Overview of Major Federal Disability Laws

Kim MushenoAssociation of

University Centers

on Disabilities (AUCD)

National Conference on Disability Inclusion: December 8, 2011

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AUCD research, education, service

Nonprofit organization that supports a nationwide network of over 100 university-based interdisciplinary centers and programs.

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AUCD - NSIP

AUCD promotes the full inclusion of people with disabilities as active members in national service through the National Service Inclusion Project.

NSIP is a partnership between the Institute for Community Inclusion at the University of Massachusetts-Boston and AUCD.

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Major laws covered

Rehabilitation Act Americans with Disabilities Act Social Security Medicare Medicaid

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Rehabilitation Act of 1973

Authorizes formula grant programs of vocational rehabilitation, supported employment, independent living, and client assistance. Also authorizes a variety of training and service

discretionary grants administered by the Rehabilitation Services Administration.

Section 504 is one of the nation’s first laws barring discrimination base on disability.

Simply made it illegal to for recipients of federal funds to discriminate on the basis of disability.

Modeled on Title VI of Civil Rights Act of 1964.

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Rehab Act – Sec. 504 Applies to:

Almost all public school districts Public and most private colleges and universities. Health and social services programs. Public housing authorities, cities and towns that

receive Community Development Block Grants (CDBG) or other federal funds, private for-profit or non-profit housing developers, and student housing.

Transportation services Applies to the Corporation for National Service

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Rehab Act - employment Section 501 requires affirmative action and

nondiscrimination in employment by Federal agencies of the executive branch.

Section 503 requires affirmative action and prohibits employment discrimination by Federal government contractors and subcontractors with contracts of more than $10,000.

Section 508 - all electronic and information technology developed, maintained, procured, or used by the Federal government must be accessible to people with disabilities, including employees.

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Americans with Disabilities Act (ADA) - 1990

Title I – Employment Title II – State and

Local Governments Title III – Public

Accommodations

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ADAA of 2008 (PL 110-325)

ADA Amendments Act of 2008 – Signed on Sept. 25 2008

Final Rules published on March 25, 2011

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What does ADAAA do? People with some types of disabilities, e.g.

epilepsy, diabetes, multiple sclerosis, major depression, and bipolar disorder, had been unable to bring ADA claims because they were found not to meet the ADA’s definition of “disability.”

Reinstates “broad scope of protection” by expanding the definition of the term “disability.”

Makes it easier for individuals seeking the law’s protection to demonstrate that they meet the definition of “disability.”

Changes also apply to Rehab Act.

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Title I ADA – Employment Prohibits discrimination on the basis of disability in employment.

Requires employers with 15 or more employees to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities.

Prohibits discrimination in recruitment, hiring, promotions, training, pay, social activities.

Restricts questions that can be asked about an applicant's disability before a job offer is made, and…

Requires employers make reasonable accommodation to the known physical or mental limitations of otherwise qualified individuals with disabilities, unless it results in undue hardship.

Undue hardship: action requiring significant difficulty or expense when considered in light of factors such as an employer’s size, financial resources, and the nature and structure of its operation.

Reasonable accommodations

Adjustments or modifications provided by an employer to enable people with disabilities to enjoy equal employment opportunities.

Accommodations vary depending upon the needs of the individual applicant or employee.

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Reasonable AccommodationsExamples

A deaf applicant may need a sign language interpreter during the job interview.

An employee with diabetes may need regularly scheduled breaks during the workday to eat properly and monitor blood sugar and insulin levels.

A blind employee may need someone to read information posted on a bulletin board.

An employee with cancer may need leave to have radiation or chemotherapy treatments.

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Title II ADA- State and local governments Must provide equal opportunity to benefit from programs,

services, and activities (e.g. public education, employment, transportation, recreation, health care, social services, courts, voting, and town meetings).

Must follow specific architectural standards in the new construction and alteration of buildings.

Relocate programs or otherwise provide access in inaccessible older buildings, and communicate effectively with people who have hearing, vision, or speech disabilities.

Public entities are not required to take actions that would result in undue financial and administrative burdens.

They are required to make reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination, unless they can demonstrate that doing so would fundamentally alter the nature of the service, program, or activity being provided.

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Title IIIPublic accommodations Includes restaurants, hotels, theaters, private schools,

doctors' offices, homeless shelters, transportation depots, funeral homes, day care centers, and recreation facilities, etc. Transportation services provided by private entities are also covered by Title III. Must comply with basic nondiscrimination

requirements that prohibit exclusion, segregation, and unequal treatment.

Courses and examinations related to professional, educational, or trade-related applications, licensing, certifications, or credentialing must be accessible.

