Understanding Your Rights As A Disabled Person

I. What is the Americans with Disabilities Act (ADA)?

According to the Centers for Disease Control and Prevention (CDC), more than 1 in 4 adults (28.7%) in the U.S. have some type of disability. The Americans with Disabilities Act (ADA)  bars  disability-based discrimination and ensures that individuals with disabilities have the same rights and opportunities as everyone else. It guarantees equal access to employment, public services, and accommodations and applies nationwide.

A. What Qualifies as a Disability Under the ADA?

The ADA defines a “disability” as a physical or mental impairment that substantially limits one or more major life activities. These activities include but are not limited to walking, learning, working, eating, breathing, and performing manual tasks. The ADA’s definition is intentionally broad to cover a wide range of conditions and ensures maximum protection for individuals with disabilities. A condition qualifies under the ADA if it (1) substantially limits a major life activity, (2) has a documented history, or (3) is perceived as an impairment.

B. Key Sections of the ADA

The ADA has 4 key sections each designed to protect accessibility in different areas of life. Here’s what they cover:

• Title I: Employment – Ensures equal job opportunities for individuals with disabilities. Employers with 15 or more employees must provide reasonable accommodations so employees can perform essential job duties.
• Title II: State & Local Government – Requires state and local governments to make their services, programs, and public transportation accessible to all.
• Title III: Public Accommodations – Prohibits discrimination by private businesses like restaurants, hotels, and theaters. Businesses must remove barriers when possible and ensure effective communication for individuals with disabilities.
• Title IV: Telecommunications – Requires telephone and internet companies to provide relay services for individuals with hearing or speech disabilities and mandates closed captioning for federally funded public service announcements.

II. Service Animals and Your Rights

Service animals play a critical role in supporting individuals with disabilities by performing tasks that help them navigate daily life. Under the ADA, service animals are dogs that are individually trained to do work or perform tasks for people with disabilities. This work must be directly related to the person’s disability. Examples include guiding individuals who are blind, alerting someone who is deaf, pulling a wheelchair, assisting a person with an anxiety disorder during a panic attack, or alerting a person with epilepsy to an oncoming seizure. Miniature horses can qualify as service animals, and businesses must allow them when reasonable.

Generally, businesses, nonprofits, and public entities must allow service animals in public areas like restaurants, hospital rooms, and schools. However, exceptions apply in sterile environments like operating rooms or burn units where health and safety could be compromised. Under the ADA and Rehabilitation Act, denying access to a service animal is discriminatory unless it poses a direct threat, is out of control without corrective action, or is not housebroken. In such cases, businesses may ask for its removal.

Despite the critical role and invaluable aid that service animals provide to individuals with disabilities, misconceptions about them continue to fuel confusion, stigma, and, at times, unnecessary confrontation. To promote better understanding and inclusivity, it’s important to address and dispel some of the most common misconceptions surrounding service animals:

• Businesses cannot ask any questions about a service animal.

FALSE. When a person’s need for a service animal is not obvious, businesses may ask two specific questions:

1. “Is the animal required because of a disability?”
2. “What work or task has the animal been trained to perform?”

They cannot, however, ask about the person’s specific disability or demand proof of the animal’s training or certification.

• A service animal must be registered, certified or complete an official training program to be “real.”

FALSE. The ADA does not require service animals to be certified, registered, or attend specific training programs. While many service animals receive formal training, individuals can also train them independently, which is crucial since professional programs can be costly. Online registries and certificates, while common, also have no legal standing. Some local governments may offer voluntary registration programs with benefits like reduced licensing fees, but these are optional and cannot be required by law.

• Only certain dog breeds can be service animals.

FALSE. Dogs of any breed and size can be a service animal, so long as it is trained to perform tasks related to the persons disability. Even in areas with breed-specific bans, service animals are exempt from such restrictions. Decisions to exclude a service animal must be determined, on a case-by-case basis, and be based on the animal’s behavior, not on fears or generalizations about a particular breeds behavior.

• Service animals never bark.

FALSE. While service animals are typically well-trained and calm, some are trained to bark in specific situations. For example, a service dog may bark to alert its handler to low blood sugar or to warn them of an oncoming seizure.

By understanding what service animals do, how they are protected under the law, and dispelling common misconceptions, businesses, consumers, and the public at large can contribute to a more inclusive, accessible environment for individuals with disabilities.

III. Reasonable Accommodations: What They Are and How to Request Them

Under the Americans with Disabilities Act (ADA), reasonable accommodations are modifications or adjustments to a job, work environment, or public setting that enable individuals with disabilities to perform essential functions, access services, or enjoy the same benefits and privileges as those without disabilities. These accommodations aim to remove barriers and foster inclusivity, so long as they are effective, reasonable, and do not impose undue hardship on employers, businesses, or institutions.

Under the ADA, reasonable accommodations can take many forms, depending on the setting. They might involve:

A. Workplace Accommodations

The Americans with Disabilities Act mandates that employers provide reasonable accommodations to qualified employees with disabilities, enabling them to perform the essential functions of their jobs. These accommodations might include modifications to the work environment, job duties, or schedule to allow the employee to work effectively without being disadvantaged by their disability. However, the accommodations must not impose an undue hardship on the employer’s operations.

