New Law makes Employment of People with Disabilities a Priority in Illinois (digital edition)

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Illinois' version of the pay history law was vetoed earlier this fall, but New York City's law became effective on October 31, and similar provisions will come into effect or enforceable in California, Massachusetts, Delaware, Oregon, Puerto Rico, Philadelphia—pending a court challenge—and San Francisco in the coming year. Employers operating in any of these jurisdictions need to make sure that everyone on their recruiting teams understands that they can't ask about compensation history.

Of course, employers will also need to determine the other factors initial compensation offers will be based on when prior compensation is off limits. What effect does the increasing number of millennials have on a company's approach to employee relations? One trend is companies formalizing telecommuting policies to help recruit and retain millennials—the rest of us get to enjoy the benefits, too! In addition, millennials are known for craving feedback on their work product, which ties very well into human resources' desire for management to regularly provide feedback so that employees can learn and improve in their areas of growth.

Also, millennials' work satisfaction is not necessarily driven by salaries to the same extent as we've seen in previous generations.

Navigating today's changing workplace

Sometimes it's easier to throw a few dollars at a problem and hope that solves a morale issue; it's much harder to come up with ways to allow employees to balance their varied interests in and out of work, and to develop fulfillment in what they do at work. In general, millennials are much more prone to change jobs, so employers must go to increasingly great lengths to cultivate loyalty and develop a culture that millennials do not want to leave.

With unemployment as low as it is, this is no easy task. Also, millennials place a higher priority on work-life balance, time off, etc. In today's social media environment, what recourse does a company have for employees who are publicly active in political or other causes that are inconsistent with the company's values? If the employee is an employee-at-will, an Illinois employer is generally free to terminate their employment based on statements the employee has made on social media.

However, there are three significant limitations to this general rule. First, if the employee's post is about terms and conditions of employment, the workplace, co-workers or supervisors, it could be considered "protected concerted activity" under Federal labor laws. As a result, an employer who disciplines or terminates an employee who's complaining about work could face an unfair labor practice charge, whether or not they have a union. Second, employers need to be careful about how they obtain the information about the employee's post and only take action based on a post that's publicly available or shared by someone who was authorized to view it, since requiring an employee to provide access to their or others' social media accounts violates Illinois law.

Finally, if the employee's social media post could be considered religious in nature, or otherwise related to a protected characteristic—such as race, national origin or disability—terminating the employee for that post could run afoul of discrimination laws. Employees can be fired for any reason as long as it's not illegal, although some states regulate an employer's ability to discipline employees for lawful activities outside of the workplace.

I recommend that companies implement a social media policy, including a disclaimer that employees don't speak for the company on any post that could be perceived as being in the company's line of business, and reminding employees not to use ethnic slurs, personal insults, obscenity, or engage in any conduct that would be unacceptable in the workplace while posting on social media.

Violations of the policy certainly could lead to disciplinary actions, including termination. The good news here is that private employers still have a fair amount of latitude in restricting their employees' communications on social media because private sector employees do not have First Amendment protection. On the other hand, private sector employers may not infringe upon certain types of legally protected activity engaged in by their employees.

TABLE OF CONTENTS

Thus, prohibiting employees from complaining about or criticizing the employer for alleged discrimination or harassment could run afoul of discrimination laws. Similarly, the current law under the National Labor Relations Act provides broad protection for employees who express opinions about wages, hours and working conditions affecting them and their coworkers, and the National Labor Relations Board has undertaken aggressive enforcement actions in this area. Paid sick leave and paid family leave will continue to grow.

Employers will continue to struggle with implementing rules and regulations across state, county and city lines. In , state courts issued the first decisions finding employers in certain states cannot fire employees for testing positive for medical marijuana. This trend is likely to continue in and employers will have to adjust their drug-testing policies to address medical marijuana use. Finally, we'll likely see a trend of state laws addressing gender pay gap, including what questions can be asked of applicants in the absence of federal legislation or regulation.

The most interesting employment law issue that I expect Illinois employers may confront, or want to address, in relates to medical leaves of absence that extend beyond the 12 workweeks protected by the Family and Medical Leave Act. Traditionally, most courts had found that even when an employee's FMLA protected leave had ended, if the employee's doctor had provided an additional, limited definite leave with a specific return to work date, the employee would enjoy some form of job protection under the ADA.

