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Handicap: Legal Insights and Definitions You Should Know
Definition & Meaning
A handicap refers to a physical or mental condition that limits a person's movements, senses, or activities. In legal terms, it often relates to disabilities that affect a person's ability to participate fully in society. The Americans with Disabilities Act (ADA) of 1990 is a key piece of legislation that protects individuals with handicaps from discrimination in various public settings.
Table of content
Legal Use & context
The term "handicap" is primarily used in civil law, particularly in cases involving discrimination and employment. The ADA prohibits discrimination against individuals with disabilities in public accommodations, employment, transportation, and telecommunications. Users can benefit from legal templates provided by US Legal Forms to navigate issues related to employment rights or public access for individuals with handicaps.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
1. A person with a visual impairment applies for a job at a grocery store. The store must provide reasonable accommodations, such as assistive technology, to enable them to perform their job duties effectively.
2. A movie theater installs wheelchair ramps and offers audio descriptions for films to ensure that individuals with disabilities can enjoy the same experience as other patrons. (hypothetical example)
Relevant laws & statutes
The Americans with Disabilities Act (ADA) is the primary federal law addressing discrimination against individuals with handicaps. Title III specifically focuses on public accommodations, while Title I addresses employment discrimination.
State-by-state differences
State
Key Differences
California
California law provides broader protections than the ADA, including the Fair Employment and Housing Act (FEHA).
New York
New York has additional protections under the New York State Human Rights Law, which covers more categories of discrimination.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Differences
Disability
A physical or mental condition that limits daily activities.
Handicap often refers to the societal barriers faced by individuals with disabilities.
Accommodations
Adjustments or modifications provided to enable equal access.
Accommodations are actions taken to assist individuals with handicaps, while handicap refers to the condition itself.
Common misunderstandings
What to do if this term applies to you
If you believe you have faced discrimination due to a handicap, consider the following steps:
Document your experiences and any incidents of discrimination.
Seek accommodations from your employer or service provider if needed.
Consult with a legal professional or explore US Legal Forms for templates related to discrimination claims.
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