Disability Abuse Laws 101
Disability abuse laws are critical in ensuring that individuals with disabilities are protected from abuse and discrimination. These laws provide vital protections to individuals who may otherwise be vulnerable to mistreatment or neglect. By establishing legal standards of care, mandating reporting obligations, and providing a framework for enforcement, disability abuse laws help to safeguard the rights of individuals with disabilities.
For example, many jurisdictions have laws that specifically target the physical and emotional abuse of individuals with intellectual and developmental disabilities. These laws make it a crime for caregivers, family members, or other individuals to abuse or neglect individuals with disabilities, and may provide law enforcement and child protection authorities with the tools they need to investigate and prosecute such cases.
A key component of disability abuse laws is the requirement that certain professionals—such as teachers, doctors , and social workers—report suspected cases of abuse or neglect to the appropriate authorities. This is known as a mandatory reporting requirement. Failure to report suspected abuse can result in significant penalties for the individual who fails to report.
Disability abuse laws also protect individuals from discrimination based on their disability status. The Americans with Disabilities Act (ADA) is a notable example of such a law. It prohibits discrimination against individuals with disabilities in many areas, including employment, transportation, and public accommodations. The ADA also requires employers to reasonably accommodate the needs of individuals with disabilities, ensuring that they have access to the same opportunities as individuals without disabilities.
In summary, disability abuse laws serve a crucial function in protecting the rights and wellbeing of individuals with disabilities. They provide a framework for preventing abuse and discrimination, and establish legal recourse for those who have been victimized.
Different Forms of Disability Abuse
Physical abuse is defined as the infliction of pain or physical harm. Physical harm may include hitting, slapping, uncontrolled or intentional pushing, restraints, chemical restraints such as mood-altering drugs or seclusionary rooms without purpose. Sexual abuse of people with disabilities can include inappropriate touching, sexual assault, forced prostitution, or other actions of a sexual nature. Abusers often choose their victims from vulnerable populations because it is easier for them to exert control. Children with disabilities are more likely to be victims of physical and sexual abuse than nondisabled children.
Emotional abuse is verbal or nonverbal acts that cause psychologic trauma. Psychological maltreatment can include yelling, threats or other acts that punish or create fear. Those who abuse by emotional means often employ psychological actions when they cannot rely upon physical actions due to factors including the victim’s mobility, pain, medical condition, or behavioral issues. Because emotional abuse is difficult to prove, this form of maltreatment can go undetected and unreported.
Financial abuse or exploitation involves taking, empowering, concealing, or otherwise influencing the resources of another for personal gain. Financial exploitation of people with disabilities exists in two common forms: Neglect is the failure of responsible parties to provide the needs of a disabled person. State laws defining neglect often include: refusal or failure to provide nutrition, clothing, shelter, hygiene, necessary dental or medical care, and other care necessary to maintain the health and safety of someone with a disability.
Enforcement of Disability Abuse at the Federal Level
Disability abuse laws exist at the federal, state and local levels. Federal laws designed to protect people with disabilities include:
– The Americans with Disabilities Act of 1990 – Encompasses five areas of public life – employment, transportation, public accommodations, communications and government activities. The law requires that people with disabilities be provided access to goods and services and prohibits discrimination against individuals with disabilities in all areas of public life.
– The Individuals with Disabilities Education Act (IDEA) – This federal law is the driving force behind the education of students with disabilities. It grants children with disabilities the right to a free, appropriate public education. IDEA provides funding for states to educate students with disabilities and online information about the program is available from the Department of Education.
In addition, there are two other important federal disability laws. The assistive technology provisions of the Individuals with Disabilities Education Act ensure that children with disabilities receive the equipment and services they need to be successful in their education. The Assistive Technology Act provides grants to states to develop systems that enable people with disabilities to lead more independent and productive lives.