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An individual with a disability

is defined by Rehab Act and ADA as a 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

(even if no visual impairment in fact exists, e.g. HIV positive)

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Sec. 504 and ADA (Title II)

Also used to obtain equal access to educational services for students with disabilities that do not qualify under IDEA.

E.g. some students with ADD or ADHD, learning disabilities, health needs, communicable diseases such as HIV, or physical disability

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Social Security Created in 1935 as a social insurance program

designed to pay retired workers age 65 or older a continuing income

Medicare and Medicaid added in 60s and 70s Social Security Disability Insurance (SSDI)-- pays

benefits to people with disabilities provided that they have been in the work force for a set amount of time and paid Social Security taxes.

Supplemental Security Income (SSI) -- pays benefits based on financial need.

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SSDI Eligibility Disability benefits are payable to blind or disabled

workers, widow(er)s, or adults disabled since childhood, who are otherwise eligible.  The amount of the monthly disability benefit is based on the

Social Security earnings record of the insured worker. Based on inability to work because of a medical

condition.  Must be unable to do work performed before the disability. Disability must last or be expected to last for at least one year or

to result in death. Financed with Social Security taxes paid by workers,

employers, and self-employed persons. 

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SSI Eligibility

SSI disability benefits are payable to adults or children who are disabled or blind, have limited income and resources, meet the living arrangement requirements, and are otherwise eligible. 

Monthly payment varies up to the maximum federal benefit rate, which may be supplemented by the State or decreased by countable income and resources. 

Financed through general revenues. 

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SSI Eligibility

SSI payment for an eligible individual is $637 per month and $956 per month for an eligible couple.

Generally, the more income you have, the less your SSI benefit will be.

If your countable income is over the allowable limit, you cannot receive SSI benefits. Some of your income may not count as income for the SSI program, however.

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Work Incentives

Trial work period –if individual earns more than $670 a month for 9 months (not necessarily consecutive)

SGA -When worker reaches “Substantial Gainful Activity Level”, currently $940 per month, the disability payments will stop. (SGA for blind individuals is $1,570.)

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Ticket to Work Authorized under the Ticket to Work and Work

Incentives Act of 1990. Increases choice in obtaining rehabilitation and

vocational services through use of “tickets”. Extends coverage to Medicare offers states option

to allow beneficiaries to buy into Medicaid. Work Incentives Planning and Assistance Projects

or WIPAs-- funded to assist SSA disability beneficiaries with information about work incentives, benefits planning, and making good choices about work.

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Medicare Medicare is a federal insurance program.

Medical bills are paid from trust funds which those covered have paid into.

Serves people over 65, whatever their income; and younger people with disabilities.

Patients pay part of costs through deductibles for hospital and other costs. Small monthly premiums are required for non-hospital coverage.

Eligible after 24 months of SSDI eligibility.

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Medicaid

Medical assistance program for low-income people of every age.

Available to most SSI recipients. Medical bills are paid from federal, state and

local tax funds. Patients usually pay no part of costs for

covered medical expenses. A small co-payment is sometimes required.

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Resources

ODEP integrated employment tool kit: http://www.dol.gov/odep/ietoolkit/ Customize employment Using labor market data Networking with businesses How to use PASS and other Work Incentives

Primers on ADA and regulations: http://www.ada.gov/

Disability Civil Rights: http://www.disabilityinfo.gov/

AUCD: www.aucd.org

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Disability Policy Seminar

April 23-25, 2011 in Washington, DC•Amazing opportunity to learn about the federal policy issues and take action.•Policy Seminar home page to register, get program, and fact sheets: disabilitypolicyseminar.org

Disability Inclusion and National Service

Programs

Douglas Hilton

Associate General Counsel

Corporation for National and Community Service

Disability Inclusion and National Service Programs

Statutes National and Community Service Act of 1993

(NCSA) Domestic Volunteer Service Act of 1973 (DVSA)

Programs AmeriCorps (State and National, NCCC

and VISTA) Senior Corps (SC, FGP, RSVP) SIF, VGF, NCBF and other smaller

programs

Disability Inclusion and National Service Programs

Effect of National Service Disability Provisions on Programs

Nondiscrimination Provisions

– Reasonable Accommodation

Disability Inclusion and National Service Programs

Effect of National Service Disability Provisions on Programs

Funding

Evaluation

Disability Inclusion and National Service Programs

Effect of Serving in a National Service Program on Participants Who Have Disabilities

VISTA and Senior Corps (DVSA) Income Disregard

AmeriCorps S/N, NCCC, SIF, etc. (NCSA) Income Disregard

Questions?

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Thank you