In the last few weeks, though, the Seventh Circuit Court of Appeal—which governs federal law in Illinois, Wisconsin and Indiana—issued two opinions holding that a long-term medical leave of absence was not a "reasonable accommodation" under the ADA, meaning an employer did not have to offer such a leave to a disabled employee. The ADA, it found, is not a medical leave statute. Other federal courts, including the Supreme Court, have not adopted this position yet, so multi-state employers should exercise caution. Illinois employers, however, may consider adjusting their leave programs based on these important rulings.

Federal Agencies

I expect most federal agencies that administer employment laws will be less aggressive as the current administration's appointees begin to review cases and make policy decisions. Specifically, I think the new board will overrule some of the Obama board's break with precedent in the areas of social media and email use, enforceability of arbitration agreements and class-action waivers.

On the other hand, more active enforcement of immigration laws should prove to be a challenge to employers. We expect a shift toward more employer-friendly positions. For instance, at the National Labor Relations Board we expect less support for micro-bargaining units, a turn away from "ambush" union elections, a softening of the NLRB's prior position around use of employer email systems, and significantly less scrutiny of employer policies that prohibit sharing of confidential information. With new leadership in the Wage and Hour Division of the Department of Labor, we expect a more employer-friendly approach to the opinion letter process, which many employers found beneficial under President Bush's Department of Labor.

On the state and local level, we expect more legislation around paid leave and pay history laws, as well as localized increases to the minimum wage and, potentially, increases to the minimum salary for an employee to be eligible to be considered exempt from overtime requirements. Code 41 Disability Business Enterprises Act. States that the purpose of the act and associated regulations is to carry out the state's policy of supporting the fullest possible participation of disability-owned small businesses in state contracts and purchases, including assisting them throughout the life of contracts in which they participate.

Exempts road and highway construction from the purposes of the act. Creates a Disability Business Enterprise Committee within the Governor's Commission on Disabilities, which is responsible for certifying disability-owned small businesses and setting formulas for awarding contracts to them. Requires state agencies and the Division of Purchasing to periodically conduct meetings with such businesses, as appropriate, to inform them of procurement opportunities. Requires the Division of Purchasing to submit an annual report.

Allows the Kim Wallace Adaptive Equipment Loan Program to award loans for the purpose of assisting persons with disabilities to purchase used vehicles necessary to obtain or retain employment or employment training, subject to certain limitations. Transportation appropriations bill for the — biennium. Other approaches that encourage private employers to hire, recruit and retain people with disabilities. Expresses that the legislature supports the employment of persons with disabilities and encourages Arizona businesses to hire persons with disabilities.

Requires each local workforce investment board to establish at least one comprehensive one-stop career center that includes accessible services for people with disabilities. Provides that Medi-Cal personal care services include services in the recipient's place of employment, under specified conditions. Health General Code Ann. Employed Persons with Disabilities Program. Creates a program to make medical assistance coverage available to eligible employed individuals with disabilities, with the purpose of encouraging people with disabilities to seek or maintain employment.

Provides assistance to people with severe physical disabilities and insufficient income from other sources, to enable them to work. Allows qualifying persons who are employed for 20 or more hours per week to claim a subsidy from the Bureau of Rehabilitation Services for personal care assistance services that are needed for their employment. Establishes the Kim Wallace Adaptive Equipment Loan Program Fund to provide funding for loans to qualified borrowers to acquire adaptive equipment. Notes that both individuals and business entities are eligible for loans.

Provides bond issue for support of the program. Prohibits employers from employing individuals with disabilities at an hourly rate lower than the federal minimum wage except for practical experience or training programs and family businesses. Repeals a previous special exemption for sheltered workshops.

This bill was a request of a committee that was established by N. Requires state agencies and certain state-funded entities to submit annual reports that include what percentage of their contract purchases were from disabled-owned businesses, disabled business enterprises and nonprofit work centers for the blind and the severely disabled.

Provides that clients with developmental disabilities who are receiving employment services must be offered the choice to transition to a community access program after nine months of enrollment in an employment program, and the option to transition from a community access program to an employment program at any time. Declares legislative intent to encourage and provide incentives for state agencies to give meaningful employment opportunities to such persons and to improve the state's practices in employing, supervising and supporting them.

Directs the Department of Human Services to design and implement a state employment program for persons with developmental disabilities. Requires these programs to include provisions to increase the number of people with a disability hired for positions with specific job titles for which they have been assessed and awarded a passing grade. Requires every state department, agency, board, commission and instrumentality to establish, maintain and carry out a continuing affirmative action plan that includes a numerical hiring goal for the employment of qualified persons with disabilities.

