Legal+Decisions+Concerning+Physical+Disabilities

DIRECTIONS for students:

 * 1) ==Scroll to the bottom of this page.==
 * 2) ==Copy and paste your research summary in the proper place in the section entitled "Research Summaries."==
 * 3) ==Be sure the source citation (in MLA format) is at the top of your entry.==
 * 4) ==Add your own name in brackets [first and last] to the end of your entry.==
 * 5) ==Add a horizontal rule after your entry.==

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 * ** Laws and Legal Decisions Concerning Disabilities **
 * ===Americans with Disabilities Act (1990)===
 * employment
 * transportation
 * public accommodations, including private businesses
 * local and state government programs
 * telecommunications
 * ===Rehabilitation Act (1973)===
 * Section 502
 * Section 504
 * Section 508
 * ===Architectural Barriers Act (1968)===
 * ===other federal laws related to disabilities===
 * Individuals with Disabilities Education Act
 * Rumford Fair Housing Act
 * Air Carriers Act
 * ===Illinois state laws related to disabilities===
 * Illinois Information Technology Act
 * architectural access (1967)
 * ===Supreme Court decisions regarding the ADA or other disability laws===
 * ===Recommended sources on laws and legal decisions:===
 * ===Uni High Library - Reference Books (in the front room of the library along the walls)===
 * **R 323.097303 En19 //The Encyclopedia of Civil Liberties in America//**
 * **R Q. 348.732 M288 //Major Acts of Congress//**
 * **R 348.732 U17 //U.S. Laws, Acts, and Treaties//**
 * ===Uni High Library -- stacks===
 * **344.730159 Am352 Maureen Harrison, Steve Gilbert (eds.), //The Americans with Disabilities Act Handbook//**
 * ===Websites===
 * ** [|ADA Library] **

=Research Summaries:= "Americans with Disabilities Act of 1990, as amended." //ADA// //(1990)//. U.S. Department of Justice, 25 Mar. 2009. Web. 10 June 2010. .

- **Title I** deals with discrimination against people with disabilities in the process of employment. - **Title II** “public entities and public transportation” must be accessible to people with disabilities, whether accessible structurally or like a fixed system of “paratransit” routes and services for public transportations. - **Title III** states that no individual can be denied of “full and equal enjoyment” of public accommodations because of their disabilities. Services such as hotels, inns, recreation, etc. However, religious organizations and private clubs are exempted. - **Title IV** basically amended the Communications Act of 1934. It now requires public telecommunications devices to accommodate people with disabilities, too. - **Title V** provides some miscellaneous provisions, such as stating that “nothing in the ADA amends, overrides, or cancels anything in Section 504 [of the Rehabilitation Act of 1972]”
 * ADA (1990), signed into law by George H.W. Bush, mainly says that it is illegal to discriminate against people solely based on their disability.
 * Context and list of protections are similar to the Civil Rights Act of 1964, which says it is illegal to discriminate based on race, religion, or sex. The ADA of 1990 offers the same protections, only this time it is for people with disabilities.
 * The ADA is divided into five titles (I, II, III, IV, V)

"ADA Library." //Job Accommodation Network//. Office of Disability Employment Policy, n.d. Web. 10 Feb. 2010. .

Ø Even though she herself didn’t need special transportation, her colleagues/students at Beckwith, also her husband, Carl, may need them (accessible buses, public transportation, etc.) Ø Also, commuter authorities (e.g. Amtrak) cannot deny people the right to participate in their programs and services. Ø People with disabilities must be paid same wage for the same job as someone without disabilities. Ø Cannot deny job positions solely based on their disability. Ø Cannot be denied any benefits that comes with the job.
 * For Paige Lewis, Title II is probably of great importance, because:
 * Also, for the students of Paige Lewis that may hold jobs, Title I of the ADA is also important, because:

[Max Li]

Americans With Disabilities Act. 49 USC. Sec. 38. Federal Transit Administration, n.d. Web. 4 Feb. 2010. 501-539.

Section 38 of the ADA is the section about transportation (501). In it, it sets accessibility standards on buses, cars, and trains (502). It says that all of these transportations methods must be accessible by ramp or lift. People with disabilities cannot be discriminated against due to disability; for example, a driver cannot deny a person with a disability access to a bus The ADA also covers discrimination in buildings, employment, and businesses.