Abuse Prevention on the State Level
State laws complement federal laws in providing protections for individuals with disabilities. The source of authority for the federal laws is Section 504 and Section 508 of the Rehabilitation Act, and the Americans with Disabilities Act (ADA). The federal government implements these laws but so do the states. State law requirements can add or build on the requirements of state laws.
All states have laws that prohibit discrimination in employment, housing, and public accommodation on the basis of race, color, religion, national origin, sex, and sometimes additional factors. The most common examples of state disability laws are those that offer greater protection than the federal laws.
State laws provide additional protections that, in addition to federal laws, make it less likely that disability abuse will occur. These protections involve physical access, transportation, and other areas typically not covered by federal law.
Most states require that new and existing public facilities be physically accessible to persons with disabilities. The requirements can be more stringent than those in the ADA. If a state has its own laws regarding accessibility of buildings, then those laws typically supplement the federal law, requiring more accessibility than the federal law provides. For example, the accessibility requirements for new building construction under federal law are the ADA Accessibility Guidelines (ADAAG). Some state laws have similar requirements.
The state laws also require that existing public facilities be made accessible. The federal law requires existing facilities to be made accessible to the maximum extent feasible when they are altered or remodeled. The state law requirements are often more exacting than the federal law, sometimes requiring a facility to be made accessible to the maximum extent of its structural impracticability. This could require a remodeling of a building that the federal law would not require. Where the federal law only requires a building to be made accessible to individuals using wheelchairs, the state law may require that the facility be accessible to persons who are deaf.
Many states have laws that ban discrimination in public transportation based upon disability. These state laws, again, are often broader than federal laws. Federal law only regulates public school bus transportation for disabled students. It does not require accessibility to other public transportation such as city bus or train lines. Many states do regulate public transportation. They can provide additional access to transit.
States may also require certain types of transportation assistance for individuals who have disabilities. For example, if a person cannot get to work by public transportation, some states require that it provide an alternative that takes the person to and from work. These laws require the state, not the individual, to provide alternative transportation.
Keeping Watch: Advocacy Groups
Advocacy groups act as a critical resource for those who have suffered from disability abuse. When organizations fight for the cause of those wronged by institutions, it helps promote awareness and sends a message to both victims and agencies that no one should ever be mistreated because of a disability. Many times, survivors of disability abuse have trouble pressing charges or seeking fair compensation from government agencies, nonprofits, and other institutions . When success is hard to find on a personal level, organizations can petition local authorities to implement policy changes at the highest levels and hold wrongdoers accountable for their actions. A disability abuse lawyer can represent victims struggling to get compensation for the injured or provide advice about which steps to take when they are wronged. When advocacy groups unite with lawyers, it provides an even more solid front to pursue justice, reduce incidents of disability abuse, and develop stronger safeguards against those who would exploit the vulnerable.
Legal Framework and Relief
Individuals with disabilities who have been abused may have a variety of legal rights available to them. Unfortunately, many of these individuals are unaware of the law’s protection and their ability to seek remedy when subjected to abuse. If you or a loved one have been subjected to abuse in a group home, emergency room, nursing care facility, or school setting, don’t let fear, embarrassment, or doubt prevent you from seeking legal redress.
Protection and advocacy systems are located in each state and territory of the United States. Each state system is required by federal law to track how many individuals with disabilities have suffered abuse in certain settings and what type of abuse they have suffered. Many groups home, schools, and emergency care facilities do not realize that each state has a protection and advocacy system funded by the Department of Health & Human Services’ Administration on Developmental Disabilities. In accordance with federal law, each state must require reporting of abuse in any residential facilities housing individuals with disabilities. Reports should be made to the Abuse Hotline in your state, and depending on where they live, they may also have additional rights under the law.
In addition, individuals with disabilities subjected to abuse may choose to report the abuse to the U.S. Department of Justice through its complaint forms. The U.S. Department of Justice publishes an annual report regarding abuse of individuals with disabilities. Under federal law, if you have been the victim of a disability-related hate crime, you have the right to file criminal complaints with federal authorities. You also have the right to file civil suits against those involved.