Requires the Commissioner of Management and Budget, in cooperation with appointing authorities of all state agencies, to place special emphasis to the recruitment of protected group members, including people with disabilities, into state service employment. Establishes a statewide affirmative action program, with goals for each protected group.

Requires state agencies to create affirmative action plans that include plans for providing reasonable accommodation in the hiring and promotion of qualified people with disabilities. Allows up to 50 full-time positions within state agencies to be selected for inclusion for a supported work program for people with severe disabilities. Requires audits and reports. Declares intent to increase the hiring of persons with disabilities in the state workforce. Requires state agencies with or more employees to submit an annual report that includes disability employment statistics.

Requires government departments and agencies of Guam to adopt rules and regulations for the hiring of individuals with severe disabilities. Requires such departments and agencies to employ at least 2 percent of the workforce with severe disabilities. Allows this goal to be met either through direct employment or through contracting with nonprofit organizations employing people with disabilities.

Provides that departments and agencies should provide reasonable accommodations to people with severe disabilities, and prohibits them from using standards, criteria or other methods of administration that have the effect of discrimination on the basis of disability, or employment tests or other selection criteria that tend to screen out individuals with disabilities unless the test is related to the job and consistent with government needs.

Requires state personnel rules to provide for the granting of employment preference to individuals with severe disabilities. This includes the right to provisional appointment without competitive assessment for periods of up to four months and the granting of eligibility to an individual with a severe disability provisionally appointed under the rules who demonstrates ability to perform the job for permanent appointment without competitive assessment. States that such provisional employment may not exceed four months during a month period. Allows the State Civil Service Commission to determine up to 1, state positions that can be performed by qualified people with disabilities.

Upon such determination, provides for these positions to be classified in the noncompetitive class and filled only by a certified person with a disability. Requires employees hired under this program to be afforded the same opportunity to take promotional examinations as employees in the competitive class. Relates to employment in state government. Waives written entrance examinations and certain other hiring procedures for persons who are certified as having a severe disability and meet minimum job qualifications.

Requires people hired under this program to be appointed to a probationary period. Establishes a program that allows a qualified person with a disability or a veteran to be appointed to a state job through a department-approved, on-the-job examination. Requires the executive director to make rules establishing standards for the development, approval, and implementation of examining processes, including establishing a department-approved, on-the-job examination to appoint a qualified person with a disability.

Hiring preferences for people with disabilities. Persons with Disabilities Employment Preference. Provides that in an initial hiring for a state, city or county government position, if an eligible job applicant with a disability claims a hiring preference, a public employer shall hire the applicant over any other applicant with substantially equal qualifications who is not a preference-eligible applicant. Provides that the employer shall provide the hiring preference first to a disabled veteran, then a person with a disability, then to other eligible groups in the order defined by law.

Requires government departments and agencies of Guam to adopt rules and regulations for the hiring of individuals with severe disabilities, including the granting of preference credits. States that residents of Guam with disabilities who are able to perform efficiently and safely the duties of the job being applied for shall receive a preferential credit of 5 points that shall be added to their competitive examination score if they receive a minimum passing score or higher.

Provides that if two applicants for government service are equally qualified for the position to be filled, and only one is a beneficiary of this preference, that applicant shall be given the first offer of position. Other approaches that help states be model employers of people with disabilities. Continues within the Department of Administration the position of the State Americans with Disabilities Coordinator, whose duties include advising the state Director of Personnel concerning a statewide ADA compliance program, advising the governor and agency heads on Americans with disability issues, and consulting with state equal employment opportunity officers on the hiring of persons with disabilities.

Department of Labor, Grant No. Any opinions, findings, and conclusions or recommendations expressed in this publication are those of the author s and do not necessarily reflect the views of The Viscardi Center or those of the Office of Disability Employment Policy, U. Employing People with Disabilities. Tasks performed by psychiatric service dogs may include reminding the handler to take medicine, providing safety checks or room searches for persons with PTSD, interrupting self-mutilation, and removing disoriented individuals from dangerous situations.

The difference between an emotional support animal and a psychiatric service animal is the work or tasks that the animal performs. Generally, a service animal is allowed to go wherever the person with the disability can go, meaning that they can go wherever the public is allowed to go. A place of public accommodation must modify its policies to allow a service animal to accompany an individual with a disability, unless it would result in a fundamental alteration or would jeopardize the safe operation of the public accommodation.

