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Handicapped: A Comprehensive Guide to Its Legal Definition
Definition & Meaning
The term "handicapped" refers to individuals who experience physical or mental disabilities that limit their ability to perform normal bodily or mental functions. This includes a wide range of conditions such as paralysis, blindness, deafness, and developmental disabilities. The definition also encompasses those with chronic illnesses like AIDS or HIV. The legal framework recognizes these disabilities to ensure protection against discrimination and to promote equal opportunities for affected individuals.
Table of content
Legal Use & context
The term "handicapped" is primarily used in civil rights law, particularly in the context of the Americans with Disabilities Act (ADA) and state laws like the New Jersey Law Against Discrimination (NJLAD). It is crucial in various legal practices, including employment law, housing rights, and public accommodations. Individuals may encounter this term when seeking accommodations or pursuing claims related to discrimination. Users can manage relevant legal processes by utilizing legal templates from US Legal Forms, designed by qualified attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A person who is blind applies for a job and requests accommodations for accessible technology. This request falls under protections for handicapped individuals.
Example 2: A tenant with a mobility impairment requests modifications to their apartment to accommodate their wheelchair. This situation illustrates the application of housing rights for individuals classified as handicapped.
Relevant laws & statutes
The following laws are significant regarding the term "handicapped":
Americans with Disabilities Act (ADA): Prohibits discrimination based on disability in various areas including employment, transportation, and public accommodations.
New Jersey Law Against Discrimination (NJLAD): Provides protections against discrimination for individuals with disabilities within the state of New Jersey.
State-by-state differences
Examples of state differences (not exhaustive):
State
Key Differences
California
Stricter definitions and broader protections under the Fair Employment and Housing Act.
Florida
Disability rights are governed by the Florida Civil Rights Act, which may have different criteria for protection.
New York
Includes additional protections under the New York State Human Rights Law, expanding definitions of 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
Disabled
A broader term that includes any physical or mental impairment that substantially limits one or more major life activities.
Impaired
Refers specifically to a loss of function or ability, often used in medical contexts.
Person with a disability
A person-first language term that emphasizes the individual rather than the disability.
Common misunderstandings
What to do if this term applies to you
If you believe you are handicapped and facing discrimination, consider the following steps:
Document your condition and any instances of discrimination.
Request reasonable accommodations in your workplace or housing.
Explore legal forms and templates on US Legal Forms to assist with filing complaints or seeking accommodations.
If the situation is complex, consult a legal professional for personalized advice.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.