An Overview on Various Los Angeles Disability Laws

                                                                                         

Disability Law is one that prohibits discrimination against individuals with disabilities in employment, housing, education and access to public services. It is largely regulated by the Americans with Disabilities Act (ADA).

They are aimed at protecting and safeguarding the rights of persons with disability. That is why the government has passed several laws to strengthen its advocacy on disability. Some of these federal laws include:

• Americans Disabilities Act

• Telecommunications Act

• Air Carrier Access Act

• Voting Accessibility for Elderly and Handicapped Act

• National Voters Registration Act

• Civil Rights of Institutionalized People Act

• Rehabilitation Act

• Architectural Barriers Act

• Individuals With Disabilities Education Act

On the other hand, State Laws & Regulations include:

• Unruh Civil Rights Act

• California Civil Code Sections 54 through 55.2

• Title 24 California Building & Standards Code (Physical Access Regulations)

• California Government Code Section 11135-11138

• Fair Employment and Housing Act

How Does the Law Define Disability?

Under the Americans with Disabilities Act (ADA), a person is deemed disabled if he is any of the following:

1. who is physically or mentally impaired that substantially limits one or more of his/her major life activities

2. who has a record of such impairment

3. who is being regarded as having such an impairment

Employment Disability

In Los Angeles alone, about 874,315 people have employment disability.
Employment disability exists when a qualified employee or applicant, with or without reasonable accommodation, cannot carry out the essential functions of a particular job.

Reasonable accommodation includes, but is not limited to, the following:

• Accessibility to and usage by persons with disabilities of the existing facilities utilized by employees;

• Job reorganization, varying work schedules, relocation to a vacant position;

• Modification or adjustment of equipment or devices, alteration or modification of examinations, training modules, or guidelines, and providing qualified readers or interpreters.

An employer is compelled to create a “reasonable accommodation” to a recognized disability of a qualified applicant or employee if it will not cause an "undue hardship" on the operation of the employer's industry.

Undue hardship is defined under the law as “an action requiring significant difficulty or expense when considered in light of factors such as an employer's size, financial resources, and the nature and structure of its operation.”

In the case of Wysinger v. Automobile Club of Southern California, the California Court of Appeal (Second Appellate District) delivered a blow to management in its defense against Fair Employment and Housing Act (FEHA) claims brought by disabled employees when the court found that:

“the interactive process and providing reasonable accommodations are separate requirements in disability discrimination claims, and thus constitute separate causes of action with separate burdens of proof.”

California Disability Discrimination Law - Employees Must Show They Can Do the Job

Under the California Fair Employment & Housing Act (FEHA), it states that California employers do not have to hire or continue to employ "disabled" individuals who cannot perform "essential job functions" even with "reasonable accommodation."

Disability Law on Children

The Individuals with Disabilities Education Act (IDEA) is originally enacted by Congress in 1975 to ensure that children with disabilities had the equal opportunity to receive a free appropriate public education, just like other children.

Also, IDEA administers how states and public agencies provide early intervention, special education and related services to more than 6.5 million eligible infants, toddlers, children and youth with disabilities.

The above laws only prove that the government id sincere in protecting the rights of disabled persons. It is a way of acknowledging their past and future contributions as valuable members of the society.

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