Shifting Trends and New Issues
This past year has seen significant developments in the fight against disability abuse. Courts across the country are grappling with how broadly or narrowly to interpret federal anti-discrimination laws like the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA) to provide reparations to tenants, employees, and other individuals who have been subjected to wrongful discrimination, harassment, and abuse based on their disability. Confusion over whether the ADA applies to such situations has repeatedly arisen because of language contained in the statute’s implementing regulations. Regulations promulgated by a Congress or a federal agency such as the Department of Housing and Urban Development or the Department of Justice provide guidance to courts in interpreting issues, and in some circles, can have the same authority as actual statutes. But the regulations under the ADA explicitly state that the statute does not protect individuals subject to actions that are prohibited under more specific statutes—like the FHA.
For instance, since 2008, the Supreme Court has wrestled with the issue of whether the FHA should be interpreted to protect a tenant from wrongful termination on the basis of disability. Traditionally, the FHA has been interpreted to protect only against overt discriminatory practices. But earlier this year, in Texas Department of Transportation v. Oncor Electric Delivery Co. (14-50825) (5th Cir. July 20, 2016), the Fifth Circuit revived a claim by a former bus company employee for "regarded as disabled" discrimination under the ADA’s implementing regulations by finding that the ADA’s implementing regulations do not apply to employment activities. The decision brings disparate opinions towards the interpretation of the ADA’s implementing regulations between courts throughout the country that still must be resolved.
In the interim, recent enforcement actions continue to be filed against housing developers and service providers across the country in an effort to ensure that protections for individuals with disabilities are upheld. For example, the Department of Justice recently reached an agreement with Northern Arapaho Housing Authority in Wyoming to pay $100,000 to households that allegedly violated the FHA after denying requests from individuals with disabilities to keep trained animals in their homes. Similarly, in December, the DOJ obtained an injunction against Cowlitz County, Washington, for allegedly violating the FHA by excluding emotional support animals from a homeless shelter. And just this week, the DOJ reached an agreement whereby a security company agreed to change its hiring practices, pay a former employee, and provide $15,000 in donations to organizations that promote the employment of individuals with disabilities. The DOJ alleged the company fired an employee with multiple sclerosis after he refused to undergo a standards test for its physical requirements.
Looking Ahead: Where do we go from here?
In summary, the current state of disability abuse laws represents a patchwork system of varying protections and advocacy efforts that across the United States and beyond. While federal laws such as the ADA and HIPAA provide a baseline of protections for individuals with disabilities from abuse, states have the power to create additional laws that can further protect the rights and interests of individuals with disabilities. Some states and communities have made significant progress in addressing disability abuse, while others lag far behind.
Looking to the future, it is clear that continued advocacy efforts will be necessary to ensure that all individuals with disabilities are protected from abuse. This may involve increasing awareness of existing laws and resources within the disability community, as well as lobbying for the implementation of new reforms and initiatives at all levels of government. Collaborative efforts between disability organizations, law enforcement, healthcare providers, and policymakers can help to develop comprehensive strategies that address the multifaceted nature of disability abuse, including prevention and intervention efforts .
Additionally, increased investment in supportive housing, community-based services, and other alternative living arrangements can help to decrease the risk of disability abuse by providing individuals with the opportunity to live in safe and nurturing environments. Advocating for policies that empower individuals with disabilities and increase their access to support services can also help to foster a sense of agency and independence that may reduce their vulnerability to abuse.
Ultimately, the future of disability abuse laws and advocacy efforts will depend on the commitment of individuals and organizations to promoting awareness, knowledge, and understanding of the complex issues faced by individuals with disabilities. By working together, we can help to ensure that society is fully equipped to protect individuals with disabilities from abuse and support their right to lead autonomous and fulfilling lives.