In a restaurant, a service animal must be allowed to accompany the person with a disability in all areas that are open to other patrons. In a hospital, the same is true, except that there may be certain areas of the hospital where having a service animal could jeopardize safety, such as in the sterile environment of an operating room. The person with the service animal is responsible for its care and supervision at all times.

The entity is not responsible for the care or supervision of a service animal. Unless it is readily apparent that the animal is a service animal and most of the time, it is apparent , then the entity may ask if the animal is required because of a disability. It is not, however, allowed to require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal.

An entity cannot ask or require an individual with a disability to pay a surcharge, even if people accompanied by pets are required to pay fees, or to comply with other requirements generally not applicable to people without pets. If an entity normally charges individuals for the damage they cause, an individual with a disability may be charged for damage caused by his or her service animal. The regulations issued by the Department of Justice, which were effective as of March 15, , make it clear that ticketing is a covered activity under the ADA.

Prior to that, entities that sold tickets were covered by the ADA, but there were no specific regulations or guidelines related to ticketing. The regulations can be found at 28 C. An entity that sells tickets for a single event or a series of events has to modify its policies, practices, or procedures to make sure that individuals with disabilities have an equal opportunity to buy tickets for accessible seating:.

Individuals with disabilities, and those purchasing tickets for accessible seating for individuals with disabilities, must be informed of the locations of all unsold or otherwise available accessible seating for any ticketed event at the facility. Features of available accessible seating must be identified and described in enough detail to reasonably permit a person with a disability to decide independently whether a given accessible seating location meets his or her accessibility needs.

Materials, such as seating maps, plans, brochures, pricing charts, and other information that identify accessible seating, must be provided to the same level of specificity as other seats, if such materials are provided to the general public. No, entities cannot charge more for accessible seating, and they are not required to charge less, either.

They must provide individuals with disabilities with the opportunity to purchase tickets at all price levels. To do that, they may price accessible seating tickets in proportion to the price of other tickets in the venue. They may not price tickets for accessible seating any higher than the price of other tickets in the same section for the same event, though. For example, if the venue has three different price zones, but all of the wheelchair accessible seats are physically located in the most expensive price zone, then the venue has to figure out what percentage of seats in the venue are priced in each of the zones and then price the accessible seats to that same percentage.

Individuals with disabilities who use wheelchairs or other mobility devices may purchase tickets for accessible seats. Other individuals with disabilities are eligible to purchase tickets for accessible seats if they require the use of the features of accessible seating. A ticket purchaser may, for example, have a service animal that requires the additional space offered by accessible seating.

Or a ticket purchaser may, for example, be unable to navigate stairs, necessitating the need for accessible seating. Tickets for accessible seats may be sold to individuals who require accessible seating themselves or to someone purchasing on their behalf. For each accessible ticket purchased by or for an individual with a disability, an entity must allow the purchase of up to three other tickets for companion seats immediately adjacent to and in the same row as the wheelchair space, so long as there are three such seats available at the time of purchase.

The additional seats may include wheelchair spaces. If people are allowed to buy at least four tickets, and there are fewer than three such additional seat tickets available for purchase, a seller has to offer the next highest number of such seat tickets available for purchase and must make up the difference by offering tickets for sale for seats that are as close as possible to the accessible seats. If ticket sales are limited to fewer than four seats per patron, then the obligation is to offer as many seats to buyers with disabilities, including the ticket for the wheelchair space, as would be offered to buyers without disabilities.

If buyers are allowed to purchase more than four tickets, then buyers with disabilities must be allowed to purchase up to the same number of tickets, including the ticket for the wheelchair space. If a group includes one or more people who need to use accessible seating because of a mobility disability, or because the disability requires the use of the accessible features that are provided in accessible seating, the group must be placed in a seating area with accessible seating so that, if possible, the group can sit together.

If it is necessary to divide the group, it should be divided so that the people in the group who use wheelchairs are not isolated from the group. Tickets for accessible seating may be released for sale in certain limited circumstances. Unsold tickets for accessible seating may be released only under the following circumstances:.

A facility is not required to release tickets for accessible seating to individuals without disabilities, but it may under the three conditions above. When series-of-events tickets are sold out, and the entity sells the accessible seats to people without disabilities for a series of events, the entity must establish a process by which those seats are not automatically reassigned to those ticket holders for future seasons or years.

