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Disability Law: Home

Disability Law

Disability Law is defined as "laws related to individuals with disabilities [that] largely protect persons with disabilities from certain kinds of discrimination, particularly regarding employment, housing, education, and access to public services." [X] Disability rights law has expanded substantially in the last half-century, especially with the passage of the Americans with Disabilities Act (ADA) in 1990 and amendments in 2008; however, protections for persons with disabilities are present in many places (federal, state, and local laws; Supreme Court decisions; etc.) as you will see when you explore the resources on this page.

Disability is defined by the ADA as "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 ADA does not specifically name all impairments that are covered. 

A Disability can be physical, mental, visible, or invisible. It is important to recognize implicit bias when addressing disability because not all people who have a disability show visible signs of their disability.

Relevant Subject Headings

For a list of subject headings for visual and physical disabilities, visit the National Library Service for the Blind and Print Disabled at the Library of Congress

For more terms and subject headings, visit the Library of Congress' "People with Disability" Subject Heading.

Keeping Current with Disability Law

Recent Legal News & Developments from the ABA

Disability Scoop is the nations largest news organization devoted to covering developmental disabilities.

The National Council on Disability provides up to date news and resources for people with disabilities.

The American Association on Health and Disability provides weekly updates on information related to Disability and Public Health.

The International Disability Alliance provides news related to Disability from the United Nations.

The Human Rights Watch provides news related to Disability from around the world.

SSRN Disability Law eJournal hosts largely free, open source journal articles related to Disability Law

Key Federal Disability Laws

The Americans with Disability Act of 1990 (ADA) prohibits discrimination and guarantees that people with disabilities are awarded the same opportunities as those without disabilities to participate in the "mainstream of American life". For a breakdown of the ADA Standards, visit the U.S. Access Board's ADA Standards Guide.

Individuals with Disabilities Education Act (IDEA) ensures a free and appropriate public education to eligible children wth disabilities.

Architectural Barriers Act (ABA) of 1968 is the first measure by Congress that ensures access to built environments for people with disabilities.

The Rehabilitation Act of 1973 requires that people with disabilities have access to programs and activities that are funded by Federal agencies and to Federal employment.

The Telecommunications Act of 1996 requires all telecommunication products and services to be accessible to people with disabilities.

The Air Carrier Access Act (ACCA) prevents airlines from discriminating against passengers due to their disability. The Department of Transportation is responsible for the enforcement of the ACAA. The Department of Transportation has developed training materials and other resources for those traveling with a disability

Civil Rights of Institutionalized Persons outlines the rights of individuals who have been institutionalized. 

The Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) requires federal contractors and subcontractors to "Take affirmative action to employ, advance in employment, and otherwise treat covered veterans without discrimination."

The Developmental Disabilities Act of 1984 is designed to assist persons with developmental disabilities achieve their maximum potential through increased independence, productivity, and integration into the community

The Fair Housing Act as amended in 1988 prohibits housing discrimination, including disability. Owners of housing facilities must make reasonable exceptions in policies and operations to afford those with disabilities equal housing opportunities. 

The Olmstead v. L.C. Supreme Court Decision held that, under the ADA, individuals with mental disabilities have the right to live in the community if the State's treatment professionals have determined that community placement is appropriate. Individuals with mental disabilities cannot be segregated from the community simply because of their disability.