1. Examples of Reasonable Accommodations in the Workplace Include:

• Job restructuring, part-time or modified work schedules.
• Reassignment to a vacant position.
• Modifications of equipment or devices.
• Changes in examination, training materials, or policies.
• Providing readers and interpreters
• Making the workplace readily accessible to and usable by people with disabilities.

2. Understanding the Process of Requesting an Accommodation:

a. Informing the Employer: The employee must notify the employer of their need for accommodation due to a medical condition or disability. Specific language or mentioning the ADA is not required, but the request must clearly indicate the need for accommodation.

b. Engaging in the Interactive Process: After notification, the ADA requires an interactive process where the employer and employee collaborate to find a suitable accommodation through good-faith communication.

c. Undue Hardship: Employers are not required to provide accommodations that cause undue hardship. Factors like cost, company size, and operational impact are considered when determining undue hardship.

d. Effective Accommodations: Accommodations must be effective in helping the employee perform essential job functions. Employers can choose from multiple accommodations, selecting the least costly or most efficient option.

B. Public Accommodations and Reasonable Modifications

Under the ADA, public accommodations such as restaurants, hotels, theaters, hospitals, and other businesses open to the public must ensure that individuals with disabilities are not excluded, denied services, segregated, or treated differently due to the absence of auxiliary aids, services, or reasonable modifications to their policies. Public accommodations must take these steps unless providing such modifications would fundamentally alter the nature of the goods, services, or operations or result in an undue burden.

1. Examples of Reasonable Modifications in Public Accommodations:

• Allowing an individual to bring in outside food if they have a dietary restriction due to a disability.
• Providing an ASL interpreter for public events or meetings.
• Modifying business policies (such as a “no pets” rule) to accommodate service animals.

Ultimately, reasonable accommodations are about leveling the playing field, ensuring individuals with disabilities can fully participate and enjoy the same opportunities and experiences as everyone else.

IV. Understanding Disability Challenges

One of the key aspects of the ADA is its role in combating stigma and unfair treatment. Even though the Americans with Disabilities Act (ADA) was signed into law 34 years ago, people with disabilities are still navigating misconceptions, barriers, and stigma in everyday life. Individuals who use wheelchairs, crutches, or other mobility aids often encounter physical barriers, such as buildings without ramps, sidewalks with uneven surfaces, or inaccessible restrooms. For those with invisible disabilities, the stigma can be particularly isolating, as others often question the validity of their condition or fail to recognize its impact. For example, someone with Epilepsy might not appear “sick,” but that doesn’t lessen the reality of their struggles.

This underscores a broader truth: disabilities exist on a spectrum, with each person’s experience being unique. Whether visible or invisible, the challenges that people with disabilities face can be significant, and the ADA provides much need and crucial protections. By requiring accommodations like ramps, braille, interpreters, and alternative communication formats, it breaks down barriers in workplaces, public spaces, and schools. It also ensures employers and businesses recognize and support disabilities, even when they aren’t immediately apparent.

At its core, the ADA is about building a more inclusive and supportive society, recognizing the unique challenges of every disability and ensuring that everyone has access to the accommodations they need to thrive.

V. Advocating for Your Rights and What to Do If You Face Resistance

Navigating the challenges of living with a disability requires understanding your rights and knowing how to advocate for yourself effectively. The Americans with Disabilities Act provides strong protections and resources for individuals with disabilities. The following steps and legal resources can help guide you in effective self-advocacy and ensure that your voice is heard.

A. Advocating for Yourself

• Educate Yourself: Understand your condition and the accommodations you’re entitled to under the ADA. The more informed you are, the better you can articulate your needs and assert your rights.
• Be Clear and Direct: When requesting accommodations, communicate your needs in a straightforward manner. Since invisible disabilities may not be immediately recognized, clearly explaining how accommodations impact your daily life can help others understand their importance.

• Practice Self-Advocacy: Be proactive in asserting your rights. This may include explaining your condition, requesting reasonable accommodations, and staying patient when others don’t immediately understand. Keeping documentation-such as medical records-can help support your requests.

B. Legal Avenues for Advocacy

If you experience resistance or discrimination when seeking accommodations, you have legal options:

• Filing a Complaint with the EEOC: For workplace-related issues, you can file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC investigates claims and may attempt to resolve the issue or, if necessary, file a lawsuit or issue a “right to sue” letter.
• Private Lawsuits: Under Title III of the ADA, if you’re denied accommodations at a public place, you have the right to file a private lawsuit.

By understanding your rights and the legal avenues available to you, you can more effectively advocate for yourself, seek support when needed, and help to create a more inclusive environment for all.

Briana Louro is a second-year law student at New York Law School, with a strong passion for International and Domestic Corporate Law. She is a member of the Legal Association for Women and is also an advocate for raising awareness of bullying and autism.