Questions tagged [disabilities]

For questions about laws specific to disabilities, or laws that directly concern people suffering a disability.

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1answer
142 views

Take action against a hotel for negligence in accommodating a disabled guest?

My wife has diagnosed C-PTSD which her doctors have classified as a disability. She also lives with another disability related to a spinal injury which makes it difficult for her to walk. We are ...
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2answers
101 views

Are disabilities taken into consideration when establishing jurisdiction?

If a person has a disability, whether physical or psychological, that would make traveling out of state/country a hardship for them, will the courts grant that person's state personal jurisdiction ...
4
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2answers
2k views

Is it legal for the court to force administer ABA therapy on autistic patients?

ABA therapy is a controversial field of psychological therapy. It trains an autistic person to behave in a socially-acceptable manner. Such training is extremely onerous for some autistic individuals....
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2answers
46 views

Indian RPWD-2016: How a person having intellectual disability but not autism is categorised? or an autistic person with not intellectual disability

Indian RPWD-2016 removes the term "Mental retardation", and introduces the term Intellectual disability. However, this act classifies the term intellectual disability into Specific learning ...
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0answers
32 views

India: Can late-diagnosed or adult-diagnosed autistics get a disability certificate?

RPWD-2016, for the first time, recognises "autism spectrum disorder" as a valid disability. But it says INCLEN test and ISSA scoring are used for disability certification process according ...
3
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3answers
119 views

Can a UK employer legally require someone to stay home if they pose a significant risk of harm to others?

I'm thinking of this in the context of the current debate about coronavirus vaccine certificates, but I think the question is wider and I don't want to limit it to just that. Suppose an existing long ...
2
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2answers
50 views

Can an attorney consent to an IEP on parent's behalf?

Under the IDEA, can an attorney that has been retained to represent the parent of a student consent to an Individualized Education Program proposed by the student's school district on the parent's ...
1
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1answer
124 views

Job interview and negotiation for reasonable accommodations

Is there any legal framework for the process of negotiation of reasonable accommodations for the job interview? As far as I understand, the candidate needs to provide a letter from their doctor that ...
1
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1answer
114 views

Claiming workplace vaccine exemption

What are the required elements of valid claims for workplace exemptions of the following types? Exemption would be for an employer-required vaccination against some communicable illness. Medical: I ...
2
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1answer
67 views

Argument related to handicap parking spots in a business

This is a situation from 15-20 years ago, but I feel like I never got a real answer: This took place in Redwood City, California. We had a building that could accommodate more or less 500 people and ...
2
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1answer
36 views

Does the ADA prevent private entities from asking customers if they have a disability?

Some people have claimed that if a potential customer without a mask attempts to enter a privately owned store/business, then the Americans with Disabilities Act makes it illegal to ask the person if ...
1
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1answer
150 views

Would the ADA allow a teacher with comorbidities relevant to COVID-19 to insist on teaching remotely in Fall 2020?

I am a professor at a large state university which has announced it will teach classes on campus this fall, and I am diabetic. I am very concerned about whether my university can provide an ...
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0answers
66 views

Can a hotel or Airbnb host deny me accommodations based solely on the fact that I will be having a medical procedure?

An Airbnb host recently denied me accommodations because I will be recovering from surgery. It happens to be a very simple procedure, but even if it wasn't, isn't this a violation of the American with ...
2
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1answer
99 views

Percentage of Restaurant Tables Appropriate for Wheelchairs

A local restaurant remodeled and now they have mostly high tables with stools and booths. They only have a few tables appropriate for someone in a wheelchair. If a restaurant has plenty of tables ...
2
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2answers
592 views

Isn't it illegal to block wheelchair access to sidewalks with your vehicle?

I live in Federal Way, Washington State. Many of my neighbors continually park their vehicles, blocking wheelchair access to our sidewalks. I can't find the RCW for it, but I am positive that it is ...
2
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1answer
106 views

What is a “significant behavioral, emotional, or mental disorder” for the purpose of firearm disqualification in Hawaii?

According to Hawaii Statutes §134-7 (3) (my emphasis), no person who Is or has been diagnosed as having a significant behavioral, emotional, or mental disorders as defined by the most current ...
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0answers
153 views

ADA and reasonable accommodations

https://www.eeoc.gov/facts/jobapplicant.html Q: Is it a reasonable accommodation to request to remove all the oral interviews for a candidate programmer who has, for instance, social phobia? Or the ...
5
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1answer
258 views

Can I legally deny entry to service dogs because I have cats in my store?

The rules for the ADA about service dogs includes a section with zoos as the example. "service animals can be restricted from areas where the animals on display are the natural prey or natural ...
2
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0answers
39 views

Disability discrimination - channels and asymmetry

So, I was recently experiencing a situation where I couldn't seem to get a satisfactory experience using an organization's on-line customer service channel. The only alternative presented to me at ...
4
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1answer
182 views

Can an employer place someone on medical leave even though a doctor says they are ok to work?

