Questions tagged [disabilities]
For questions about laws specific to disabilities, or laws that directly concern people suffering a disability.
61
questions
1
vote
2
answers
218
views
Elevators in Apt Bldg Reserved for Move-In/Out - ADA Violation?
The garage in our apartment building has two elevators, one in each corner of a square structure. At one elevator we'll call "R", there's two handicap parking spots at each floor, and at ...
- 129
2
votes
1
answer
167
views
Must a request for reasonable adjustment under the Equality Act 2010 explicitly invoke the act that created the duty?
The Equality Act 2010 obliges public service providers to provide reasonable adjustments to the disabled in the provisions of their offered service.
What conditions invoke this as a binding duty? Must ...
- 9,113
-1
votes
2
answers
281
views
Toronto Public Library waives all charges for the disabled. What laws require (1) public bodies, (2) corporations to do the same?
Persons with Disabilities Status are exempt from:
fines for holds not picked up
being referred to a collection agency for long overdue items or charges
What Canadian laws require <1> public ...
user42021
3
votes
1
answer
39
views
Trading authority and incapacitation
Person X gives Person Y the authority to trade person's X brokerage account and to take money out of the account for the benefit of person X. It is not a durable power.
After some time, person Y has ...
- 1,165
0
votes
1
answer
47
views
Who do I contact regarding DA not charging sexual assault offender [closed]
I was sexually assaulted which injured hip and psoas muscle, told DHHS bc im and was disabled & offender was DHHS CWS , filed police report 5-29-21 a year later Salem crime survivors a lady named ...
16
votes
1
answer
4k
views
Can someone who has been disbarred act as a scribe for a disabled lawyer?
I'm watching Better Call Saul right now and I'm at the bit where
It got me thinking: if someone were disbarred, would it be legal under US law for them to do act as a disabled lawyer's eyes or hands? ...
- 323
2
votes
0
answers
100
views
Is an employer required to provide full time sign interpreters to mute employees?
I visited a retailer and went through the self checkout till where I was assisted by a mute employee, who communicated with me through a sign interpreter whose job seemed to be to shadow and ...
- 9,113
-1
votes
1
answer
62
views
Does the concept of reasonable adjustment apply to other protected characteristics than disability status?
In England businesses are required to make reasonable adjustments in the case of mental or physical disabilities so as to create an inclusive environment of equality. But are such adjustments required ...
- 9,113
1
vote
1
answer
64
views
Does the ADA require society to refer individuals suffering from addiction to mental healthcare?
I had a question cross my mind, and I asked Google to help me out. "Hey Google, is addiction legally a disability?"
The answer met my ears in seconds: "Addiction is generally considered ...
- 11
3
votes
2
answers
251
views
Is addiction a disability?
Is addiction considered a disability for employment and beneftis rights?
Does it matter if the addiction is legal: say gambling or alcohol; or illegal: drugs or theft (Kleptomania)?
- 617
1
vote
1
answer
136
views
What is an example of indirect discrimination?
In another answer @JBently IIRC explained that if one was to offer only urinal facilities but no toilet stalls this would be indirect discrimination as it would have the effect of unfavorable ...
-4
votes
1
answer
94
views
what types of businesses or service providers must give concessionary pricing to those in benefits and/or disabled?
In England the practice is so widespread among various types of institutions that it must be not only rooted in some degree of societal tradition but also some statutory provisions of some sort. What ...
1
vote
0
answers
74
views
What parties are obliged to make "reasonable adjustments"? [closed]
There is a legal phrase reasonable adjustment that refers to various parties duty to adjust their interaction with disabled people for the latter's ease and practicality. What types of parties are ...
5
votes
0
answers
660
views
Is it legal to format shift / strip DRM in the UK?
Suppose I have lawfully purchased an ebook for myself, on a permanent basis. Section 28B "Personal copies for private use" of the Copyright, Designs and Patents Act 1988 seems pretty clear ...
- 206
-2
votes
1
answer
127
views
What kinds of injuries are covered by Social Security?
I am injured (by sports injury) but was called schizophrenic. I am a bartender, otherwise I will not take fraud as income. For this I looked into the 2018 National Beneficiary Survey (next one ...
1
vote
1
answer
53
views
Tests to determine when the Residential Tenancy Act applies. E.g. what counts as providing health care?
My friend was in a work related accident and suffered brain damage. He pays rent to live in a building that the average person would not be eligible to live in. Guests are required to check in at the ...
4
votes
1
answer
238
views
Is the inability to bypass a duty free shopping area in UK airports a violation of the Equality Act?
In many airports in the United Kingdom, passengers are required to walk straight through a duty free shop (as in straight through it, not alongside its entrance) to get to the departure gates after ...
- 174
2
votes
2
answers
208
views
Possible legal repercussions for ignoring reasonable accommodation requests
A candidate requests certain accommodations for the job interview, for instance to perform interaction with the interviewer in written. (Speaking is not an essential requirement for the job in ...
- 23
1
vote
0
answers
50
views
What provisions are there to broaden the usage of the “vulnerable adult” concept as in the PACE Act 1984 to other legal contexts?
The concept of a vulnerable adult as someone meriting equivalent treatment as children/minors seems to have pervaded British policy and legal parlance. For example, most of the clarifying materials to ...
17
votes
2
answers
5k
views
Is being left-handed a protected class in US discrimination law?
This is based on a recent (but no longer available) question that was asked on The Workplace but was not well-received there.
US federal law provides for robust protections from discrimination for ...
- 3,396
-4
votes
1
answer
184
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 ...
- 5
2
votes
2
answers
845
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 ...
user31745
4
votes
2
answers
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....
- 41
0
votes
2
answers
70
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 ...
- 129
1
vote
0
answers
47
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 ...
- 129
4
votes
3
answers
220
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 ...
- 3,179
2
votes
2
answers
63
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 ...
- 137
1
vote
1
answer
180
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 ...
- 459
1
vote
1
answer
136
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 ...
- 4,254
3
votes
1
answer
121
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 ...
- 483
2
votes
1
answer
116
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 ...
- 1,339
1
vote
1
answer
175
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 ...
1
vote
0
answers
88
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 ...
- 538
2
votes
1
answer
114
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 ...
- 178
3
votes
2
answers
2k
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 ...
- 31
2
votes
1
answer
170
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 ...
- 3,396
1
vote
0
answers
170
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 ...
- 459
5
votes
1
answer
531
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 ...
- 51
2
votes
0
answers
43
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
votes
1
answer
254
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 ...
- 41
1
vote
0
answers
178
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 ...
- 538
37
votes
2
answers
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 ...
- 2,461
5
votes
1
answer
871
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 ...
- 367
3
votes
1
answer
133
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
votes
0
answers
121
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, ...
- 679
2
votes
3
answers
4k
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
votes
0
answers
30
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
votes
5
answers
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 ...
- 679
7
votes
2
answers
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, ...
user385
4
votes
2
answers
236
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 ...
- 1,134