U.S. Department of Justice. //ADA Home Page//. U.S. Department of Justice. n.d. 3/19/09. 2/10/10. [] Title III is a part of the Americans with Disabilities Act (ADA) of 1990. It expands on the requirements of accessibility to public accommodations. It covers businesses, non-profit services, commercial facilities, privately owned transportation services and entities that may not receive federal funding but still required to be accessible. It prohibits segregation and unequal treatment against people with disabilities. If the public accommodation has already been built, it requires that barriers in the building that make it inaccessible be removed or altered. [Mara Dolan]
 * ADA Title III **

Office of Disability Employment Policy (ODEP). “//Learn about Disability Laws.” Disability.gov.// US Department of Labor. N.d. Web. 24 January 2010.  In the late 1900’s, there were three major laws passed to expand the rights of people with disabilities. The first law was the Architectural Barriers Act, which was passed in 1968. This law made it necessary for all facilities that received federal funding to be made accessible for people with disabilities. The second major law was the Rehabilitation Act, which was passed in 1973, but not enforced until 1977.This act prohibited discrimination against people with disabilities in federally funded programs and organizations. This law also funded programs of vocational rehabilitation and independent living, which help people with disabilities move forward in their lives. The final law was the Americans with Disabilities Act (ADA), which was passed in 1990. This law required all public services to be available to people with disabilities, as opposed to only the ones that are federally funded. For example, it requires all employers with 15 or more employees to give equal employment opportunities to people with disabilities. The ADA also requires privately owned businesses and facilities to be accessible to people with disabilities, as well as television and radio access to people with hearing and speech disabilities. This law is likely to have the most impact on Univeristy of Illinois students with severe disabilities, such as the ones at Beckwith Hall, because it makes local career opportunities available to people with disabilities so that they can live as independently as possible when they leave college. [Lara Orlandic]

Office of Disability Employmenr Policy (ODEP). "//Learn about Disability Laws//." //Disability.gov//. U.S. Department of Labor. N.d. Web. 28 January 2010. .//
 * Notes on the Americans with Disabilities Act**

• The ADA was passed in 1990 • It gives civil rights protection to individuals with disabilities similar to laws preventing discrimination by race, sex, etc. • Breaks down barriers to employment, transportation, public accomodations, public services, and telecommunications for the disabled. __Title I__ • Requires employers with 15 or more employees to give qualified individuals with disabilities an equal chance in hiring, wages, benefits, etc.

//Disability Discrimination. U.S. Equal Employment Opportunity Commission, n.d. Web. 9 Feb. 2010.// //.//

• Title I also requires employers to make reasonable accommodations for a qualified disabled person. Reasonable accommodations are not-too-drastic changes in the work environment that allow a disabled person to work more efficiently, and to better enjoy work. __Title II__ • Requires that state and local governments have the disabled benefit from their programs, events, services, etc. • States that public transport cannot discriminate against someone on the basis of a disability. __Title III__ • Privately owned businesses, non-profit service providers, privately owned entities, and private transportation cannot discriminate against anyone on the basis of disability. __Title IV__ • Requires telephone and television companies to accomodate for people with hearing or speech disabilities.

"Supreme Court Decisions Interpreting the Americans with Disabilities Act." //National Council on Disability//. National Council on Disability, 22 Sept. 2002. Web. 28 Jan. 2010. <[|__//http://www.ncd.gov/newsroom/publications/2002/supremecourt_ada.htm//__]>.
 * ADA Court Cases**

Here is a court case that is relevant to employment:

//Equal Employment Opportunity Commission v. Waffle House, Inc., 122 S. Ct. 254 (2002).//

//In this case, Eric Baker started work at Waffle House in 1994, signing a contract that said that any concern or problem regarding his employment would be settled by an arbitration. Sixteen days later, Baker had a seizure at work and was fired immediately by Waffle House. He then filed a discrimination charge with the EEOC, which in turn filed a lawsuit against Waffle House. The EEOC won the suit 6-3, as an arbitration agreement does not prevent the EEOC from administering justice against discrimination. In other words, the Supreme Court ruled that under Title I of the ADA, an employee cannot fire an employee solely due to the “disability” that becomes evident when he or she has a seizure at the workplace.

[Nathan Beauchamp]//

//IDEA (The Individual with Disabilities Education Act)//. National Resource Center on ADIHD, n.d. Web. 5 Feb. 2010. .

The IDEA was first put into effect in 1990. The law’s purpose is to protect the education of children aged 3-21 who have a disability. Education cannot be denied because they have a disability. Furthermore, the IDEA requires that school districts provide special programs that students with disabilities may use, if they cannot take the same classes as able-bodied students. IDEA applies not only to students with physical disabilities, but also to students with developmental disabilities like ADHD or Down’s Syndrome.

[Colin Althaus]

"Fair Housing--It's Your Right." //Homes & Communities//. N.p., 15 Oct. 2009. Web. 5 Feb. 2010. .

The Fair Housing Act stated that a landlord’s refusal to sell could not be based on race, color, physical disability, etc. The Fair Housing Act was put into effect in 1968 and continues to remain in effect. There have been many additions to the law, but its purpose remains the same: to protect people from historically disadvantaged groups from facing discrimination in access to housing.

