Disabilities Guidebook: General Considerations Overview

Disabilities Guidebook: General Considerations Overview

Last updated: January 2006

(From the Guidebook of Law and Programs for People with Disabilities)

Video: How to Use the Online Version of This Guidebook
Video: How to Use the Book Version of This Guidebook

In this Chapter, we explain who is defined to be a "person with a disability" under some of the laws discussed in this Guidebook. We also explain how to enforce your rights under some of these laws.

The Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., the Illinois Human Rights Act (HRA), 775 ILCS 5/1-101 et seq., and Section 504 of the Rehabilitation Act of 1973 (504) 29 U.S.C. § 794, all operate to prevent discrimination against persons with disabilities. These statutes cover a wide variety of subject matter and are discussed in several of the chapters of this guidebook. For example, the ADA prohibits discrimination in employment, government services, public accommodations, transportation, and telecommunications. The HRA prohibits discrimination in employment, real estate transactions, financial credit, and public accommodations. Discrimination is prohibited under § 504 in any type of program or activity receiving federal funds, including those in the context of education, employment, state and local government services, places of public accommodation, housing, and transportation.

A primary issue is whether you are a person with a disability who is protected by these statutes. Section 1 of this Chapter addresses whether you have a disability under the ADA. Section 2 explains whether you are an "otherwise qualified individual with a disability" under § 504 of the Rehabilitation Act. Because several chapters of this guidebook deal with the ADA or § 504, you should refer back to this Chapter to see if you qualify as a person with a disability. There are other laws discussed in later Chapters of this Guidebook that also define "disability". For example, to find the ways children with a disability qualify for special education, you should look in Chapter 5 ,which discusses the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq.

It is critical to know how to protect or enforce your rights under these statutes. Section 3 of this Chapter addresses how to protect or enforce your rights under § 504 of the Rehabilitation Act. Section 4 explains how to protect or enforce your rights under the HRA. As you read or study other chapters of this guidebook concerning your rights under § 504 or the HRA, you should refer back to this Chapter to see what steps you must take to protect or enforce those rights.

Note: The steps you need to take to protect or enforce your rights under the ADA are discussed in later chapters.

Helpful Organizations
The following organizations may be able to help you with legal

Organizations 1 of 13 |

1.

Land of Lincoln Legal Assistance Foundation - Southern Regional Office
Old National Bank Building
509 South University Avenue
3rd Floor Carbondale, IL 62901 | View map


Toll-free: 877-342-7891

Languages: English, French, Polish, Russian, Vietnamese, German, Italian, Japanese, Chinese/Mandarin, Spanish, American Sign Language, Tribal Languages, Korean, Cambodian, French Creole, Laotian, Urdu, Farsi, Arabic

We provide free legal help to low-income people in 65 counties in central and southern Illinois. We have five regional offices in Alton, Carbondale, Champaign, East St. Louis, and Springfield. We also have three satellite offices in Decatur, Charleston, and Mt. Vernon. We have a telephone intake, advice and referral center, the Legal Advice and Referral Center, which serves all 65 counties.

Our lawyers may be able to help you with:

  • Housing: evictions, foreclosures, lock-outs, utility shut-offs, contract for deed problems or trouble getting the landlord or housing authority to make repairs.
  • Family - cases for victims of domestic violence, such as orders of protection and divorce; custody cases when the parent who has been child's caretaker is in danger of losing custody; and some divorces. In some areas, we offer self-help clinics on divorce.
  • Consumer - debt collection, repossession, garnishments, home improvement problems, and consumer fraud.
  • Public Benefits and Health - TANF, SSI, General Assistance, Food Stamps, or Medicaid.
  • Other Services for Senior Citizens and Disabled Persons - Wills and powers of attorney for persons age 60 and over and persons who are HIV positive. Nursing home quality of care issues. (in some counties)
  • Education - cases for children with disabilities and for wards of DCFS.

Clients may be eligible for free legal assistance if they are low income or age 60 or over.

This office has a satellite location at 1004 Main Street, Mt. Vernon, IL 62864.

 

Feedback

We welcome your comments and suggestions

User Survey - Please take a moment to fill out our User Survey to help us to provide better service.

Please do not email legal questions or information about your problem. We will not answer legal questions or provide legal assistance. You can find referrals to legal organizations that may be able to help you by clicking here.