Disability Laws and Rights: What Youth with Vision Loss Need to Know
As youth with vision loss transition out of high school, it is important for families to know about the laws protecting individuals with disabilities from discrimination in postsecondary education, employment, and the community.
Explore the links below to learn the basics of important federal laws and the rights and services they can provide to individuals who are blind, visually impaired or DeafBlind.
The Americans with Disabilities Act (ADA)
What it says
ADA prohibits discrimination of people with disabilities by:
- All qualifying private employers
- All state and local government programs, including the public schools
- All places of public accommodation, including non-religiously controlled colleges and universities and test agencies
- Public Transportation
- Telecommunications
Who is protected
The ADA defines "disability" as a person who has a physical or mental impairment that substantially limits one or more major life activities. The ADA also protects someone who has a record of having such an impairment or is regarded as having an impairment. The ADA Amendments Act of 2008 (ADAAA) requires that the definition of disability be interpreted broadly.
In addition, the law protects individuals who are discriminated against because of their association with a person with a disability.
The impact
It is illegal to discriminate on the basis of disability in schools, workplaces, government programs, public spaces, transportation and telecommunications. For example, local governments that provide fixed route transportation systems such as buses must provide paratransit services that provide door to door transportation services to individuals who cannot use the fixed route transportation system because of their disability.
A major achievement of the ADA is that it is the first law that prohibits disability-based discrimination by public accommodations such as privately-owned entertainment and shopping facilities. Places of public accommodation include restaurants, retail stores, movie theaters, private schools, doctors' offices, transportation depots, zoos, fitness clubs, privately operated transportation, and courses and examinations related to educational application and professional licensing and certifications.
For more information
Section 504 of the Rehabilitation Act of 1973
What it says
Section 504 of the Rehabilitation Act of 1973 states that “No otherwise qualified individual with a disability in the United States shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”
Who is protected
Like the ADA, Section 504 defines "disability" as a physical or mental impairment that substantially limits one or more major life activities. Section 504 also protects someone who has a record of having such an impairment or is regarded as having an impairment.
"No otherwise qualified individual" means that, to be protected against discrimination on the basis of his or her disability, a person must meet all other requirements for participating in a program.
The impact
Section 504 of the Rehabilitation Act guarantees that individuals with disabilities are equal under the law and have the right of equal access to federally funded schools, hospitals and other federally funded programs. It prohibits discrimination on the basis of disability by any program or activity that receive federal financial assistance. For example, postsecondary education programs that receive federal funds cannot refuse to allow a student with a vision impairment to enroll in online courses. They must ensure that their online curricula and instructional programs are accessible to individuals with disabilities who use screen readers.
For more information
Workforce Innovation and Opportunity Act (WIOA)
What it says
Section 188 of The Workforce Innovation and Opportunity Act (WIOA) prohibits discrimination in employment and in the administration of, or in connection with WIOA Title I-financially assisted programs and activities. WIOA disability-related provisions are based on Section 504 and the ADA. WIOA also focuses vocational rehabilitation outcomes on competitive integrated employment.
Who is protected
Individuals cannot be discriminated against because of disability, race, color, religion, sex, national origin, age, political affiliation or belief, or citizenship status. WIOA regulations also prohibit discrimination on the basis of national origin against individuals who are limited English proficient.
The impact
WIOA employment programs cannot discriminate against individuals with disabilities, for example, by exclusively directing people with disabilities to vocational rehabilitation services or State Services for the Blind for assistance. Individuals with disabilities must have access to inclusive employment programs. Individuals with disabilities served in WIOA programs are entitled to reasonable accommodations and effective communication if needed to access services.
For more information
Fair Housing Act
What it says
Under the Fair Housing Act, it is unlawful to:
- “Refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, disability, familial status, or national origin.
- Refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling...”
Who is protected
The definition of an “individual with a disability” is the same as that stated in the Americans with Disabilities Act: a person who has a physical or mental impairment that substantially limits one or more major life activities; a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment.
The impact
The Fair Housing Act prohibits discrimination on the basis of disability when renting or purchasing a home. It also provides for reasonable accommodations to ensure equal opportunity to use and enjoy a dwelling. For example, a landlord with a "no pets" policy may be required to grant an exception to this rule and allow an individual who is blind to keep a guide dog in the residence.
For more information
White Cane Laws
What it says
White Cane Laws vary by State. The National Federation of the Blind provides a model White Can Law which includes the following provisions:
- Protected individuals have the same right as individuals without vision impairment to the full and free use of the streets, highways, sidewalks, walkways, public buildings, public facilities, and other public places
- The right to be accompanied by a specially trained guide dog without being required to pay an extra charge...