Individuals with disabilities who need accessible seating, and who become newly eligible to purchase tickets when these series-of-events tickets are available for purchase, must be given the opportunity to do so. When series-of-events tickets with an ownership right in accessible seating areas are forfeited or otherwise returned to an entity, there must be a process in place so that individuals with mobility disabilities, or individuals with disabilities that require accessible seating, have the chance to purchase such tickets in accessible seating areas.

Individuals with disabilities who hold tickets for accessible seating must be permitted to transfer tickets, meaning to give or sell, to third parties to the same extent as other individuals holding the same type of tickets, whether they are for a single event or a series of events. People with disabilities may use tickets purchased on the secondary ticket market under the same terms and conditions as other individuals who purchase tickets on the secondary ticket market for the same event or series. If a person with a disability gets a ticket to an inaccessible seat through the secondary market, the individual must be allowed to exchange the ticket for one to an accessible seat in a comparable location, if such a seat is available at the time the ticket is presented to the venue.

For the sale of single-event tickets, it is permissible to ask whether the person purchasing the tickets for accessible seating has either a mobility disability or a disability that requires the use of the features of the accessible seating, or is purchasing the tickets for a person who meets those criteria. For series-of-events tickets, it is permissible to ask the person purchasing the tickets for accessible seating to attest in writing that the accessible seating is for a person who has a mobility disability or a disability that requires the use of the features of the accessible seating.

Individuals with disabilities must be able to make reservations for accessible guest rooms at a place of lodging during the same hours and in the same manner as others.

This is true whether the reservation is made by telephone, in-person, or online through a website. Places of lodging have to describe the accessible features of the facility and the guest rooms that are offered through the reservation system in enough detail that the person with a disability is able to assess whether it meets individual accessibility needs. Information, including photos or drawings, may be posted online or included in brochures. Staff members who provide customer service must know about the accessibility features so that they can answer questions about the features and accessible routes to and through the facility.

Staff must be able to answer questions about the guest rooms and bathrooms, the availability of accessibility equipment such as bath benches or visual alert devices, and the accessibility of common areas such as meeting rooms, restaurants, bars, pools, business centers, and fitness centers. Yes, but accessible guest rooms must be held for use by individuals with disabilities until all other guest rooms of that type have been rented. When a reservation is made for an accessible guest room, the specific accessible guest room reserved has to be held for that customer and the room must be removed from the reservation system.

Reservations made through travel agents or online travel services have to provide accessible rooms and must provide information about the accessible features of the facility and the rooms. The Rehabilitation Act of , often called the Rehab Act, prohibits discrimination on the basis of disability in programs conducted by federal agencies, in programs receiving federal financial assistance, in federal employment, and in employment practices of federal contractors.

There is a right to reasonable modification under Section Individuals who meet the definition of disability are covered. The definition is the same as it is for the ADA. It applies to any entity that receives federal financial assistance. This includes a lot more places than you might think about when you first hear that. Of course, it covers nearly all government entities.

It also covers nearly all colleges, universities, and trade schools. Many private schools and day care centers are also covered, as are most health care facilities. The plan is written by a team of people who are knowledgeable about the student. Each federal agency has its own set of Section regulations that apply to its own programs. Agencies that provide federal financial assistance also have Section regulations covering entities that get federal aid. Those entities that get federal financial help must provide reasonable accommodation for employees with disabilities, program accessibility, effective communication with people who have hearing or vision disabilities, and accessible new construction and alterations.

Each agency enforces its own regulations. Section can also be enforced by people with disabilities who have been discriminated against through private lawsuits. Section requires affirmative action and nondiscrimination in employment by federal agencies. Federal employees with disabilities have the right to reasonable accommodations. It also provides for a right to reasonable accommodations. For more information about Section , you can visit the Office of Federal Contract Compliance Programs website at www. Section has certain accessibility requirements for electronic and information technology used by the federal government.

Federal government websites must be accessible to people with different kinds of disabilities. IDEA has a list of eligibility categories. In addition to having a disability that fits into one of the categories, the child must, by reason of the disability, need special education and related services in order to receive a free appropriate public education sometimes referred to as FAPE.

The eligibility categories are: Some of these include that the IEP must be developed by a team of knowledgeable persons and the IEP must be reviewed at least annually. At a minimum, the IEP team must have the following members: Related services are services that students may need in order to benefit and receive a free appropriate public education from the educational program. Only students who are eligible for special education services under IDEA are eligible for these related services.

