Your guide to Employment Laws in West Virginia

1. Guide to Disability Rights Laws The presentation is to show you clearly in simple terms what your rights are in terms of yours or someone close to you disability. This is a guide only and you will require an attorney to proceed with any claims. © 2009 All Rights Reserved. http://www.TheWestVirginiaLawFirm.com

2. Guide to Disability Rights Laws If you consider that you have been unfairly treated under the terms of the various laws of the United States detailed in this presentation, you should contact a qualified and experienced attorney who will be able to help you. © 2009 All Rights Reserved.

3. Guide to Disability Rights Laws There are time limits for complaints to be filed. Do not wait; once the time has passed beyond the allowed limit it is too late . © 2009 All Rights Reserved. http://www.TheWestVirginiaLawFirm.com

4. Each Law is shown separately You only have the right to sue under ADA (Americans with Disabilities ACT) Title I if you have received a “Right to Sue” letter from the U. S. Equal Employment Opportunity Commission (EEOC) The other laws do not require a “Right to Sue” letter. © 2009 All Rights Reserved.

5. Americans with Disabilities Act (ADA) The list of disabilities covered by this Act has been increased and this new list is in operation from January 2009. © 2009 All Rights Reserved.

6. Americans with Disabilities Act (ADA) Title I of this Act only applies to employers with 15 or more employees. © 2009 All Rights Reserved. http://www.TheWestVirginiaLawFirm.com

7. Americans with Disabilities Act (ADA) Title I Employment Discrimination in recruitment; hiring; promotions; training; pay; social activities; and other privileges of employment is prohibited for those who are disabled. © 2009 All Rights Reserved.

8. Americans with Disabilities Act (ADA) Title II State and Local Government Activities This Act gives people with disabilities an equal opportunity to benefit from all of the programs; services; and activities of State and Local Government. (E.G. Public education; employment; transportation; recreation; health care; social services; courts; voting; and town meetings) © 2009 All Rights Reserved.

9. Americans with Disabilities Act (ADA) Title II Public Transportation 1 City Buses and Public Rail Transport should be available for all. Provided the costs of such provision is not going to impose an undue burden. © 2009 All Rights Reserved.

10. Americans with Disabilities Act (ADA) Title II Public Transportation 2 Paratransit Services must be available where a person, who is unable to use the regular transit system independently (because of physical or mental impairment,) is collected and dropped off at their destination. © 2009 All Rights Reserved.

11. Americans with Disabilities Act (ADA) Title III Public Accommodations I These include:- Restaurants Retail stores Hotels Movie theaters Private schools Convention centers © 2009 All Rights Reserved.

12. Americans with Disabilities Act (ADA) Title III Public Accommodations II Doctors’ offices Homeless shelters Transportation depots Zoos Funeral homes Day care centers © 2009 All Rights Reserved.

13. Americans with Disabilities Act (ADA) Title III Public Accommodations III Recreation facilities including Sports stadiums Fitness clubs Public Transportation provided by Private Companies. These must all be accessible by the disabled © 2009 All Rights Reserved.

14. Americans with Disabilities Act (ADA) Title IV Telecommunications Relay Service This was originally drafted to allow the deaf to communicate via the telephone using either a primitive text messaging system or a text messaging system with an interpretor. These facilities were to be provided 24 hours per day 7 days per week. © 2009 All Rights Reserved.

15. Telecommunications Act Telephones Cell phones Pagers Call-waiting Operator services These are difficult to use for some disabled people. This Act required telephone companies to make these services available. © 2009 All Rights Reserved.

16. Fair Housing Act It is unlawful to discriminate in any aspect of selling or renting housing; to deny a dwelling to a buyer or renter because of the disability of that individual, an individual associated with the buyer or renter, or an individual who intends to live in the residence. © 2009 All Rights Reserved. http://www.TheWestVirginiaLawFirm.com

17. Air Carrier Access Act This applies to Air Carriers that operate regular scheduled services for hire to the public, landing in or taking off from the USA. Boarding assistance must be provided as well as accessibility features on the aircraft and at the airport © 2009 All Rights Reserved.

18. Voting Accessibility for the Elderly and Handicapped Act This Act generally requires polling places across the United States to be physically accessible to people with disabilities for Federal elections. If the polling places are not accessible then alternate means of casting the ballot on the day of the election must be available. © 2009 All Rights Reserved.

19. Voting Accessibility for the Elderly and Handicapped Act Registration and voting aids must be available for those with disabilities especially the blind and the deaf. © 2009 All Rights Reserved. http://www.TheWestVirginiaLawFirm.com

20. National Voter Registration Act This is known as the “Motor Voter” Act All offices of State-funded programs providing services to those with disabilities must provide voter registration forms, assistance to complete them and the means of transmitting them to State officials © 2009 All Rights Reserved.

