Legal Rights of Persons With Disabilities - Ossh.com

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PREPARED UNDER THE SUPERVISION OF THE CALIFORNIA ATTORNEY GENERAL'S PUBLIC RIGHTS DIVISION CIVIL RIGHTS ENFORCEMENT SECTION BILL LOCKYER Attorney General RICHARD M. FRANK Chief Assistant Attorney General LOUIS VERDUGO, JR Senior Assistant Attorney General SUZANNE M. AMBROSE Supervising Deputy Attorney General KATHLEEN W. MIKKELSON REGINA J. BROWN PHYLLIS W. CHENG GLORIA L. CASTRO ANGELA SIERRA Deputy Attorneys General For additional information about LEGAL RIGHTS OF PERSONS WITH DISABILITIES and for copies, please contact the Attorney General's PUBLIC INQUIRY UNIT, P.O. Box 944255, Sacramento, CA 94244-2550 Telephone: (916) 322-3360; Toll free number: (800) 952-5225; Line for the hearing impaired: (916) 324-5564; Toll free number: (800) 952-5548. *Much of the material in this Fourth Edition is an update of the Second and Third Editions, Marian M. Johnston and Kathleen W. Mikkelson, Deputy Attorneys General, writers and editors.
TABLE OF CONTENTS Page INTRODUCTION i CHAPTER 1: EMPLOYMENT 1 I. STATE LAW 1 A. Definition of Disability and Medical Condition 1 B. Covered Employers 2 C. Employer Defenses to Discrimination in California 2 D. Employers Must Make Reasonable Accommodations 2 E. Nondiscrimination in Recruitment and Testing 2 F. Complaint Procedures 3 G. Miscellaneous California Employment Discrimination Laws 3 II. FEDERAL LAW 4 A. The Americans With Disabilities Act 4 B. The Federal Rehabilitation Act of 1973 6 CHAPTER 2: HOUSING 10 I. HOUSING DISCRIMINATION 10 II. HOUSING PROGRAMS 11 A. Federal Housing Programs 11 B. California Housing Programs 11 CHAPTER 3: NONDISCRIMINATION IN BUSINESS AND SERVICES 13 I. NONDISCRIMINATION IN PUBLIC ACCOMMODATIONS, TRANSPORTATION CARRIERS AND BUSINESS ESTABLISHMENTS 13 A. California Access Law 13 B. Discrimination Based on Disability 14 II. NONDISCRIMINATION IN STATE-SPONSORED PROGRAMS AND ACTIVITIES AND IN PUBLIC PLACES 14 III. NONDISCRIMINATION IN INSURANCE COVERAGE 14 A. Life, Annuity, or Disability Insurance 14 B. Health Insurance 15 C. Automobile Insurance 15 D. Insurance Appeal Procedures 16 IV. NONDISCRIMINATION IN LICENSING AND LICENSED SERVICES 16
Page 1: Legal Rights of Persons Disabilitie
Page 5 and 6: TABLE OF CONTENTS CHAPTER 6: PARENT
Page 7 and 8: INTRODUCTION California and Federal
Page 9 and 10: 2. Medical Condition The FEHA also
Page 11 and 12: $ Discrimination based on physical
Page 13 and 14: employment, including recruitment,
Page 15: If you believe that you have been d
Page 18 and 19: FEDERAL LAW The federal Fair Housin
Page 20 and 21: CHAPTER 3 NONDISCRIMINATION IN BUSI
Page 22 and 23: and uniform standards for HIV testi
Page 24 and 25: CHAPTER 4 ACCESS Access is a critic
Page 26 and 27: services, facilities, privileges, a
Page 28 and 29: General may file a civil action if
Page 30 and 31: ' 1104B.3.10-12.) d. Curbs and Side
Page 32 and 33: k. Religious Facilities The sanctua
Page 34 and 35: If a voter is unable to mark a ball
Page 36 and 37: provide appropriate signage. If a s
Page 38 and 39: accessible vehicles, but they must
Page 40 and 41: facilities. By July 26, 2010, at le
Page 42 and 43: 2. Airports Airport facilities are
Page 44 and 45: hearing and speech. (47 U.S.C. ' 22
Page 46 and 47: CHAPTER 5 EDUCATION This chapter di
Page 48 and 49: disability learn. However, special
Page 50 and 51: puts a child in a private school, t
Page 52 and 53:
iv. Parents May Request Independent
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Every child with a disability who r
Page 56 and 57:
c. Filing a Complaint and Holding a
Page 58 and 59:
II. PRESCHOOL EDUCATION A. Children
Page 60 and 61:
impairment can participate in the p
Page 62 and 63:
CHAPTER 7 PROGRAMS AND SERVICES Thi
Page 64 and 65:
and social independence. Services p
Page 66 and 67:
disability, or veteran's allowances
Page 68 and 69:
E. Decreased Energy Rates Persons w
Page 70 and 71:
CHAPTER 9 HEALTH CARE The following
Page 72 and 73:
People with mental or developmental
Page 74 and 75:
C. Limited Right to Die The United
Page 76 and 77:
institution; an adult with a develo
Page 78 and 79:
1983. (Zinermon v. Burch (1990) 494
Page 80 and 81:
appropriate treatment. (Welf. & Ins
Page 82 and 83:
DIRECTORY OF SERVICES INTRODUCTION
Page 84 and 85:
California: Federal: Transportation
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