Legal Rights of Persons With Disabilities - Ossh.com

INTRODUCTION
California and Federal Law
This handbook discusses both California and federal laws that protect the rights of individuals with
disabilities. California and federal law should be examined together to get a complete picture of the law on
a particular topic. In some areas California law provides more legal protection or is more comprehensive;
in other areas, federal law is more helpful.
Statutes, Regulations, and Cases
"The law" usually consists of a combination of statutes, regulations, and cases. Statutes are laws
passed by legislators either in the state Capitol or in Congress. Statutes are generally fairly short and often
do not describe the details of how the law will be enforced or what specifically will constitute a violation of
law.
Various government agencies are often charged with developing regulations to carry out the
mandates of statutes. These regulations usually describe the "nuts and bolts" of a statute's administration.
Finally, when cases go to court, judges issue opinions which resolve disputes in interpreting
statutes and regulations.
An analysis of statutes, regulations, and cases yields the current state of rights and protections,
which change over time as the law changes.
What Action Can Individuals Take
Complaints - Many agencies are authorized to allow people who believe they have experienced
discrimination or have been denied other rights to file a complaint. The agency may then investigate the
complaint, and if it finds that violations of law have occurred, the agency can impose various sanctions on
the violator and award various remedies to the individual who filed the complaint (complainant).
Lawsuits - Individuals who experience discrimination or other violations of law can often file a
lawsuit in a court. It may be necessary to go through the agency (administrative) complaint process first.
Contact the responsible agency as soon as possible to find out when and if you can file a lawsuit. Although
you may file a lawsuit by yourself without an attorney, you should probably talk with a legal organization
or private attorney if you plan to do so.
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