[Colin Althaus]

Americans with Disabilities Act (ADA) Source: Job Accommodation Network. "The Americans with Disabilities Act: A Brief Overview." //Job Accommodation Network//. Job Accommodation Network, 15 Jan. 1997. Web. 16 Feb. 2010. . The Americans with Disabilities Act was passed on July 26 1990. It was created for several purposes. One of the main reasons why this law, known as the ADA, was passed was to give people with disabilities equal opportunities for employment, and provide them with the proper facilities in the workplace. This only applies to employers of 15 or more employees. What this means is that things such as workstations, equipment, bathrooms, and the building itself must be accessible to people with disabilities. It also requires that public transportation be accessible and may not be denied to people with disabilities. Also, ‘public accommodations’ such as hotels, restaurants, stores, etc. must be accessible to people with disabilities.

Architectural Barriers Act (ABA) Source: The United States Access Board. "The Architectural Barriers Act (ABA) of 1968." //The// //United States// //Access Board//. The United States Access Board, n.d. Web. 16 Feb. 2010. .

The Architectural Barriers Act (ABA) was passed into law in 1968. The ABA stipulates that all public buildings that are //not// privately owned residences, not leased by the government for government programs, or not building on a military instillation not intended to be used by disabled people (i.e. barracks), must be made accessible to people with disabilities. Also, any building financed by a government grant or loan or leased by the government by Aug. 12, 1968 must be accessible to people with disabilities. The United States Access Board, which was created by a subsequent disability law in 1973, the Rehabilitation Act, is responsible for enforcing this law.

These two laws apply to Jenna Lungaro on a daily basis because she is a Live-In PA at Beckwith Hall, a dorm for disabled students at the University of Illinois at Urbana-Champaign. For example, she experiences their struggles when students have classes in a building that is not accessible to disabled students. Another example is how that by the ABA, disabled students lives can be made much easier, just because of things like ramps and elevators. She does not have as many encounters with the ADA, because she does not help disabled students with employment, but it’s still very important.

[Sam LeRoy]

 Sources: Americans with Disabilities Act (ADA) "A Guide for People with Disabilities Seeking Employment." // ADA Home Page - ada.gov - Information and Technical Assistance on the Americans with Disabilities Act //. Web. 22 Feb. 2010. .

"Section 902 Definition of the Term Disability." // US EEOC Home Page //. Web. 22 Feb. 2010. .

"The ADA: Your Employment Rights as an Individual with a Disability." // The 'Lectric Law Library's Entrance, Welcome & Tour - legal resources and definitions //. Web. 23 Feb. 2010. <http://www.lectlaw.com/files/emp01.htm>.

The Americans with Disabilities Act was passed in 1990. The ADA was meant to give special rights to people with disabilities. One of the major components of the Act was to prevent job discrimination against people with disabilities by employers including private employers who do not receive government funding. However, this only applied to employers when they had 15 or more employees. The ADA defines a disability as having “ a physical or mental impairment that substantially limits a major life activity” ( Section 902 Definition of the Term Disability). If the person’s disability does not limit “a major life activity,” then the person is not covered by the ADA, and if he or she is discriminated against, the ADA does not protect the person. One important point is that the ADA forbids an employer to ask questions that will reveal whether the employer has a disability or not. However, an employer can ask the any potential employee to demonstrate how he or she would complete a task. If a person with a disability is hired, the employer //must// make accommodations for that employee if they are needed. Some of these accommodations can be ( A Guide for People with Disabilities Seeking Employment ). But, the employer can decide not to make huge changes to accommodate a disabled person if it is too expensive, and instead find cheaper, easier options such as moving the workspace to a different floor. In addition, the employers are not allowed to fire or to //not// hire or fire somebody on the basis of their disability. However, they //can// not hire a person with a disability because they are unable to perform a task that is needed to do the job. The ADA considers HIV/AIDS to be a disability. But in many cases, this does not affect their ability to get a job because people with this disease do not (like any other person with a disability) do not need to disclose whether they are disabled/have an illness or not.
 * Sign language interpreters for people who are deaf or readers for people who are blind;
 * Providing a quieter workspace or making other changes to reduce noisy distractions for someone with a mental disability
 * Time off for someone who needs treatment for a disability.

[Kedar Vaidya}

Americans with Disabilities Act (ADA)

//ADA Accessibility Guidelines for Buildings and Facilities (ADAAG)//. The U.S. Access Board, n.d. Web. 14 Feb. 2010. <http://www.access-board.gov/adaag/html/ adaag.htm#4.1>.

