Other Disability Laws

The ADA is not the only disability rights law, though it is the most comprehensive. The following are other Federal laws relevant to the rights of individuals with disabilities.

Civil Rights Act of 1964

Prohibits discrimination on the basis of race, color, religion, gender or national origin in voting, places of public accommodation, state and municipal governments, public schools, federally funded programs, and employment. Although this Act did not include disability as a protected class, it provided the legal framework for the ADA. Enforcement of the Civil Rights Act of 1964 is handled by each separate federal agency for all programs and contractors under their jurisdiction.

Architectural Barriers Act of 1968 (ABA)

Requires buildings that are constructed or altered with Federal funds or leased by a Federal agency comply with Federal standards for architectural accessibility.

Enforcement: U.S. Access Board    800.872.2253 (V) 800.993.2822 (TTY) www.access-board.gov/aba

Fair Housing Act of 1968 (1988 amendments included disability)

Prohibits discrimination on the basis of race, color, religion, gender, disability, age, familial status, or national origin in the sale, rental and financing of housing. It requires owners of housing facilities to make reasonable exceptions in their policies and operations to afford people with disabilities equal housing opportunities. It also requires owners to allow tenants with disabilities to make reasonable access-related modifications to their private living space at their own expense.

Enforcement: U.S. Department of Housing and Urban Development (HUD) 800.669.9777 (V) 800.927.9275 (TTY) http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FHLaws/yourrights

Technical assistance on design and construction requirements: Fair Housing Accessibility First 888.341.7781 (V/TTY) www.fairhousingfirst.org

Rehabilitation Act of 1973

Prohibits discrimination on the basis of disability in programs conducted by Federal agencies, in programs receiving Federal financial assistance, by Federal contractors, and in Federal employment. The ADA was modeled after the Rehabilitation Act’s statutory language. Enforcement of the Rehabilitation Act is handled by each separate federal agency for all programs and contractors under their jurisdiction.

Section 501

Requires affirmative action and prohibits employment disability discrimination by Federal agencies.

Section 503

Requires affirmative action and prohibits employment disability discrimination by Federal contractors and subcontractors with contracts of more than $10,000.

Section 504

Prohibits discrimination against qualified individuals with a disability in any program or activity conducted by a Federal agency or in any program receiving Federal financial assistance.

Section 508  (1986, amended in 1998)

Requires Federal agencies to make their electronic and information technology accessible to people with disabilities. www.section508.gov  

Individuals with Disabilities Education Act of 1975 (IDEA)

Requires K-12 public schools to make available to all eligible children with disabilities a free appropriate public education in the least restrictive environment appropriate to their individual needs. Requires the development of an Individualized Educational Program (IEP) for each eligible child outlining special education and related services to be provided.

Enforcement: U.S. Department of Education Office for Civil Rights 800.421.3481(V) 877.521.2172 (TTY) http://www2.ed.gov/about/offices/list/ocr/qa-complaints.html

Technical Assistance: National Dissemination Center for Children with Disabilities www.nichcy.org

Civil Rights of Institutionalized Persons Act of 1980 (CRIPA)

Protects the rights of people in state or local correctional facilities, nursing homes, mental health facilities, and institutions for people with intellectual and developmental disabilities. Enforcement is not based on individual incidents of mistreatment but rather is based on systemic, widespread deficiencies.

Enforcement: U.S. Department of Justice, Special Litigation Section 877.218.5228 (V)http://www.justice.gov/crt/about/spl/cripastat.php      special.litigation@usdoj.gov

Air Carrier Access Act of 1988

Prohibits discrimination in air transportation by air carriers against qualified individuals with disabilities and requires air carriers to accommodate the needs of passengers with disabilities.

Enforcement:  U.S. Department of Transportation Aviation Consumer Protection and Enforcement  800.778.4838 (V)800.455.9880 (TTY) http://airconsumer.dot.gov/SA_Disability.htm

Family Medical Leave Act of 1993 (FMLA)

Entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage.

Enforcement: U.S. Department of Labor, Wage and Hour Division 866.487.9243 (V/TTY)http://www.dol.gov/whd/fmla/index.htm or http://www.dol.gov/wecanhelp/howtofilecomplaint.htm

Telecommunications Act of 1996

Requires telecommunications products and services to be accessible to and usable by people with disabilities if readily achievable.

Enforcement: Federal Communications Commission (FCC) 888.225.5322 (V) 888.835.5322 (TTY) http://www.fcc.gov/guides/disabled-persons-telecommunications-access-section-255

Technical Assistance:  http://www.access-board.gov/about/laws/telecomm.htm

Help America Vote Act of 2002 (HAVA)

Provides individuals with the disabilities the right to participate in elections in the same manner as other voters and to cast a private and independent ballot. Includes the requirement that every precinct have at least one voting machine or system accessible to people with disabilities including those with vision impairments.

Information: U.S. Election Assistance Commission 866.747.1471 (V) http://www.eac.gov/about_the_eac/help_america_vote_act.aspx  HAVAinfo@eac.gov  

Genetic Information Nondiscrimination Act of 2008 (GINA)

Prohibits discrimination in health coverage and employment based on genetic information.

Enforcement:  Equal Employment Opportunity Commission 800.669.4000 (V) 800.669.6820 (TTY) www.eeoc.gov

Technical Assistance: http://www.dol.gov/ebsa/faqs/faq-GINA.html

21st Century Communications and Video Accessibility Act of 2010

Provides protections to allow people with disabilities access to broadband, digital, and mobile communications, video programming on television and the internet, and emergency information.

Enforcement: Federal Communications Commission (FCC) 888.225.5322  (V) 888.835.5322 (TTY) http://www.fcc.gov/encyclopedia/twenty-first-century-communications-and-video-accessibility-act