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What Constitutes a Disabled Person? A Legal Perspective
Definition & Meaning
A person with a disability is someone who has difficulty performing everyday activities due to a physical or mental condition. This may be a result of an impairment that limits their ability to engage in normal life and social interactions. Disabilities can be either congenital (present at birth) or acquired later in life.
Table of content
Legal Use & context
The term "person with a disability" is commonly used in various legal contexts, particularly under civil rights laws. It plays a significant role in areas such as employment, housing, and public accommodations. The Americans with Disabilities Act (ADA) is a key piece of legislation that protects individuals with disabilities from discrimination. Users can access legal forms and templates through platforms like US Legal Forms to help navigate these situations effectively.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A person with a mobility impairment may require a wheelchair to navigate public spaces. Under the ADA, they are entitled to reasonable accommodations, such as accessible entrances.
Example 2: An individual with a mental health condition, like anxiety disorder, may find it challenging to perform tasks in a typical work environment. They may request modifications to their work schedule to accommodate their needs. (hypothetical example)
Relevant laws & statutes
The Americans with Disabilities Act (ADA) is the primary federal law that defines and protects the rights of individuals with disabilities. Other relevant laws include the Rehabilitation Act of 1973 and the Fair Housing Act.
State-by-state differences
Examples of state differences (not exhaustive):
State
Specific Provisions
California
State law provides additional protections beyond the ADA, including broader definitions of disability.
New York
New York's Human Rights Law includes specific provisions for reasonable accommodations in employment.
Texas
Texas offers certain protections but may have different thresholds for what constitutes a disability.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Person with a disability
Someone who has a physical or mental impairment that limits major life activities.
Focuses on the individual's experience and rights under the law.
Handicap
An outdated term often used to describe barriers faced by people with disabilities.
Considered less respectful and not aligned with current legal standards.
Common misunderstandings
What to do if this term applies to you
If you identify as a person with a disability, consider the following steps:
Understand your rights under the ADA and other relevant laws.
Document your disability and any accommodations you may need.
Explore resources and legal forms available through US Legal Forms to assist you in asserting your rights.
If your situation is complex, consider seeking professional legal assistance.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.