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ACCOMMODATIONS:

As attorney advocates, it is our role to assist our clients in obtaining their desired outcome. A desired outcome does not always necessitate litigation. Our effective attorney advocates assist clients in obtaining their desired outcome without having to consider a lawsuit as the first strategy. However, if the situation requires litigation, we are prepared to represent our clients through each phase of litigation.

Federal and state laws protect individuals in the workplace and in higher educational institutions from being denied accommodations. Section 504 of the Rehabilitation Act and the Americans With Disabilities Act provide protections for those individuals who are regarded as having a physical or mental impairment which affects a major life activity.

Section 504 prohibits discrimination in by institutions who receive federal funding which includes institutions of higher learning, most private schools and some places of employment. The ADA incorporates much of the Section 504 prohibitions and covers private employers with 15 or more employees (Title I), (2) all activities of state and local governments, including employment and education (Title II), and (3) "places of public accommodation," including most private schools and higher education institutions (Title III). Most educational institutions and virtually all private schools are covered by the ADA and RA, depending upon the type of government funding they receive. Religiously controlled educational institutions that do not receive government funding, however, are exempt from these laws.

States are free to strengthen the rights of individuals with qualifying physical or mental impairments but states are not free to take away rights under the ADA or Section 504. In the state of California, the Fair and Employment Housing Act and Unruh are the two main state laws which cover and protect the rights of individuals who meet the state law definitions of having a recognized impairment which constitutes a disabling condition. For more information about the laws the protect individuals in California visit http://www.dfeh.ca.gov.

Additionally, accommodations can be those which families require to care for family members. Under federal law the Family Medical Leave Act covers such circumstances and in California the California Family Rights Act applies. The failure to provide the rights to individuals under these laws may also give rise to a legal cause of action.

However, understanding the text of the laws is just not enough to effectively obtain reasonable accommodations for our clients. Disability cases are impacted by the decisions of judges and it is our duty to assist clients in understanding how changes in case law may impact your rights in obtaining reasonable accommodations.

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