21. Civil Rights of Institutionalized Persons Act CRIPA authorizes the Attorney General to investigate the conditions of confinement of people in State or local government institutions. The purpose is to allow the Attorney General to uncover and correct widespread deficiencies that seriously jeopardize the health and safety of the residents. © 2009 All Rights Reserved.

22. Civil Rights of Institutionalized Persons Act Institutions that are covered by this Act include prisons; jails; pretrial detention centers; juvenile correctional facilities; publicly operated nursing homes; and institutions for people with psychiatric or developmental disabilities © 2009 All Rights Reserved.

23. Individuals with Disabilities in Education Act (IDEA) IDEA - I Requires public schools to make available to all eligible children with disabilities a free appropriate public education in the least restrictive environment appropriate to their individual needs. © 2009 All Rights Reserved.

24. Individuals with Disabilities in Education Act (IDEA) IDEA - II Requires public school systems to develop appropriate Individualized Education Programs (IEP’s) for each child. © 2009 All Rights Reserved. http://www.TheWestVirginiaLawFirm.com

25. Individuals with Disabilities in Education Act (IDEA) IDEA - III There is a due process to be followed for each student's IEP. If the parents disagree with the IEP then there is an appeals procedure to the State's agency and then to State and Federal court. © 2009 All Rights Reserved.

26. Rehabilitation Act Prohibits discrimination on the basis of disability in programs: either those conducted by Federal agencies, receiving Federal financial assistance, in Federal employment, or the employment practices of Federal contractors. © 2009 All Rights Reserved.

27. Rehabilitation Act Section 501 Requires that Federal agencies of the executive branch to take affirmative action and not to show discrimination in employment. The Equal Opportunity Office can supply more information and file a complaint. © 2009 All Rights Reserved.

28. Rehabilitation Act Section 503 - I This applies to Federal contractors and subcontractors with contracts of more than $10,000. The contractors are required to take affirmative action and not to discriminate against the disabled. © 2009 All Rights Reserved.

29. Rehabilitation Act Section 503 - II For more information or to file a complaint you should contact the Office of Federal Contract Compliance Programs at the U.S. Department of Labor © 2009 All Rights Reserved.

30. Rehabilitation Act Section 504 - I Applies to any program or activity that receives Federal financial assistance or is conducted by any Executive Agency or the United States Postal Service. © 2009 All Rights Reserved.

31. Rehabilitation Act Section 504 - II Each Federal Agency and each agency that provides Federal financial assistance has its own regulations about what is covered by Section 504. © 2009 All Rights Reserved.

33. Program accessibility

34. Effective communication with those with handicaps of hearing or vision

35. Accessibility in new buildings © 2009 All Rights Reserved.

36. Rehabilitation Act Section 504 - IV Information on how to file an appropriate complaint with the correct agency you should contact the U.S. Department of Justice, Civil Rights Division. © 2009 All Rights Reserved.

37. Rehabilitation Act Section 508 - I Covers electronic and information technology developed; maintained; procured; or used by the Federal Government. © 2009 All Rights Reserved.

38. Rehabilitation Act Section 508 - II Requires that this information be accessible to people with disabilities, including employees and members of the public. © 2009 All Rights Reserved.

39. Rehabilitation Act Section 508 - III An accessible information technology system is one that can be operated in a variety of ways and does not rely on a single sense or ability of the user. © 2009 All Rights Reserved.

40. Rehabilitation Act Section 508 - IV Information should be accessible to those who are visually impaired (using audio for example) and those who have impaired hearing (using words on a screen). © 2009 All Rights Reserved.

41. Rehabilitation Act Section 508 - V Some individuals may need special software or peripheral devices to make full use of the systems that comply with this Act. © 2009 All Rights Reserved. http://www.TheWestVirginiaLawFirm.com

42. Architectural Barriers Act ABA requires that buildings comply with Federal standards for accessibility. This applies to buildings leased by a Federal Agency as well as those that are designed, constructed or altered with Federal Funds. It also applies to the facilities of the US Postal Service. © 2009 All Rights Reserved.

43. Architectural Barriers Act ABA requirements are limited to new and altered buildings, and newly leased facilities. They do not address the activities conducted in those buildings or facilities. © 2009 All Rights Reserved.

44. Architectural Barriers Act For more information or to file a complaint, you should contact the U.S. Architectural and Transportation, Barriers Compliance Board. © 2009 All Rights Reserved. http://www.TheWestVirginiaLawFirm.com