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Terms in this set (37)
Civil Rights Act 1964
- Made discrimination based on race, religion, sex, and national origin illegal
- Outlawed racial segregation in all areas (primarily for schools, housing, and employment)
- Barred unequal rights to register to vote
- Created the Equal Employment Opportunity Commission (EEOC)
- Outlawed racial segregation in all areas (primarily for schools, housing, and employment)
- Barred unequal rights to register to vote
- Created the Equal Employment Opportunity Commission (EEOC)
Fair Housing and Architectural Barriers Act 1968, 1988
- AKA the Fair Housing Act (Title VIII)
- Prohibited discrimination for the sale, rental or financing of housing based on race, color, sex, religion or national origin.
- Amended in 1988 to prohibit discrimination based on disability or familial status & established new enforcement mechanisms with HUD attorneys
- Prohibited discrimination for the sale, rental or financing of housing based on race, color, sex, religion or national origin.
- Amended in 1988 to prohibit discrimination based on disability or familial status & established new enforcement mechanisms with HUD attorneys
Section 504 Rehabilitation Act 1973
- Non-discrimination
- Reasonable Accommodations
- National law that protects qualified individuals from being discriminated on based on disability
- Created to prohibit discrimination for those offices/organizations that receive federal funding
- Foundation for vocational rehab
- Reasonable Accommodations
- National law that protects qualified individuals from being discriminated on based on disability
- Created to prohibit discrimination for those offices/organizations that receive federal funding
- Foundation for vocational rehab
Education of Handicaped Act 1975
- Addressed educational needs of children with disabilities from ages 5-21
- Needed IEP and LRE for students with FAPE
- After amended in 1990, now known as: IDEA —Individuals with Disabilities Education Act
- In order for states to receive federal funds: they must comply with IDEA to assure free appropriate public education (FAPE)
1997 Amendment included Assistive Technology for LRE
- Needed IEP and LRE for students with FAPE
- After amended in 1990, now known as: IDEA —Individuals with Disabilities Education Act
- In order for states to receive federal funds: they must comply with IDEA to assure free appropriate public education (FAPE)
1997 Amendment included Assistive Technology for LRE
Americans with Disabilities Act (ADA)
- Signed into law on July 26, 1990; amended in 2008
- Wide-ranging civil rights law that prohibits, under certain circumstances, discrimination based on disability.
- Affords similar protections against discrimination as the Civil Rights Act of 1964
- Covers all areas of public life, including employment, schools, transportation, public and private facilities that are open to the general public
- discrimination based on race, religion, sex, national origin, and other characteristics illegal.
- Wide-ranging civil rights law that prohibits, under certain circumstances, discrimination based on disability.
- Affords similar protections against discrimination as the Civil Rights Act of 1964
- Covers all areas of public life, including employment, schools, transportation, public and private facilities that are open to the general public
- discrimination based on race, religion, sex, national origin, and other characteristics illegal.
Disability
- A physical or mental impairment that substantially limits one or more major life activities
- a record of such an impairment
- being regarded as having such an impairment.
- To be protected by ADA laws, must have a 'Disability'
- a record of such an impairment
- being regarded as having such an impairment.
- To be protected by ADA laws, must have a 'Disability'
5 Titles / Areas of Public Life
- Title I—Employment
- Title II—Public Services: State & Local Government
- Title III—Public Accommodations & Services Operated by Private Entities
- Title IV—Telecommunications
- Title V—Miscellaneous Provisions
- Title II—Public Services: State & Local Government
- Title III—Public Accommodations & Services Operated by Private Entities
- Title IV—Telecommunications
- Title V—Miscellaneous Provisions
Title I - Employment
- Employers may not discriminate against an employee on the basis of disability in any part of the hiring or employment process; same opportunities and benefits available to individuals without disabilities
- Employers with 15 or more employees
- State, federal, private
- Equal opportunity employer
- Prohibits discrimination during recruitment, hiring, promotion, training, pay, fringe benefits or other privileges of employment
- Restricts questions that can be asked in the interview process
- Requires reasonable accommodations for qualified applicants or employees without causing "undue hardship"
- Employers with 15 or more employees
- State, federal, private
- Equal opportunity employer
- Prohibits discrimination during recruitment, hiring, promotion, training, pay, fringe benefits or other privileges of employment
- Restricts questions that can be asked in the interview process
- Requires reasonable accommodations for qualified applicants or employees without causing "undue hardship"
Medical Examinations under Title I (Employment)
- Pre-employment physical exam results private by law (employer not privy to results)
- However, must have ability to perform job duties
- Defines "direct threat", i.e. risk of substantial harm to health or safety of employees with/without a disability
- However, must have ability to perform job duties
- Defines "direct threat", i.e. risk of substantial harm to health or safety of employees with/without a disability
Drug and Alcohol abuse under Title I (Emplyoment)
- Tests for illegal drugs
- Same performance standards as other employees
- Same performance standards as other employees
Reasonable Accommodations
- Any change or adjustment to a job, the work environment, or the way things usually are done that would allow an individual to apply for a job, perform job functions, or enjoy equal access to benefits available to other individuals in the workplace. There are many types of things that may help people with disabilities work successfully
- Some of the most common types of accommodations include:
-- physical changes, such as installing a ramp or modifying a workspace or restroom
-- 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
-- training and other written materials in an accessible format, such as in Braille, on audio tape, or on computer disk
-- TTYs for use with telephones by people who are deaf
-- Hardware and software that make computers accessible to people with vision impairments or who have difficulty using their hands
-- Time off for someone who needs treatment for a disability
- Some of the most common types of accommodations include:
-- physical changes, such as installing a ramp or modifying a workspace or restroom
-- 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
-- training and other written materials in an accessible format, such as in Braille, on audio tape, or on computer disk
-- TTYs for use with telephones by people who are deaf
-- Hardware and software that make computers accessible to people with vision impairments or who have difficulty using their hands
-- Time off for someone who needs treatment for a disability
Title II - Public Services (State and Local govnt)
- Covers all state and local governments regardless of size or amount of federal funding.
