overview of federal disability rights statutes combined

7/25/2019 Overview of Federal Disability Rights Statutes Combined

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Introduction to

Federal Disability Rights Law

Berkeley Law

Monday, January 25, 2016


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Agenda

(Re)introductions and discuss conference andclass, thoughts on paper topics

6:25 to 6:55 (30 min.)

Whirlwind review federal disability rights statutesand evolving definition of disability

6:55 to 7:15 (20 min.)

Break, 7:15 to 7:25 (10 min.)

7:25 to 7:45 (20 min.)

Activity

7:45 to 8:15 (30 min.)


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History of Federal

Disability Rights Law

And the Evolving

Definition of Disability


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Americans with Disabilities Act

Title I Employment

Citation: 42 U.S.C. 12111, et seq.

Regulations (EEOC): 29 C.F.R. 1630.1, et seq.

Coverage:

private and public employers with 15 or moreemployees

excluding the federal government and Indian

tribes California analog: FEHA, Cal. Gov. Code

12101 et seq.


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Successful Section 504 Sit-Ins(Also watch the movie on YouTube!)


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1977 HEW Regulations

Core Concepts of Discrimination

Direct discrimination, anddiscriminationthrough contractual or other arrangements

Intentional discrimination anddiscrimination

caused by criteria or methods ofadministration that have the effect ofdiscrimination

Equal opportunity Reasonable accommodation (employment)

Citation: 45 C.F.R. 84.1 to 84.99


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1977 HEW Regulations

Concepts of Discrimination (cont.)

Program access: A recipient shall operate itsprogram or activity so that when each part isviewed in its entirety, it is readily accessible tohandicapped persons.

New construction: must be readily accessible toand usable by handicapped persons

Self-evaluation

Grievance procedures, notice

Citation: 45 C.F.R. 84.1 to 84.99


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Title I Employment (cont.)

Protections: No discrimination in employment for qualified

individuals with disabilities (able to perform essentialfunctions with or without reasonable

accommodation) Reasonable accommodation to applicants and

employees with disabilities, unless undue hardship

No policies or criteria that screen out unless job-related and consistent with business necessity.

No employment discrimination based on associationwith person with disability

Limitations on medical inquiries and examinations


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Title I Employment (cont.)

Procedures and remedies: Private right of action after timely exhaustion of

administrative process with EEOC or analogous stateagency

Back pay, front pay, compensatory damages, punitivedamages, attorneys fees and costs

Compensatory damages subject to caps

State employers immune from private suits fordamages State officials can be sued for injunctive relief (e.g.

reinstatement) and attorneys fees

EEOC can sue


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Title II State and Local Government


Regulations (DOJ): 28 C.F.R. 35.101, et seq.

Coverage: All state and local government entities

California analog: Cal. Gov. Code 11135


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Title II State & Local Govt (cont.)

Protections:

No discrimination in services, programs, and activities

of public entity

Reasonable modifications to policies unlessfundamental alteration

No eligibility criteria that screen out unless necessary

Services must be provided in the most integrated

setting appropriate

Communication must be accessible, with auxiliary aids

and services as needed


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Protections (cont.):

Existing facilities must meet program accessstandard

New facilities and newly renovated facilities mustmeet access standards (ADAAG)

Public transportation must meet statutorystandards

Each public entity was required to have completeda self-evaluation plan, and to have completed andimplemented a transition plan, by July 26, 1995


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Procedures and remedies:

Can file administrative complaint with DOJ

Can bring private right of action

Compensatory damages, injunctive relief, attorneysfees and costs Compensatory damages may require demonstration of

intentional discrimination

Punitive damages not available

State entities may be immune from private suits fordamages depending upon facts DOJ can sue


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Title III Public Accommodations


Regulations (DOJ): 28 C.F.R. 36.101 et seq.

Coverage: All private entities that:

Affect interstate commerce

Fit into one of 12 statutory categories, and

Serve the public

California analogs: Unruh Civil Rights Act, Cal. Civ. Code 51, et seq.

Disabled Persons Act, Cal. Civ. Code 54, et seq.


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Title III Public Accommns (Cont.)

Protections: Reasonable modifications of policies unless

fundamental alteration

No eligibility criteria that screen out unless necessary

Services must be provided in the most integratedsetting appropriate

Communication must be accessible, with auxiliary aidsand services as necessary, unless undue burden

New facilities and newly renovated facilities mustmeet access standards (ADAAG)

Existing facilities must make readily achievableaccess improvements.


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Title III Public Accommns (Cont.)

Procedures and remedies:

Can file administrative complaint with DOJ

Can bring private right of action for injunctive

relief and attorneys fees

No damages available


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Title V, Interference and Retaliation

Citation: 42 U.S.C. 12203 Retaliation no discrimination because individual

has opposed act or practice made unlawful underADA or individual made a charge, testified,

assisted, participated in investigation, proceeding Interference unlawful to interfere with

individual in the exercise or enjoyment of rightsunder ADA

Note: retaliation against individuals forrequesting reasonable accommodation is barredby cases construing 42 U.S.C. 12203.


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Addi i l F d l L


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Additional Federal Laws

on Disability

Section 504

Section 501

Section 503 IDEA

Section 508

Fair Housing Act

Amendments

Architectural Barriers

Act

Air Carriers Access Act

Help America Vote Act

S ti 504


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Section 504

Rehabilitation Act of 1973 Citation: 29 C.F.R. 794(a) Regulations:

Section 504 regulations are promulgated by each federalagency determine agency and then find regs

Original Section 504 regulations that went into effect afterthe 1977 protests are at 45 C.F.R. 84.1, et seq.

Coverage: Any program or activity receiving federal funding

Any program or activity conducted by any executive

agency US Postal Service


S ti 501


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Section 501

Rehabilitation Act of 1973

Citation: 29 U.S.C. 791

Regulations: 29 C.F.R. 1614.203

Coverage: Federal agencies and departments

U.S. Post Office

California analog: None (federal employment)

S ti 503


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Section 503

Rehabilitation Act of 1973

Citation: 29 U.S.C. 793

Regulations: 41 C.F.R. 60-741, et seq.

Coverage:

Employers with contracts > $10,000 with the

federal government.


I di id l ith Di biliti


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Individuals with Disabilities

Education Act


Precursor: Education for All Handicapped

Childrens Act

Individualized FAPE (Free Appropriate PublicEducation), Individualized Education Plan (IEP)

Least restrictive environment

Identification and evaluation of children withdisabilities

Additi l F d l


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Additional Federal

Disability Laws (cont.)

Section 508 of the Rehabilitation Act, 29 U.S.C. 794d Federal agencies must make electronic and information

technology accessible


Fair Housing Amendments Act of 1988, 42 U.S.C. 3601, et seq.

Nondiscrimination

Reasonable modifications at tenant expense

Reasonable modifications of policies and procedures

New construction: specified portions accessible

California analog: FEHA, Cal. Gov. Code 12101, et seq.

Additi l F d l


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Additional Federal

Disability Laws (cont.)

Architectural Barriers Act of 1968, 42 U.S.C. 4151, et seq. New facilities built with federal funds must be

accessible

Air Carriers Access Act, 49 U.S.C. 41705 Nondiscrimination in provision of air transportation

No private right of action

Help America Vote Act, 42 U.S.C. 15301 Accessible voting machines Secret and independent ballot for voters with

disabilities

overview of federal disability rights statutes combined

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