Disability Employment

Some of the more common related services are: Yes, if they are eligible for services under IDEA. From birth to age three, states have early intervention programs for children who have developmental delays. Services for eligible children who are three and older, but have not yet reached their 22nd birthday on September 1 of the current school year, are provided by local school districts. The school will ask you to sign a consent for testing.

You have the right to know about the abilities, skills, and knowledge that the school will evaluate, as well as a description and explanation of the procedures, tests, records, and reports they will be using in the evaluation. The IEP team is supposed to identify positive behavioral interventions and supports, recognize antecedents to inappropriate behavior, and develop other strategies to address the behavior.

It is important that both the parents and the school make a good faith effort to come to an agreement about the IEP, but sometimes, agreement is not possible. There are several options for parents in this situation. Parents may, of course, do nothing. In that case, the school will implement its plan, even over parental objections.

Job Seekers

Parents may choose to remove a child from public school in favor of private school or home school placement. Parents may request a mediation to try to resolve the areas of disagreement. Parents may speak with the State education agency about the possibility of filing a complaint. As a last resort, parents may file for a due process hearing. This is an administrative hearing presided over by an independent hearing officer. There are four key federal disability rights laws that affect housing for people with disabilities.

The first is the Architectural Barriers Act ABA , which covers all buildings owned or leased by the federal government. Section of the Rehabilitation Act also covers housing if the housing was built with federal funds or receives federal financial assistance.

The Architectural Barriers Act was the very first federal law that required certain buildings to be accessible to people with disabilities. It was passed in The ABA covers all buildings that are constructed or leased by the federal government, as well as any buildings built with a loan or a grant from the federal government, if the legislation authoring the grant or loan specifies compliance with the ABA. Remember that covers all entities that receive federal financial assistance. So covers housing built with federal funds, as well as housing entities that get federal funds.

Almost all public housing receives federal assistance. In addition, most post-secondary housing, like dorms or apartments run by an educational entity, is covered by because most post-secondary institutions get federal financial assistance. Title II covers programs of state or local governments, which includes housing. Title II requires new construction and alterations to have no architectural barriers that restrict access or use. Each part of a facility built after January 26, must be designed and constructed to be accessible. Title II applies to individual housing units as well as offices, recreational areas, and other parts of a housing complex that might not be covered by the FHA.

Title III covers places of public accommodation associated with housing. Just like under Title II, new construction and alterations must have no architectural barriers. Facilities built for first occupancy after January 26, and before March 15, should have been built in compliance with the ADA Standards for Accessible Design. Architectural and structural communication barriers in existing buildings must be removed if the removal is relatively easy to accomplish without much difficulty or expense.

In fact, there are more than 40, state and local building code jurisdictions nationally. In addition, there are many state and local fair housing laws and those might have additional or different access requirements. When the Fair Housing Act was first passed in , it prohibited housing discrimination based on race, color, religion, and national origin. Sex discrimination in housing was added in Then, in the FHA was changed again to include familial status meaning that housing discrimination based on whether there were children under the age of 18 in the family was unlawful and disability.

Including disability caused a lot of changes to the law because, for the other kinds of discrimination addressed by the law, it was enough to not refuse to sell or rent to, or otherwise treat unfairly, people in those protected classes. With disability, though, design and construction requirements were also necessary so that people with disabilities could access housing.

Yes, it is unlawful to discriminate in any aspect of selling or renting housing to an individual with a disability because of the disability. It is important to note that the Fair Housing Act requires landlords to make reasonable accommodations to their policies so that people with disabilities have equal housing opportunities and to permit people with disabilities to make reasonable modifications to their units or common areas.

An apartment complex that does not allow pets would have to modify that policy to allow an individual with a disability who uses a service animal, or an emotional support animal, to have the animal. A housing project that does not allow reserved parking spaces would have to modify that policy so that a person who uses a wheelchair or who has very limited mobility could park in a spot close to the apartment unit.

The landlord is correct that he does not have to put that ramp in for you. However, he must allow you to put in the ramp for yourself. You will be responsible for the cost involved and you will need to restore the area to its previous condition when you move. The design and construction requirements are for multifamily dwellings that were designed and constructed for first occupancy after March 13, All the units are covered if the building has four or more units and has an elevator.

If there is no elevator, then all ground floor units are covered. In addition to the usual kinds of housing, the FHA applies to time-shares, transitional housing, homeless shelters, student housing, and assisted living facilities. I tried to rent an apartment, but because I have a child with Down Syndrome, the apartment manager said I would have to pay double the usual deposit. The FHA makes it unlawful to discriminate against a person who is associated with a person with a disability. The apartment manager cannot increase your deposit simply because your child has a disability.

