Questions tagged [disabilities]

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

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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 ...
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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 ...
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16 votes
2 answers
4k views

Is being left-handed a protected class in US discrimination law?

This is based on a recent question that was asked on The Workplace but was not well-received there. US federal law provides for robust protections from discrimination for many different reasons - race,...
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-4 votes
1 answer
153 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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2 votes
2 answers
117 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 ...
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4 votes
2 answers
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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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2 answers
51 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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1 vote
0 answers
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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 ...
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4 votes
3 answers
136 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 ...
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2 votes
2 answers
53 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 ...
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1 vote
1 answer
138 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 ...
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1 vote
1 answer
122 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 ...
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3 votes
1 answer
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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 ...
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2 votes
1 answer
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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 ...
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1 vote
1 answer
166 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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1 vote
0 answers
69 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 ...
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2 votes
1 answer
102 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 ...
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2 votes
2 answers
896 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 ...
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2 votes
1 answer
144 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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1 vote
0 answers
160 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 ...
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5 votes
1 answer
313 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 ...
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2 votes
0 answers
41 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 ...
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4 votes
1 answer
195 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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1 vote
0 answers
142 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 ...
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36 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 ...
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4 votes
1 answer
574 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 ...
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3 votes
1 answer
130 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....
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2 votes
0 answers
113 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, ...
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2 votes
3 answers
3k 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?
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2 votes
0 answers
25 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 ...
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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 ...
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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, ...
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4 votes
2 answers
153 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 ...
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2 votes
1 answer
93 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 ...
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3 votes
1 answer
260 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 ...
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5 votes
1 answer
169 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 ...
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1 vote
1 answer
200 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 ...
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1 vote
2 answers
512 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 ...
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4 votes
1 answer
194 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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1 vote
0 answers
39 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 ...
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1 vote
1 answer
76 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 ...
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4 votes
1 answer
161 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 ...
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7 votes
1 answer
437 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 ...
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5 votes
3 answers
385 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 ...
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