Major US Disability Laws
This is not an exhaustive list.
- Telecommunications Act of 1934 (amended 1996) 47 U.S.C. §§ 255, 251(a)(2)
- Section 255 and 251(a)(2): requires manufacturers and providers of telecommunications services to ensure accessibility of their products and services.
- Rehabilitation Act of 1973
- Section 501 requires affirmative action and nondiscrimination in employment by federal agencies in the executive branch. 29 U.S.C. § 791
- Section 503 required affirmative action and nondiscrimination in employment by government contractors and subcontractors. 29 U.S.C. § 793
- Section 504 (1973) prohibits any organization that receives federal funds from discriminating against otherwise qualified disabled individuals. 29 U.S.C. § 794
- Section 508 (1986) requires electronic and information technology (EIT) to be accessible. 29 U.S.C. § 794d
- Revamped in 1998 to require Federal agencies and other organizations that receive Federal funds to adhere to accessibility standards, as well as the means of enforcing the standards.
- Refreshed in 2017 to bring its technical specification into closer alignment with international standards such as WCAG.
- Individuals with Disabilities Education Act (IDEA) of 1975: Guarantees disabled children the right to a free, appropriate education in the least restrictive environment. 20 U.S.C. §§ 1400 et seq.
- Americans with Disabilities Act (ADA) of 1990: "prohibits discrimination and guarantees that people with disabilities have the same opportunities as everyone else to participate in the mainstream of American life--to enjoy employment opportunities, to purchase goods and services, and to participate in State and local government programs and services." 42 U.S.C. §§ 12101 et seq.
- Title I: prohibits employment discrimination against qualified individuals with disabilities.
- Title II: prohibits disability discrimination by all public entities (governmental organizations) at the local and state level, including transportation, public housing, housing assistance and housing referrals
- Title III: prohibits disability discrimination by all public accommodations and commercial facilities (private entities) with regards to the full and equal enjoyment of the goods, services, facilities, or accommodations, including inns, hotels, recreation, transportation, education, restaurants, care providers, and public displays. Additionally, all new construction must be fully ADA Accessibility Guidelines compliant.
- Title IV: amends the Communications Act of 1934 by requiring all telecommunications companies in the US take steps to ensure functional equivalent services for consumers with disabilities.
- Title V: contains miscellaneous provisions.
- ADA Amendments Act (ADAAA) of 2008: broadens the definition of disability and extends the ADA to groups that had originally not been adequately protected.
Federal
- ABA: Commission on Disability RightsFrom the American Bar Association's Commission on Mental and Physical Disability Law, this site provides referrals to lawyers that practice disability law, commission news, disability law publications and resources, in addition to the Mental and Physical Disability Law Reporter which covers legislation, Supreme Court decisions, and case law developments.
- Congressional Research Service (CRS) ReportsCongressional Research Service (CRS) reports provide Congress with both anticipatory and on-demand research and analysis to support their legislative, oversight, and representational duties. All reports adhere to the core values of CRS; they are authoritative, objective and nonpartisan. Reports range in length from several pages to more than one-hundred pages and cover the full breadth of topics of interest to Congress. This collection provides the public with access to recent research products produced by the CRS. CRS reports are timely, objective, and authoritative research and analysis for committees and Members of both the House and Senate, regardless of political party affiliation.
- Cornell Law School: Cornell Legal Information Institute: Disability LawThis site provides a comprehensive starting point for disability law. It contains overviews of the law and links to federal and state laws, regulations, and judicial decisions in disability legal issues.
- Department of Labor Disability ResourcesSeveral U.S. Department of Labor (DOL) agencies assist people with disabilities in seeking meaningful work and succeeding once on the job. DOL also advises employers on effective strategies for recruiting and retaining qualified people with disabilities, as well as educates federal agencies and federal contractors and sub-contractors about their obligations related to affirmative action and nondiscrimination in hiring.
- Disability Discrimination (Equal Employment Opportunity Commission)EEOC's main page for disability information. The EEOC is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.
- Disability laws from FEDLAWThis site is a good starting point for all Federal legal research. Choose "Federal Laws and Regulations by subject category" to look at specific employment and labor laws, regulations, and other documents. Also includes links for Federal judiciary, Legislative Branch, Arbitration and Mediation, General Research and reference. The site provides a large number of links to disability law and legislation as well as links to other disability issues and government programs.
- JAN: Americans with Disabilities Act LinksThis site, provided bythe Job Accommodation Network, contains links to the ADAlaw, technical assistance manuals, accessibility guidelines, and other ADA sites.
- National Institute on Disability, Independent Living and Rehabilitation ResearchThe National Institute on Disability, Independent Living and Rehabilitation Research provides leadership and support for a comprehensive program of research related to the rehabilitation of individuals with disabilities. All of our programmatic efforts are aimed at improving the lives of individuals with disabilities from birth through adulthood.
