DISABILITY RIGHTS

Disability rights actions are based primarily on two Federal statutes, the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973 normally just referred to as Section 504. Both of these statutes prohibit discrimination against disabled persons because of disability. The term ‘discrimination’ is often misunderstood. It does not mean that no one may be treated differently but rather that someone should not be treated in such a manner that person is treated unequally or unfairly as another person who does not have a disability. Also the discriminatory treatment must affect the person’s opportunity to perform a task, do a job, enter or exit a building; some activity that is available to others who do not have the same limitations. The mere fact that you have a physical condition and do not get a job, a promotion or gain admission to a program does not automatically equal prohibited discrimination. The opportunity must be equal not necessarily the outcome. If the outcome would have been the same regardless of your physical or mental condition then you have not been discriminated against.

If there is a physical requirement that you cannot met and there is no accommodation made to remove this barrier and you are otherwise qualified but denied admission or participation then you may have a claim of discrimination. It will require investigation to determine if it is a viable claim.

Please remember that there are time limitations. You may have a clear case of discrimination but to protect that case you must file a claim. Letters, telephone calls and social media posts do not count, only a lawsuit filed in the appropriate jurisdiction within the appropriate time limits will interrupt the running of the statute of limitations.

Everyone’s case is different so any discussion of claims and causes of action must be in general terms. Your specific facts will determine whether you have a viable claim.