- The driver of a vehicle approaching a totally or partially blind pedestrian who is carrying a predominantly white or metallic cane or using a guide dog shall take all necessary precautions to avoid injury to such blind pedestrian.
Who is protected
Individuals who are blind, visually impaired or have physical disabilities.
The impact
Individuals using a white cane have the right to use their cane in public places and have the right-of-way when crossing the road. In some states, including Minnesota, it is illegal for an individual who is not legally blind to carry a white painted cane.
For more information
The Voting Accessibility for the Elderly and Handicapped Act of 1984
What it says
"It is the intention of Congress in enacting this chapter to promote the fundamental right to vote by improving access for handicapped and elderly individuals to registration facilities and polling places for Federal elections."
Who is protected
Although an outdated term, the word "handicapped" was used in this law to mean having a temporary or permanent physical disability.
The impact
This law requires accessible polling places in federal elections for elderly individuals and people with disabilities. Where no accessible location is available to serve as a polling place, voters must be provided an alternate means of voting on Election Day.
For more information
Telecommunications Act of 1996
What it says
Manufacturers of telecommunications equipment and providers of telecommunications services are required to ensure that their equipment is designed and manufactured to be accessible to individuals with disabilities, if doing so would be readily achievable.
Section 255, Access by Persons with Disabilities
“MANUFACTURING – a manufacturer of telecommunications equipment or customer premises equipment shall ensure that the equipment is designed, developed, and fabricated to be accessible to and usable by individuals with disabilities, if readily achievable.
TELECOMMUNICATIONS SERVICES – A provider of telecommunications service shall ensure that the service is accessible to and usable by individuals with disabilities, if readily achievable.
COMPATIBILITY – Whenever the requirements of above subsections are not readily achievable, such a manufacturer or provider shall ensure that the equipment or service is compatible with existing peripheral devices or specialized customer premises equipment commonly used by individuals with disabilities to achieve access, if readily achievable.”
Who is protected
The definition of an “individual with a disability” is the same as that stated in the Americans with Disabilities Act: a person who has a physical or mental impairment that substantially limits one or more major life activities; a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment.
The term “readily achievable” means easily accomplishable and able to be carried out without much difficulty or expense. In determining whether an action is readily achievable, the law lists four factors to be considered.
The impact
The Telecommunication Act ensures that people with disabilities will have access to a broad range of products and services such as telephones, cell phones, pagers, call-waiting, and operator services.
For more information
The Twenty-First Century Communications and Video Accessibility Act of 2010
What it says
The Twenty-First Century Communications and Video Accessibility Act contains groundbreaking protections to enable people with disabilities to access emerging 21st century broadband, digital, and mobile technologies. “Manufacturers of equipment used for advanced communications services, including end user equipment, network equipment, and software, shall ensure that the equipment and software that they offer for sale or otherwise distribute in interstate commerce shall be accessible to and usable by individuals with disabilities, unless the requirements of this subsection are not achievable.”
Who is protected
The definition of an “individual with a disability” is the same as that stated in the Americans with Disabilities Act: a person who has a physical or mental impairment that substantially limits one or more major life activities; a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment.
The impact
The purpose of the Act is to increase the access of people with disabilities to modern communications. For example, smart phones must be usable by individuals who are blind and visually impaired as well as people with hearing aids. The law includes provisions to ensure that people with disabilities have access to 911 services and emergency information on the television. There are also requirements for a minimum number of hours of video description in top TV markets.
For more information
The Air Carriers Access Act of 1986
What it says
The Air Carrier Access Act of 1986 prohibits both U.S. and foreign carriers from discriminating against passengers on the basis of disability; requires carriers to make aircraft, other facilities, and services accessible; and requires carriers to take steps to accommodate passengers with a disability.
Who is protected
As in the ADA, individual with a disability means any person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment.
“Qualified individual with a disability” means a passenger with a disability who buys a ticket or makes a good faith attempt to purchase a ticket and is at the airport for the purpose of traveling on that flight; or when accompanying or meeting a traveler, using ground transportation, using terminal facilities, or obtaining information about schedules, fares, reservations, or policies.
The impact
Airlines must not discriminate against any qualified individual with a disability. For example, carriers must offer preboarding to passengers with a vision impairment or other disability who self-identify at the gate as needing additional time or assistance to board, stow accessibility equipment, or be seated. Flight attendants may offer individualized onboard safety instructions to passengers with disabilities but cannot require individuals to accept them.
For more information
Additional Resources
- US Department of Justice Guide to Disability Rights Laws
- National Federation of the Blind, Laws and Legislation
- PACER’s National Parent Center on Transition and Employment, Laws and Rights