Disability Law

Title I of the ADA

"No Covered Entity Shall Discriminate Against a Qualified Individual With a Disability Because of the Disability of Such Individual in Regard to Job Application Procedures, the Hiring, Advancement, or Discharge of Employees, Employees Compensation, Job Training and Other Terms, Conditions and Privileges of Employment" (42 U.S.C 12112(a)).

Title III

"No Individual Shall Be Discriminated Against on the Basis of Disability in the Full and Equal Enjoyment of the Goods, Services, Facilities, Privileges Advantages, or Accommodations of Any Place of Public Accommodation by Any Person Who Owns, Leases, or Operates a Place of Public Accommodation."

Section 504 of The Rehabilitation Act

"No Otherwise Qualified Handicapped Individual in the United States . . . Shall Solely by Reason of His Handicap, Be Excluded From Participation In, Be Denied the Benefits Of, or Be Subjected to Discrimination Under Any Program or Activity Receiving Federal Assistance . . . ."

Reasonable Accommodation

A) Making Existing Facilities Used by Employees Reasonably Accessible to and Usable by Individuals With Disabilities. B) Job Restructuring, Part-time or Modified Work Schedules, Reassignment to a Vacant Position, Acquisition or Modification of Equipment or Devices, Appropriate Adjustment or Modifications of Examinations, Training Materials or Policies, the Provision of Qualified Readers or Interpreters, and Other Similar Accommodations for Individuals With Disabilities.

Undue Hardship

Additional Factors Include: the Overall Financial Resources of the Covered Entity; the Overall Size of the Business of the Covered Entity With Respect to the Number of Its Employees; the Number, Type and Location of Its Facilities; and the Type of Operation or Operations of the Covered Entity, Including the Composition, Structure, and Functions of the Workforce of Such Entity; the Geographic Separateness, Administrative, or Fiscal Relationship of the Facility or Facilities in Question to the Covered Entity.

Employer

An Employer Means "A Person Engaged in an Industry Affecting Commerce Who Has 15 or More Employees for Each Working Day in Each of 20 or More Calendar Weeks in the Current or Preceding Calendar Year, and Any Agent of Such Person"

Reasonable Accommodation

An Employer must make reasonable accommodations for their workers with disabilities. Employers only need to do so if providing the reasonable accommodations does not result in Undue Hardship

Direct Threat Exception

An Organization Does Not Have to Accommodate an Individual If Such Individual Poses a Direct Threat to the Health or Safety of Others. In Determining Whether an Individual Poses a Direct Threat to the Health or Safety of Others, a Organization Must Make an Individualized Assessment.

Title II - Public Services

Based on Section 504 of The Rehabilitation Act, Title II of the ADA States: "No Qualified Individual Shall, by Reason of Such Disability, Be Excluded From Participation In or Be Denied the Benefits Of the Services, Programs or Activities of a Public Entity, or Be Subjected to Discrimination by Any Such Entity."

Individuals with Disabilities Education Act (IDEA)

IDEA requires each public agency to: Ensure that a variety of educational programs and services, including physical education, are available to Individuals with Disabilities. Provide nonacademic and extracurricular activities and services to give children with disabilities an equal opportunity for participation.

Undue Hardship

In Determining Whether an Accommodation Would Impose an Undue Hardship on a Covered Entity, Factors to Be Considered Include: the Nature and Cost of the Accommodation Needed Under This Act; the Overall Financial Resources of the Facility or Facilities Involved in the Provision of Reasonable Accommodation; the Number of Persons Employed at Such a Facility; the Effect on Expenses and Resources, or the Impact Otherwise of Such Accommodation Upon the Operation of the Facility;

The Rehabilitation Act

In Order to Successfully Pursue a Claim Under Section 504, An Individual Must Establish Four Elements: They Are Handicapped They Are Otherwise Qualified for the Activity They Were Excluded Solely by Reason of Their Disabilities The Institution Receives Federal Financial Assistance

Title II - Public Services

In Order to Successfully Pursue a Title II Claim, An Individual Must Establish Four Elements: They Are a Qualified Individual With a Disability They Are Otherwise Qualified for the Activity They Were Excluded Solely by Reason of Their Disabilities They Were Discriminated by a Public Entity

Title III

In Order to Successfully Pursue a Title III Claim, An Individual Must Establish the Same Four Elements As Under Title II: They Are a Qualified Individual With a Disability They Are Otherwise Qualified for the Activity They Were Excluded Solely by Reason of Their Disabilities They Were Discriminated by a Public Entity

Individual Education Program

One of the Requirements of the IDEA Is That the Student's Teachers and Parents Are to Develop an Individual Education Program for the Student. When Participating in Athletics Is Part of the Program, the Privilege of Participating in Athletics Is Transformed Into a Federally Protected Right.

Reasonable Accommodations

Section 504 Requires That Reasonable Modifications Should Be Made to Accommodate Individuals With Disabilities. Section 504 Does Not Require Substantial or Fundamental Modifications to Accommodate Individuals With Disabilities.

The Americans with Disabilities Act (ADA)

The Purpose of the ADA Is to Provide a Clear and Comprehensive National Mandate for the Elimination of Discrimination Against Individuals With Disabilities.

Ted Stevens Olympic & Amateur Sports Act

The Ted Stevens Olympic and Amateur Sports Act Names the United States Olympic Committee (USOC) as the coordinator of amateur athletics in the United States.

Disability

The Term Disability Means: A Physical or Mental Impairment That Substantially Limits One or More of the Major Life Activities of Such Individual; A Record of Such Impairment; Being Regarded As Having Such an Impairment.

Qualified Individual With a Disability

The Term Qualified Individual With a Disability Means: "An Individual Who, With or Without Reasonable Accommodation, Can Perform the Essential Functions of the Employment Position That Such an Individual Holds or Desires."

Committee on Sports for the Disabled

The USOC Established the Committee on Sports for the Disabled. The Goal of the Committee Is to Help Disabled Athletes by Breaking Down Unnecessary Barriers to Competition and to Support Organizations That Provide Sports Experiences for Disabled Individuals.

The Americans with Disabilities Act (ADA)

Three Sections of the ADA Athletic and Recreation Administrators Should Be Aware of Are: Title I - Employment Title II - Public Services Title III - Public Accommodations and Services operated by Private Entities

Title I - Employment

Title I of the ADA Protects Individuals With Disabilities From Discrimination in the Workplace.

Federal Legislation

To Increase the Opportunities Available to Individuals With Disabilities, the Following Legislation was Enacted: The Rehabilitation Act of 1973 Individuals With Disabilities Education Act The Amateur Sports Act The Americans With Disabilities Act (ADA)