However, alarms and other emergency warning systems that are installed in public and common use areas must be accessible. Alarms placed in these areas must have audible and visual features. The Fair Housing Act's design and construction requirements do not require installation of visual alarms on the interior of dwelling units; however, if there is a building alarm system provided in a public and common use area, then the system must have the capability of supporting an audible and visual alarm system in individual units.

The Fair Housing Act's obligation on housing providers to make reasonable accommodations so people with disabilities may use and enjoy the property may require a housing provider to make adjustments in emergency alarm systems, whether located in public and common use areas or in individual units, so that they are accessible to and usable by people with disabilities. The garbage dumpster itself is not covered by the design and construction requirements. However, a sufficient number of garbage dumpsters must be located on an accessible route.

If an enclosure is built around the dumpster, the opening must have a 32 inch clear width and an accessible route must be provided to the dumpster door. If parking is provided at the dumpster, accessible parking must also be provided. You can go to the Fair Housing Accessibility First website at www. Washington DC www. Of course, all of the programs of the Social Security Administration SSA are available to people who have disabilities and people who do not have disabilities.

There is also the Ticket to Work program that helps people who are getting SSI or SSDI to attempt to return to work with supports that protect benefits and gradually transition people to self-sufficiency. It provides cash assistance to meet very basic needs for food, gas, water, electricity, and shelter. But remember that one of the requirements for SSI is that you have very limited or no income initially, and few financial assets or resources.

It pays benefits to a person who has a disability as defined by SSA, but again, we will get to that later , and sometimes even to family members of the person with a disability, if the person worked long enough and paid Social Security taxes. You may apply by calling You can also just go to a Social Security office without an appointment, but you will probably have to wait a long time.

The easiest way is to do as much as possible of the application process online. The Social Security Administration sends your application to a state agency that makes disability decisions. The state has medical and vocational experts who contact your healthcare providers to get information and records. The state agency might ask you to have a medical exam or tests. You do not have to pay for this. If the state does notify you that it is requesting that you be at a certain healthcare office or facility for an exam or test, be sure to keep that appointment.

You also may contact this agency to make sure they do not need anything else. They are receiving the information from the medical sources that you provided and can add any additional information that you may have forgotten initially. Most people will be denied when they first apply. You appeal that decision.

The letter you get will tell you how to do that. Or you can complete paper forms and submit them. But either way, you must request reconsideration within 60 days. Even on reconsideration, though, most people are still denied benefits. Reconsideration generally takes another months.

Both can be submitted online or on paper. Again, this appeal must be filed within 60 days. This is the time when you may want to find an attorney or advocate to help you develop what will be submitted both prior to and during the hearing. Actually, you will probably have to wait a lot longer than that to get to the hearing. In some places, the wait for a hearing is longer than a year.

It is impossible to say how long your wait will be, but your lawyer or advocate can probably give you an idea of the wait you can expect in your area. That is a little difficult to answer because each hearing is a little different, but they do have some things in common. In the hearing, you will have a chance to explain to the judge why you believe that you should get benefits. You may want to have a vocational assessment to present as part of your evidence of your ability to work, rather than relying on the vocational assessment done by a vocational expert appointed by the agency.

You cannot do this online at this time. It must be filed on paper. The form is available online or you can call Your request will go to the Office of Disability Adjudication and Review. Someone there will review your medical records and notify you in writing about the decision on your case. If you do not prevail in your appeal to the Appeals Council, you can file suit in federal court. You must have a lawyer if you file the appeal in federal court. The case will be filed on your behalf against the Social Security Administration. A federal district court judge will hear the case and notify you in writing of the decision in your case.

You are not required to have a lawyer. However, it might be a good idea to have a lawyer help you, especially if you are going to have a hearing before a Social Security Administrative Law Judge. Also, a lawyer will help to ease some of the fear and nervousness that most people feel when they go into a courtroom setting. Social Security law sets out how lawyers get paid and no lawyer is allowed to charge you more than that. There might be a very small expense deposit to cover the costs of mailing and copies and those kinds of out-of-pocket expenses.

And the lawyer is paid only if you get benefits. If you do not prevail in your case, then the lawyer does not get a fee and cannot ask you to pay a fee. Therefore, there are almost as many definitions of disability as there are disability laws. Social Security pays only for total disability. Social Security law defines disability as the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment s which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.

