Civil Rights fro Disabled People
The Americans with Disabilities Act (ADA) provides complete civil rights protection to people suffering from disabilities in the areas of public accommodations, employment, local and state governments, telecommunications and transportation.
The ADA protects eligible individuals with disabilities including those suffering from mental disabilities. An individual suffering from any type of disability is a person who has a mental or physical impairment that to a large extent limits most of life activities, has a history of such impairment or is regarded as having such disability. Major life activities are those functions that include performing manual tasks, seeing, speaking, learning, caring for one’s self, walking, and hearing, breathing and working. According to the ADA criteria, an individual with disability is a person who fulfills the essential eligibility necessities for receipts of participation or services in activities and programs.
Mental or physical impairments include but are not limited to: hearing, visual and speech impairments, specific learning, mental retardation and emotional illness disabilities; muscular dystrophy; cerebral palsy, multiple sclerosis, epilepsy, heart disease, cancer, orthopedic conditions, diabetes, and non contagious and contagious diseases like HIV and tuberculosis (whether asymptomatic or symptomatic).
The ADA prohibits:
- In Title I discrimination in employment
- In Title II discrimination in the provision of local and state government services, benefits and programs
- In Title III discrimination by insurance providers, private businesses and other entities operating in the areas of “public accommodation”
The ADA is designed to combine people with different disabilities into the main stream American life. It protects:
- People having history of disability
- People who are considered to have a disability by others
- People who are not disabled but faces discrimination on the basis of their relationship or association with a disabled person – for example – parents of disabled children
- People who currently have a disability
The Office for Civil Rights (OCR) under the Department of Health and Human Services (DHHS) has enforced responsibility of the ADA for local and state human service and health care agencies.
Congress amended the Federal Housing Act in the year 1988, to add protections for families with disabled children and persons with disabilities. Following this, there has been a great deal of litigation regarding the effect of the Act on local government’s ability to control the living arrangements of group, specifically for individuals with disabilities. The Department of Justice took an active part in this litigation following a referral of matter by the Department of Housing and Urban Development (HUD).
The Fair Housing Act prohibits a wide range of discrimination practices against the individuals in the basis of disability, national origin, color, familial status, religion, race and sex. However, this Act applies to local government and municipalities and prohibits them from making land or zoning use or implementing land use policies excluding or discriminating against protected individuals including persons with disabilities.
Under the Fair Housing Act it is unlawful:
- To utilize actions or land use policies treating group of individuals with impairments less favorably than the groups of non- disabled individuals
- To deny a permit or action against for a house because of the disability associates with the individuals who live or would reside there
- Refusing to make reasonable accommodations in zoning policies and land use and procedures where these accommodations may be essential to afford groups or persons with impairments or disabilities an equal opportunity to enjoy and use housing.
Precisely, what comprises a reasonable accommodation is established on case by case basis. It is not necessary that government considers all modifications of policies or rules reasonable. If a requested modification leads to a fundamental alteration in a zoning scheme and land use then it is not considered as a “reasonable” accommodation or if a modification enforces an undue administrative or financial burden on a local government.
Under Title II of the ADA
Title II of the ADA forbids discrimination against eligible individuals with disabilities on the basis of disability in all activities, services of public bodies and all programs. Public entities or bodies include local and state governments and their agencies and department. This title II applies to all programs, activities and services of a public entity.
Under Title III of the ADA
Title III of the ADA forbids discrimination because of the disability by private entities or bodies operating in the areas of public accommodation. Businesses governed by Title III comprises of restaurants, hotels, privately owned sports arenas, private day care centers, colleges, doctors and lawyers offices, banks, supermarkets, shopping centers, movie theatres, colleges and schools health clubs and museums and insurance or accountant offices. Currently, most of the Title III law focuses on physical rather mental disabilities. However, there are few cases that are relevant to the issues of mental disability.