- Office of Disability Employment PolicyThe Office of Disability Employment Policy (ODEP) is the only non-regulatory federal agency that promotes policies and coordinates with employers and all levels of government to increase workplace success for people with disabilities.
- Labor & Employment Practice Center (Bloomberg Law)Formerly the Bloomberg BNA Labor & Employment Law Resource Center, the Bloomberg Law Labor & Employment Practice Center is a searchable database which provides access to various types of legal information about labor issues in the United States. Has sections called: Daily labor report, Disabilities law, Discrimination law, Individual employment rights, Labor arbitration & collective bargaining, Labor relations, Occupational safety, Wages, hours, and leave. Also includes: Affirmative action compliance manual for federal contractors, Affirmative action compliance newsletter, Americans with Disabilities Act manual, Americans with Disabilities Act manual. Newsletter, Collective bargaining negotiations and contracts, Collective bargaining bulletin, Construction labor report, Daily labor report, Employment discrimination report, Employment law practice tools, EEOC compliance manual, EEO compliance newsletter, Government employee relations report, International labor and employment laws (3rd ed.), Labor relations week, Workplace immigration report, Workplace law report, Verdicts and settlements.
- Practical Guidance: Disability Discrimination & Accommodation (Bloomberg Law)Provides overview documents on disability discrimination and accommodations, as well as checklists, forms, and other practical guidance on these issues.
- Library of Congress's A Beginner's guide to Disability LawThis research guide covers a variety of resources surrounding the Americans with Disabilities Act and other topics related to disability law, including information about relevant federal agencies, service animals, and veterans resources.
- Government Resources in ASL (from NAD)"In recent years, several departments of the U.S. Government have decided to ensure that important information reaches the deaf and hard of hearing community by creating videos and/or establishing a hotline in American Sign Language."
- OCR Search - Education DepartmentThe Office for Civil Rights (OCR) within the Department of Education is providing access to resolution documents reached on or after October 1, 2013. The resolution documents cover aspects of laws OCR enforces. You have access to all currently uploaded documents that meet OCR’s document upload criteria. Additional documents will be posted on a continual basis.
- List of EEOC Disability-Related Technical Assistance DocumentsEEOC's complete list of disability related guidance in chronological order
- Proquest CongressionalProvides users with access to a comprehensive collection of historic and current congressional information. Includes full text of congressional publications, finding aids, a bill tracking service, public laws and other research materials. The database is an effective source for general research in many academic disciplines, in addition to research related to specific legislative proposals and laws. Researchers can access information about Congress, including member biographical and committee assignment information, voting records, and financial data.
New York State
- Justice Center for the Protection of People with Special Needs"Protecting the health, safety, and dignity of all people with special needs." Includes reporting forms and advocacy/support systems.
- The New York State Commission for the BlindThe mission of the New York State Commission for the Blind is to enhance employability, to maximize independence and to assist in the development of the capacities and strengths of people who are legally blind.
- NYS Division of Human RightsNew York has the proud distinction of being the first state in the nation to enact a Human Rights Law, which affords every citizen “an equal opportunity to enjoy a full and productive life.” The New York State Division of Human Rights was created to enforce this important law. The mission of the agency is to ensure that " every individual . . . has an equal opportunity to participate fully in the economic, cultural and intellectual life of the State."
- Office for People with Developmental Disabilities"The New York State Office for People With Developmental Disabilities (OPWDD) is responsible for coordinating services for New Yorkers with developmental disabilities, including intellectual disabilities, cerebral palsy, Down syndrome, autism spectrum disorders, Prader-Willi syndrome and other neurological impairments. It provides services directly and through a network of approximately 500 nonprofit service providing agencies, with about 80 percent of services provided by the private nonprofits and 20 percent provided by state-run services."
- Office of Temporary and Disability Accommodations"OTDA’s functions include: Providing temporary cash assistance; providing assistance in paying for food; providing heating assistance; overseeing New York State’s child support enforcement program; determining certain aspects of eligibility for Social Security Disability benefits; supervising homeless housing and services programs; and providing assistance to certain immigrant populations."
- Tompkins County Office of Human RightsThe Tompkins County Office of Human Rights (TCOHR) is a County department which facilitates the filing of human rights complaints with the New York State Division of Human Rights (NYSDHR). Such complaints include allegations of discrimination in housing, employment, public accommodation, education and other areas covered by New York State Human Rights Law.
New York State Digital Accessibility Laws
In addition to federal laws, New York state:
- NYS-P08-005, "Accessibility of Information Communication Technology" [PDF] - Mandates Level AA WCAG 2.2
- Senate Bill S3114A - Requires "the most current" version of WCAG.
Taken from "Which US States Have Digital Accessibility Laws?"