Disability, under Social Security law, is based on your inability to work. You will meet the Social Security definition of disability if SSA finds that you cannot do the work you did before; you cannot adjust to other work because of your medical condition s ; and your disability has lasted or is expected to last for at least one year or result in death.

This is a strict definition of disability. The impairment must be established by medical evidence consisting of signs, symptoms, and lab findings — and not simply by a person listing the symptoms. Lots of times, people will bring a letter from a doctor that says that they have a disability. This goes back to the definition of disability being legal rather than medical. Your doctor, probably, is not a lawyer. So SSA is not that interested in the legal opinion of your doctor.

What SSA wants from your doctor is evidence in the form of clinical notes and diagnostic tests and lab findings. SSA wants to know what treatments have been tried and how they have, or have not, worked. SSA wants to know about side effects of treatments and medications. SSA wants to know how your condition affects your ability to function and do work-related activities.

Social Security does not have a list of disabilities. What it has is a Listing of Impairments. The Listing of Impairments describes impairments that are considered severe enough to prevent a person from gainful work-related activities. It goes into detail about the criteria under which each condition is considered. Just because your condition is in the Listing of Impairments does not mean you will automatically get benefits. Medicare helps pay hospital and doctor bills, as well as prescription medication, and it will go into effect after you have gotten benefits for at least 24 months, unless you have ALS or need long-term dialysis for chronic kidney disease or need a kidney transplant.

Medicare pays roughly 80 percent of reasonable charges. If you want doctor bills and prescription medications covered, you may be required to pay a monthly premium. If you get SSI, you will get Medicaid the name varies in some states. Medicaid covers all of the approved charges of the patient. In some states, Medicaid coverage is automatic, and in some states, you will be required to apply separately for that coverage.

Social Security rules make it possible for people to test their ability to work without losing their benefits. The EN, if it accepts the ticket, will help the person find and maintain employment. It was passed by Congress in In , the Department of Transportation published implementing regulations, which have been updated numerous times, with the most recent update, as of this writing, taking effect in It does cover all kinds of disabilities.

The ACAA protects individuals who have a disability. Under the ACAA, an individual with a disability is a person who has a physical or mental impairment that, on a permanent or temporary basis, substantially limits one or more major life activity, has a record of such an impairment, or is regarded as having such an impairment.

There is one important difference, though. The ACAA covers even temporary disabilities, such as broken legs. Airlines cannot refuse a passenger just because that passenger has a disability. Also, airlines cannot limit the number of people with disabilities on a particular flight. The only exceptions are if the individual with a disability would endanger the health or safety of other passengers, violate a Federal Aviation Administration FAA safety rule, or if the plane has fewer than 19 seats and there are no lifts or boarding chairs available that can adapt to the space limitations of such a small plane.

An air carrier must not require any kind of proof as a condition for the provision of transportation, except in some very limited circumstances. If a person is traveling in a stretcher or incubator, needs medical oxygen during a flight, or if there is reasonable doubt that the person can complete the flight safely without requiring extraordinary medical assistance during the flight, then the air carrier may require a written statement from a physician saying that the passenger is capable of completing the flight without requiring extraordinary assistance during the flight.

It must be dated within ten days of the initial departing flight. The air carrier may also require such a written statement if the passenger has a communicable disease that could pose a direct threat to the health or safety to others on the flight.

It should also state what precautions should be taken to prevent transmission and it must be written within ten days of the flight for which it is presented. However, if the passenger with a disability will require certain specific services, then advance notice must be provided. An air carrier may require that a passenger with a disability who requires carrier-supplied inflight medical oxygen give up to hour advance notice on international flights and hour advance notice on domestic flights, and check in one hour before the check-in time for the general public.

And hour advanced notice and check-in one hour before the check-in time for the general public is required for the on-board use of a ventilator, respirator, CPAP machine or portable oxygen container POC. An air carrier does not have to allow an incubator or a person who must travel on a stretcher on the plane, but if it chooses to do so, it can require hour advance notice and check-in one hour before the check-in time for the general public.

Air carriers can also require hour advance notice and check-in one hour before the check-in time for the general public in order to receive any of the following:. It is up to the air carrier to provide the service or accommodation if the advance notice is given, and to make sure that reservations and other administrative services ensure that, when the advance notice is given, the notice is communicated, clearly and on time, to the people who will be responsible for providing the service or accommodation.

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