- Title II gives persons with disabilities the right to equal opportunity to benefit from all the services that the governing body has available.
- Accessibility necessary and use of AT required (e.g., museums, courts, licensing agencies, public transportation, etc.)
- Public Transportation: must comply with requirements for accessibility including purchase new vehicles, obtain accessible buses, remanufacture buses in an accessible manner, or provide paratransit services.
- Those with hearing, speech, or vision disabilities: AT must be used to assist with their deficits.
- Title II gives persons with disabilities the right to equal opportunity to benefit from all the services that the governing body has available.
- Accessibility necessary and use of AT required (e.g., museums, courts, licensing agencies, public transportation, etc.)
- Public Transportation: must comply with requirements for accessibility including purchase new vehicles, obtain accessible buses, remanufacture buses in an accessible manner, or provide paratransit services.
- Those with hearing, speech, or vision disabilities: AT must be used to assist with their deficits.
Title III - Public Accommodations & Services Operated by private entities
- Prohibits places of public accommodation from discriminating against individuals with disabilities. Public accommodations include privately-owned, leased or operated facilities like hotels, restaurants, retail merchants, doctor's offices, golf courses, private schools, day care centers, health clubs, sports stadiums, movie theaters, and so on.
- Sets the minimum standards for accessibility for alterations and new construction of commercial facilities and privately owned public accommodations. It also requires public accommodations to remove barriers in existing buildings where it is easy to do so without much difficulty or expense.
- Directs businesses to make "reasonable modifications" to their usual ways of doing things when serving people with disabilities.
- Requires that businesses take steps necessary to communicate effectively with customers with vision, hearing, and speech disabilities
- Public accommodations must prohibit exclusion, segregation, or unequal treatment.
- Must remove barriers in existing buildings and must be ADA compliant with new construction
- AT used when necessary
- Courses or examinations must accommodate for disabilities as necessary.
- Sets the minimum standards for accessibility for alterations and new construction of commercial facilities and privately owned public accommodations. It also requires public accommodations to remove barriers in existing buildings where it is easy to do so without much difficulty or expense.
- Directs businesses to make "reasonable modifications" to their usual ways of doing things when serving people with disabilities.
- Requires that businesses take steps necessary to communicate effectively with customers with vision, hearing, and speech disabilities
- Public accommodations must prohibit exclusion, segregation, or unequal treatment.
- Must remove barriers in existing buildings and must be ADA compliant with new construction
- AT used when necessary
- Courses or examinations must accommodate for disabilities as necessary.
Title IV - Telecommunications
- Closed captioning for federally funded PSA's
- Requires telephone and Internet companies to provide a nationwide system of interstate and intrastate telecommunications relay services (TRS) 24/7 that allows individuals with hearing and speech disabilities to communicate over the telephone, using AT as necessary
- Requires telephone and Internet companies to provide a nationwide system of interstate and intrastate telecommunications relay services (TRS) 24/7 that allows individuals with hearing and speech disabilities to communicate over the telephone, using AT as necessary
Title V - Miscellaneous Provisions
- The final title contains a variety of provisions relating to the ADA as a whole, including its relationship to other laws, state immunity, its impact on insurance providers and benefits, prohibition against retaliation and coercion, illegal use of drugs, and attorney's fees.
- This title also provides a list of certain conditions that are not to be considered as disabilities.
- (a) Homosexuality and Bisexuality.—For purposes of the definition of "disability" in section 3(2), homosexuality and bisexuality are not impairments and as such are not disabilities under this Act.
- (b) Certain Conditions.'Under this Act, the term "disability" shall not include—
- (1) transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;
- (2) compulsive gambling, kleptomania, or pyromania; or
- (3) psychoactive substance use disorders resulting from current illegal use of drugs.
- This title also provides a list of certain conditions that are not to be considered as disabilities.
- (a) Homosexuality and Bisexuality.—For purposes of the definition of "disability" in section 3(2), homosexuality and bisexuality are not impairments and as such are not disabilities under this Act.
- (b) Certain Conditions.'Under this Act, the term "disability" shall not include—
- (1) transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;
- (2) compulsive gambling, kleptomania, or pyromania; or
- (3) psychoactive substance use disorders resulting from current illegal use of drugs.