Everyday Law For Individuals With Disabilities (The Everyday Law Series)

If you are an individual with a disability and believe you have been discriminated against, it is often hard to find a lawyer to help remedy your situation. Accordingly, 'self-help' may often be your most, or your only, viable strategy. But how to proceed? This book serves as a badly needed practical guide to disability discrimination law. Covering a wide range of issues faced by individuals with different kinds of disabilities, it not only describes those individuals' legal rights but also suggests solutions to disability discrimination issues that are more practical and less expensive than filing a lawsuit. Written by two disability law experts, Ruth Colker, whose son is developmentally disabled, and Adam Milani, who is paralyzed from the chest down, this book is informed by their scholarly expertise but is also based on their collective practical experience from years of navigating issues of disability discrimination. Everyday Law for Individuals with Disabilities is the first in a series of practical guides to the law, organized by series editors Richard Delgado and Jean Stephancic, packed with useful overviews and advice for the people who need it most and can least afford it. Cover Half Title Title Page Copyright Page Dedication Table of Contents Preface Acknowledgments List of Acronyms 1 Introduction Focus on Federal Disability Discrimination Laws History and Overview of Federal Disability Discrimination Laws Goals and Outline of This Book Notes 2 The Law of Employment Discrimination Relevant Statutes Who Is Covered General Types of Discriminatory Practices Request for Reasonable Accommodation Defenses Interaction Between ADA Title I and Social Security Disability Insurance Remedies Conclusion Notes 3 The Law of Special Education: Preschool–12 Relevant Statutes Definition of Disability Testing Free and Appropriate Public Education Related Services The Individualized Family Service Plan and Individualized Education Program Least Restrictive Environment Discipline Issues Private Schooling Complaint Process Conclusion Notes 4 Postsecondary Education Transition from High School to Postsecondary Education Laws Governing Disability Discrimination in Postsecondary Education Reasonable Accommodations Interactive Process Safety Academic Deference Nonacademic Programs and Services Notice and Documentation of Disability Retaliation Hostile Learning Environment Individuals with Learning Disabilities Enforcement Conclusion 5 Access and Accommodation Qualified Individual with a Disability ADA Title II: Access to State and Local Government Services ADA Title III: Access to Private Entities Accessibility of Buildings and Facilities Accessibility of New Construction and Alterations to Existing Facilities Removal of Barriers from Existing Facilities Landlords and Tenants Auxiliary Aids and Services Enforcement and Remedies Against State and Local Governments Enforcement and Remedies Against Private Entities Electronic and Information Technology Used by Federal Agencies Conclusion 6 Transportation Ground Transportation Provided by Public Entities Transportation Provided by Private Entities Accessibility Requirements for Vehicles Operated by Public and Private Entities Administrative Enforcement Actions by the Federal Transit Administration Lawsuits by Private Individuals Airline Transportation Conclusion 7 Housing Discrimination in the Rental or Sale of Housing Reasonable Accommodations Service Animals Direct Threat Defense Discrimination in Residential Real Estate–Related Transactions Discrimination in Provision of Brokerage Services Interference or Coercion Zoning FHA: Enforcement and Remedies Section 504 Conclusion 8 Voting The 2004 Election Voter Disenfranchisement Accessibility Problems Early Statutory Protections Voting Accessibility for the Elderly and Handicapped Act Americans with Disabilities Act Help America Vote Act Enforcement Problems Judicial Intervention Nonjudicial Options Voting Resources Conclusion Notes 9 Conclusion Appendix: National and State Resources Index About the Authors If you are an individual with a disability and believe you have suffered discrimination, it is often hard to find a lawyer to help remedy your situation. Accordingly, "self-help" may often be your most, or your only, viable strategy. But how to proceed? This book serves as a badly needed practical guide to disability discrimination law. Covering a wide range of issues facing individuals with different kinds of disabilities, it not only describes those individuals' legal rights but also suggests solutions to disability issues that are more practical and less expensive than filing a lawsuit. Written by two disability law experts, Ruth Colker, whose son has participated in special education programs, and the late Adam A. Milani, who was paralyzed from the chest down, this book draws on their scholarly expertise and collective practical experience from years of navigating disability issues.Everyday Law for Individuals with Disabilities is the first in a series of practical guides to the law, organized by series editors Richard Delgado and Jean Stefancic, packed with useful overviews and advice for the people who need it most and can least afford it.