transit vehicles be equipped with wheelchair lifts. As mentioned earlier,
it was twenty years, primarily because of machinations of the American Public
Transit Association (APTA), before the part of the law requiring wheelchair
lifts was implemented.
1973--Rehabilitation Act: particularly Title V,
Sections 501, 503, and 504, prohibits discrimination in federal programs and
services and all other programs or services receiving federal funding.
1975--Developmental
Disabilities Bill of Rights Act: among other things, establishes
Protection and Advocacy services (P & A).
1975--Education of All Handicapped Children Act (PL
94-142): requires free, appropriate public education in the least restrictive
environment possible for children with disabilities. This law is now called the
Individuals with Disabilities Education Act (IDEA).
1978--Amendments to the Rehabilitation Act:
provides for consumer-controlled centers for independent living.
1983--Amendments to the Rehabilitation Act:
provides for the Client Assistance Program (CAP), an advocacy program for
consumers of rehabilitation and independent living services.
1985--Mental Illness Bill of Rights Act: requires
protection and advocacy services (P & A) for people with mental illness.
1988--Civil Rights Restoration Act: counteracts bad
case law by clarifying Congress' original intention that under the
Rehabilitation Act, discrimination in ANY program or service that is a part of
an entity receiving federal funding--not just the part which actually and
directly receives the funding--is illegal.
1988--Air Carrier Access Act: prohibits
discrimination on the basis of disability in air travel and provides for equal
access to air transportation services.
1988--Fair Housing Amendments Act: prohibits
discrimination in housing against people with disabilities and families with
children. Also provides for architectural accessibility of certain new housing
units, renovation of existing units, and accessibility modifications at the
renter's expense.
1990--Americans with Disabilities Act: provides
comprehensive civil rights protection for people with disabilities; closely
modeled after the Civil Rights Act and the Section 504 of Title V of the
Rehabilitation Act and its regulations.
2006-
Children's Mental Health Act
2006-
Timothy's Law - Mental Health Parity In NYS
U.S. Department of Justice
Civil Rights Division
Disability Rights Section |
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A Guide
to
Disability Rights Laws
September 2005
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/TTY)
www.jan.wvu.edu
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
400 Seventh Street, S.W.
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 telecommunications devices for the deaf (TDDs), which
are also known as teletypewriters (TTYs), 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 Program Compliance and Disability Rights
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
U.S. Department of Transportation
400 Seventh Street, S.W.
Room 4107, C-75
Washington, D.C. 20590
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 telecommunications devices for the deaf (TDDs) which are also
known as teletypewriters (TTYs). 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/esa/ofccp
(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
Center for IT Accommodation (CITA)
1800 F Street, N.W.
Room 1234, MC:MKC
Washington, DC 20405-0001
www.gsa.gov/section508
(202) 501-4906 (voice)
(202) 501-2010 (TTY)
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 ADA and IT
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.
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