Books on US Disability Policy
Americans with Disabilities Act Handbook, 6th edition by Call Number: Catherwood ILR labor law section KF3469 .P47 2020 Labor LawISBN: 9781543816471Publication Date: 2021-03-09The Americans with Disabilities Act Handbook provides comprehensive coverage of the ADA's employment, commercial facilities, and public accommodations provisions as well as coverage of the transportation, communication, and federal, local, and state government requirements. In this comprehensive two-volume set, you'll get a complete analysis of the Act and all the forms and case law you'll need to prepare your case. Recognized ADA authority Henry H. Perritt, Jr., clearly defines statutory and regulatory requirements for public and private employers, commercial facilities and places of public accommodation.
Disability, Civil Rights, and Public Policy (Pre-ADA) by Call Number: Olin Library HV1553 .P43 1989Publication Date: 1989-10-30Following on the heels of other civil rights movements, disability rights laws emerged in the late 1960s and early 1970s. Often these laws were more symbolic than precise in terms of objectives and strategies to guide the implementation of antidiscrimination policies. Policy refinement, the process of translating legislative mandates into strategies and procedures to govern administrative action, is both dynamic and controversial.
The Disability Pendulum: the First Decade of the Americans with Disabilities Act by Call Number: Law Library KF480 .C648x 2005Publication Date: 2005-05-01In The Disability Pendulum, Ruth Colker presents the first legislative history of the enactment of the ADA in Congress and analyzes the first decade of judicial decisions under the act. She assesses the success and failure of the first ten years of litigation under the ADA, focusing on its three major titles: employment, public entities, and public accommodations. The Disability Pendulum argues that despite an initial atmosphere of bipartisan support with the expectation that the ADA would make a significant difference in the lives of individuals with disabilities, judicial decisions have not been consistent with Congress' intentions.
Disabled Policy: America's Programs for the Handicapped (Pre-ADA) by Call Number: Olin Library HV1553 .B51Publication Date: 1987-06-26Combining history and an analysis of policy today, this book exposes the contradictions in America's disability policy and suggests means of remedying them. Based on careful archival research and interviews with policymakers, the book illustrates the dilemmas that public policies pose for the handicapped: the present system forces too many people with physical impairments into retirement, despite the availability of constructive alternatives.
The Disabled State (Pre-ADA) by Call Number: Catherwood Library HD7105.2 .S87Publication Date: 1984-12-01A book about the defining assumptions and assumed definition of the welfare state. It argues that 'the concept of disability is fundamentally the result of political conflict about distributive criteria and the appropriate recipients of social aid'.
Disabling Barriers: Social Movements, Disability History, and the Law by Call Number: Olin Library HV1559.C2 D59 2017Publication Date: 2017-10-15Disabling Barriers analyzes issues relating to disability at different moments in Canadian and American history. In this volume, legal scholars, historians, and disability-rights activists explore how disabled people have been portrayed and treated in a variety of contexts, including within the labour market, the workers' compensation system, the immigration process, and the legal system (both as litigants and as lawyers).
Federal Disability Law in a Nutshell by Call Number: ebookPublication Date: 2019-03-11This Nutshell presents an overview of the major federal disability laws with emphasis on the statutes, regulations, and significant points of substantive and procedural law. Features coverage on constitutional rights; the definition of "disabled"; Rehabilitation Act of 1973; employment discrimination; programs and services; and housing, education, and transportation. Also reviews the many relevant areas of the Individuals with Disabilities Education Act (IDEA), including the 2004 Amendments and two recent Supreme Court cases under the IDEA.
Politics of Empowerment: Disability Rights and the Cycle of American Policy Reform by Call Number: Mann Library HV1553 .P484 2019Publication Date: 2019-09-17In Politics of Empowerment, David Pettinicchio offers a historically grounded analysis of the singular case of U.S. disability policy, countering long-held views of progress that privilege public demand as its primary driver. Drawing on extensive archival material, Pettinicchio redefines the relationship between grassroots advocacy and institutional politics, revealing a cycle of progress and backlash embedded in the American political system.
The Ugly Laws: Disability in Public by Call Number: Law Library KF480 .S39x 2009Publication Date: 2009-05-01The murky history behind municipal laws criminalizing disability In the late-nineteenth and early-twentieth centuries, municipal laws targeting "unsightly beggars" sprang up in cities across America. Seeming to criminalize disability and thus offering a visceral example of discrimination, these "ugly laws" have become a sort of shorthand for oppression in disability studies, law, and the arts.
Legislation Tracking
- Higher Ed Accessibility Lawsuits, Complaints, and SettlementsTracking Higher Education Lawsuits, complaints and settlements. Kept current by Laura L. Carlson at University of Minnesota.
- UsableNet's ADA Accessibility Lawsuit TrackerThe UsableNet Research Team Monitors and Documents all Digital Accessibility-Related Lawsuits Filed Each Month. These include any claims made against a website, mobile app, or video content filed in federal court under the ADA or the Unruh Civil Rights Act in California.
- Lainey Feingold's legislation tracking blogFeinberg is major disability rights lawyer, and continually updates her articles on various legislation trends, specific cases, and other digital accessibility cases.