Disability Discrimination

Disability discrimination can refer to a lot of different things depending on the setting. But generally speaking, disability discrimination refers to treating a person with a disability less favorably than a person without a disability, including preventing a disabled person from enjoying the opportunities that a non-disabled person has.

There are a variety of laws that prohibit disability discrimination, which are discussed below. Collectively, the laws cover things like employment, housing, interpreters, and architecture. 

Examples of disability discrimination can include:

• An employer not hiring or firing someone because of a disability, assuming the person can perform the essential functions of the job.
• An architect designing and constructing a building that is inaccessible to people in wheelchairs.
• A hospital failing to provide an interpreter to a Deaf person.

Federally, the major laws that govern disability discrimination are:

• Americans with Disabilities Act (ADA)
• Rehabilitation Act also known as Section 504
• Affordable Care Act

The Rehabilitation Act and the Affordable Care Act do not always apply; whether those apply or not is determined by if the business or organization involved receives federal funding.

Disability discrimination is also prohibited in school by the Individuals with Disabilities Education Act, although Cronauer Law generally does not handle such claims unless there is also a personal injury involved.