Overview of Federal Disability Rights Statutes Combined
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Transcript of 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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Americans with Disabilities Act
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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Americans with Disabilities Act
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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Americans with Disabilities Act
Title II State and Local Government
Citation: 42 U.S.C. 12131, et seq.
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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Americans with Disabilities Act
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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Americans with Disabilities Act
Title II State & Local Govt (cont.)
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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Americans with Disabilities Act
Title II State & Local Govt (cont.)
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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Americans with Disabilities Act
Title III Public Accommodations
Citation: 42 U.S.C. 12181, et seq.
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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Americans with Disabilities Act
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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Americans with Disabilities Act
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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Americans with Disabilities Act
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
California analog: Cal. Gov. Code 11135
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.
California analog: Cal. Gov. Code 11135
I di id l ith Di biliti
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Individuals with Disabilities
Education Act
Citation: 20 U.S.C. 1400, et seq.
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
California analog: Cal. Gov. Code 11135
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