Hypothetically, if someone has a chronic mental illness and their employer is already aware of it (and made accommodations for it) for the time they have been employed, does the employer have the ...
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0answers
122 views

FAA medical certification and the American with Disabilities Act

I'm in my early thirties and a recovered addict with a former diagnosis for bipolar disorder with psychotic features. However, I've been sober for five years, off all medications for four, and ...
36
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2answers
12k views

Why would someone get a fine when using a disabled parking space when the disabled person is not in the car?

An article in LA Times about someone parking on a disabled parking space without the disabled person being in the car: (...) I saw a woman pull into a disabled parking space and begin to exit her ...
3
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1answer
433 views

Disabled fiancée is harassed by her father and I'm a witness. Am I an accomplice from not helping?

Quick context summary: I've been with my fiancée for years. Although we call ourselves as such, we are not legally married nor recognised as a couple. We're living around 500 kilometres/311 miles ...
3
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1answer
126 views

How do I blow the whistle for discrimination that I'm part of and partially responsible for? [closed]

DP = Discriminated Person I've spent the last several years helping multiple Silicon Valley, Austin and other tech companies discriminate against qualified persons of color, females, and the disabled....
2
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0answers
112 views

Can a paratransit company refuse to reimburse you even if you had a medical situation?

I'm asking on behalf of a friend of mine who is not on this site. They are blind and have a guide dog. We are both in Oregon, and we sometimes take the TriMet Lift paratransit service. Last Sunday, ...
2
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3answers
2k views

Do hospitals have to provide wheelchairs to patients and visitors?

I was performing a project at a hospital on the number of missing wheelchairs. Must hospitals provide wheelchairs at the entrance per ADA regulation or some other regulation?
2
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0answers
23 views

Do hospitals have to provide wheelchairs at the entrance to patients and visitors? [duplicate]

I was performing a project at the hospitals and the number of missing wheelchairs, I was just wondering if hospitals must provide wheelchairs at the entrance per ADA regulation or some other ...
15
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5answers
10k views

Would I have a reasonable cause of action to consider suing a science centre for violating disability rights law?

As someone who is both totally blind and hard-of-hearing, I rely on tactile feedback a lot. I live in Oregon, and I heard that a new exhibit was going to be stationed permanently, so I wouldn't have ...
7
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2answers
2k views

Legal requirements for video game accessibility in the USA

The USA has several laws regarding accessibility of resources, both physical and electronic, with regards to persons with disabilities. For this reason, popular operating systems such as Windows, OSX, ...
4
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2answers
149 views

How can federal law require seating for disabled people in a city train?

Once in a city train in Bay area, I saw a plate which says something similar to "federal law requires this seat to be reserved for disabled people". What part of the constitution authorizes the US ...
2
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1answer
88 views

Can one be in ADA compliance “on demand”?

I work in web development for various businesses. Many of these operate storefronts and have other information that, in the physical world, would need to be provided in a way that is compliant with ...
3
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0answers
206 views

Under ADA, are size or weight disabilities?

Within the context of the US ADA, are a man or woman's size or weight considered disabilities? What is the threshold? For example, could a 7' 2" male weighing 300 pounds be considered disabled? In ...
5
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1answer
165 views

Does the Americans with Disabilities Act require deleting/blocking media that is not accessible?

According to recent news, the University of California, Berkeley has decided to remove 20,000 educational videos from YouTube to address findings by the Department of Justice that these videos do not ...
1
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1answer
184 views

Can an employer request recertification for a spouses permanent disability?

My wife has a major medical health issue that there is no known cure for. I have been certified through my job for FMLA to take Intermittent Leave as needed for her health condition. Now every year ...
1
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2answers
472 views

Can I file a job discrimination lawsuit against a company that repeatedly rejects me?

Context: I've been working as an IT specialist for > 15 years (some years full time in the office and last few years as a freelancer) and have a higher education degree in IT. I have Asperger's and ...
4
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1answer
149 views

Are landlords required to accommodate service animals in a shared house?

Suppose several people have individual leases to share a house. US housing law requires landlords to allow pets even when they have a no pets policy, but does this carry through even if it is a shared ...
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0answers
36 views

How long dos it take for the federal government to make a disability retirement decision?

I'm currently going through the disability retirement procedure, and was wondering how long it takes for the federal government to determine if you can retire with a disability, or if they can fire ...
1
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1answer
70 views

Bounced Check and ADA

Assume a documented dyslexic person writes a check and transposes two numbers. The error is such that it results in a bounced check. Can that person use the Disabilities Act to collect damages from ...
4
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1answer
152 views

What protections exist in the European Union against discrimination in an educational institution?

For those who aren't familiar with it, Section 504 of the Rehabilitation Act ("504" for short) is the U.S. law that protects the civil rights of students with disabilities at institutions that receive ...
7
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1answer
402 views

Who would have to pay for the damage resulting from sitting on a freshly painted bench?

When a bench in a public area gets repainted/lacquered, there’s typically a sign that reads "Wet paint!", which should warn people not to sit on the bench. A blind person can’t read this sign, sits ...
5
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3answers
374 views

Can a school provide preferential treatment for one allergen and not another?

Our daughter is allergic to dairy milk. We provide her almond milk at home, however our school has told us we cannot bring in almond milk due to concerns about nut allergies, and that we should ...