Here are some requirements that the ADA sets on all recently developed or built buildings or facilities and existing public buildings or facilities.
 * All halls, walkways, corridors and other routes must be a minimum of 36 inches wide.


 * Doors must have at least 32 inches of a clear opening.


 * “Operating mechanisms” such as public telephones need to be accessible with one hand and if it is only accessible by a forward reach, the maximum forward reach permitted is 48 inches. If it is accessible by a side reach, the maximum side reach permitted is 54 inches.


 * Any area on a route that has a slope steeper than 1:20 is considered a ramp. All ramps must have a slope less steep than 1:12. All ramps have to have a minimum width of 36 inches. If a ramp has a vertical rise that is more than 6 inches and a length larger than 72 inches, handrails are required on both sides.

"Job Accommodation Network: ADA Glossary of Terms." //Job Accommodation Network.// ODEP, n.d. Web. 15 Feb. 2010. <http://www.jan.wvu.edu/links/adaglossary.htm>.

The U.S. Department of Transportation is a federal agency that makes sure all private and public modes of transportation like public busses and privately owned busses, are free of discrimination against people with disabilities. The ADA covers most modes of transportation other than air travel; the Air Carrier Access Act covers this.

[Roberto Chapa]

"Facts About the Americans with Disabilities Act." US EEOC. U.S. Equal Employment Opportunity Commission, 9 Sept. 2008. Web. 7 Feb. 2010. <http://www.eeoc.gov/facts/fs-ada.html>.

An employer of 15 plus employers cannot refuse a job to a person with a disability if they can perform the necessary requirements that go with that job with or without “reasonable accommodations.” “Reasonable accommodations” could be things like making the facilities used by other employees accessible to disabled employees, schedule changing, or possibly buying new or remodeling old machinery to be accessible to disabled employees. Also there may need to be specific accommodations made to fit the specific disability. For example, signs may need to be put in Braille, an employee with a condition such as diabetes should be able to make a schedule that would allow him to eat properly at the right time, or someone with cancer may need to leave for treatment. [George Gunter]

Independent US Federal Agency. "The Architectural Barriers Act." //Access-Board//. N.p., n.d. Web. 20 Feb. 2010. <http://www.access-board.gov/about/laws/aba.htm>.

The Architectural Barriers Act (or ABA for short) is an Act of Congress that was enacted on August 12, 1968 by President Lyndon B. Johnson. The ABA states that all buildings and facilities that are designed, built, altered, or leased by US Government funds have to be open and accessible to the public. Facilities that were constructed before the passing of the law do not apply but alterations and/or leases can change that. This law was meant to make sure that government funded buildings were open to people with disabilities. This makes it one of the first to do so. [Taharka Baraka]

"ADA Overview." //ADA National Network//. Web <http://www.adata.org/adaportal/general/ada_overview.html#title1>. "Americans With Disabilities Act Accessibility Requirements." //United States Access Board//. Web. <http://www.access-board.gov/publications/adafactsheet/a13.html>.

The Americans with Disabilities Act (ADA) of 1990 was created with five titles. Separate sections were dedicated to employment, public services, public accommodations, telecommunications, and miscellaneous provisions. Here is a brief synopsis of things covered in each of the titles.

Title I prohibits the discrimination of disabled people in the workplace. Employers, with 15 or more employees, must not take a disability of a prospective employee into account, unless the job requires something a disabled person may not be able to provide. (for example, someone with serious cerebral palsy may not be considered for a job that requires legible handwriting). These employers MUST make accommodations to fit the needs of disabled employees, unless to do so creates undue hardship on the employer. Pre-employment eligibility tests that screen out disabled people are also forbidden, unless the job requires something a disabled person physically cannot provide.

Title II highlights state and local governments, and other public services. It requires government and agency programs to make appropriate accommodations so that they can offer services to all individuals. Aides must be provided to ensure equality in communications, unless to do so creates undue hardship on the employer.

Title III discusses public accommodations and privately-owned entities. No eligibility requirements may be made to exclude or screen out disabled people—unless the requirements are necessary to the completion of the job. As long as modifications would not alter the services being offered, they must be made to accommodate disabled people. Physical accommodations also must be made (such as ramps instead of stairs) if they are not too taxing. Unfortunately, though the law does not clarify what “too taxing” is, businesses are still expected to follow it. The judging of the definition of this term is left up to certain scenarios. Title III also touches on requirements for transportation being provided by public accommodations. Title IV is about requirements for telecommunications. It requires telephone companies to provide relay services for hearing impaired users (accessed by dialing 7-1-1). All TV public service announcements funded all or in part by the government must include closed captioning for hearing impaired viewers.

Title V deals with the relationship of the ADA to other laws, for example, the Rehabilitation Act of 1973. Both laws cover employment issues in the disabled community. [Anna Kanfer]

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