Disability Legal Issues: Understanding Your Rights and Issues

Editor's note: This post was originally published in 2017, and has been updated for accuracy, comprehensiveness and freshness on April 18, 2025.

Disability rights are fundamental legal protections designed to ensure equal opportunities and fair treatment for individuals with disabilities. These rights affect nearly every aspect of daily life—from employment and housing to education and healthcare access.  

With approximately one in six children in the United States living with a developmental disability, according to the CDC, and 1.5 million Americans diagnosed with autism (often called "the quiet epidemic"),understanding these legal protections has never been more important.

What are the problems faced by disabled persons? Many individuals with disabilities encounter significant barriers including:

• Employment discrimination and lack of workplace accommodations
• Housing discrimination and accessibility challenges
• Difficulty accessing government benefits and necessary services
• Educational barriers and inadequate support systems
• Transportation obstacles and public accessibility issues

This guide will help you understand the legal framework protecting people with disabilities and provide practical advice for addressing violations of disability rights.

Understanding disability rights and legal protections

The foundation of legal rights for people with disabilities is built on several key federal laws:

• Americans with Disabilities Act (ADA): Prohibits discrimination in employment, public services, and accommodations
• Rehabilitation Act: Prevents discrimination in federal programs and federally funded activities
• Fair Housing Act: Ensures equal housing opportunities and reasonable accommodations
• Individuals with Disabilities Education Act (IDEA): Guarantees appropriate public education for students with disabilities

These laws are enforced by federal agencies including the Equal Employment Opportunity Commission (EEOC), Department of Justice (DOJ), and Department of Housing and Urban Development (HUD).

Common legal issues faced by individuals with disabilities

People with disabilities frequently encounter various legal challenges that impact their quality of life.

Employment discrimination

Disability discrimination examples in the workplace include:

• Being denied a job because of a disability despite being qualified
• Not receiving reasonable accommodations needed to perform job duties
• Facing harassment or hostile treatment based on disability status
• Being passed over for promotion or training opportunities

Housing discrimination

Housing barriers can range from landlords refusing to rent to individuals with disabilities, to denial of reasonable accommodation requests like assigned parking. You may also face higher rent or security deposit charges because of your disability. If your landlord is unfair, you may not be allowed to make necessary modifications to your rented living space.

Benefit denials

Many individuals face:

• Wrongful denial of Social Security Disability Insurance (SSDI) claims
• Difficulty navigating complex application processes
• Insufficient support when appealing denied claims
• Challenges proving disability status to government agencies

Other critical barriers

Additional problems include:

• Guardianship concerns and loss of decision-making rights
• Healthcare coverage denials for necessary treatments
• Educational institutions failing to provide required accommodations
• Public transportation and business accessibility limitations

Taking action: Addressing violations of disability rights

When violation of disability rights occurs, taking prompt action is essential.

1. Document everything: Keep detailed records of all incidents, including dates, times, people involved, and specific violations
2. Report internally first: File complaints through appropriate channels within organizations
3. Contact government agencies: File formal complaints with:
   • EEOC for employment discrimination
   • HUD for housing discrimination
   • DOJ for public accommodation issues
   • Department of Education for educational barriers
4. Seek legal representation: Consult with disability rights attorneys who specialize in these matters

Employment rights for individuals with disabilities

The ADA and other laws establish important workplace protections, including:

• Right to reasonable accommodations: Employers must provide modifications that don't create undue hardship
• Protection from discrimination: Employers cannot make adverse decisions based on disability status
• Right to privacy: Medical information must be kept confidential
• Protection from harassment: Employers must prevent disability-based harassment

If you experience workplace disability discrimination, you can:

1. Request accommodations in writing
2. File an internal complaint with HR
3. Contact the EEOC within 180 days of the discrimination
4. Consult with an attorney about potential legal action

Social Security disability benefits: Understanding your options

Two primary federal programs provide financial assistance:

Social Security Disability Insurance (SSDI)

• For individuals with work history who have paid into Social Security
• Benefit amount based on previous earnings
• Includes Medicare eligibility after 24 months of benefits

Supplemental Security Income (SSI)

Supplemental Security Income is based on financial need, regardless of previous work history. SSI provides basic income for essential needs, which can be hugely helpful when dealing with disability. SSI usually includes automatic Medicaid eligibility.

Common reasons for benefit denials include:

• Insufficient medical documentation
• Income or resources exceeding limits
• Disability not meeting duration requirements
• Technical issues with application submission

Housing rights: Ensuring equal access and accommodations

The Fair Housing Act protects people with disabilities from housing discrimination through:

• Reasonable accommodation requirements: Landlords must allow changes in rules or policies
• Modification rights: Tenants can make necessary accessibility modifications (sometimes at their own expense)
• Accessibility requirements: New multifamily housing must meet specific design standards

Examples of housing discrimination include:  

• Refusing to rent or sell based on disability status
• Charging higher fees or deposits because of disability
• Refusing to allow service animals despite "no pets" policies
• Failing to make reasonable policy accommodations

Education rights: Supporting students with disabilities

Students with disabilities have specific legal protections through:

• IDEA: Ensures Free Appropriate Public Education (FAPE) through Individualized Education Programs (IEPs)
• Section 504: Requires reasonable accommodations in all educational programs receiving federal funding

Parents of students with disabilities should:

• Request evaluations in writing if you suspect your child needs services
• Actively participate in developing IEPs or 504 plans
• Document all communication with school officials
• Understand appeal rights if you disagree with school decisions

Healthcare access: Overcoming barriers to care

People with disabilities face unique healthcare challenges. Have you ever tried to enter a medical facility, only to find that it doesn’t have a ramp or other accessibility features to ease your way? Maybe you have dealt with communication barriers between yourself and healthcare providers.

Insurance can always be a problem, especially for folks with disabilities. And just like in many other areas of life, discrimination is an issue that can arise in healthcare settings.

Legal protections in healthcare include:

• Right to accessible medical facilities under the ADA
• Protection from discrimination by healthcare providers
• Right to effective communication, including interpreters if needed
• Some coverage protections under the Affordable Care Act

Transportation and public access rights

The ADA establishes important accessibility requirements:

• Public transportation must be accessible to people with disabilities
• Private businesses must remove barriers when readily achievable
• New construction must meet accessibility standards
• Service animals must be allowed in most public places

When facing accessibility barriers, make sure you request accommodation directly from the business or service. Any complaints should be filed with the Department of Transportation or the Department of Justice. Contact local disability rights organizations for assistance. And if the problems persist, consider seeking legal action for ongoing violations.

Conclusion: Advocating for your disability rights

Understanding your legal rights as a person with disabilities is the first step toward ensuring equal treatment and opportunities. When facing discrimination or barriers:

• Know your rights under federal and state law
• Document everything when issues arise
• Seek support from advocacy organizations
• Consult with attorneys who specialize in disability law

By staying informed and taking action when necessary, people with disabilities and their families can effectively advocate for their rights and work toward creating more inclusive communities. Sign up for a LegalShield Membership to speak with your LegalShield provider law firm about your rights and responsibilities today.

Need legal assistance with disability rights issues? Consider consulting with a LegalShield provider lawyer who is familiar with disability law. You can also reach out to disability advocacy organizations in your area.

_____________________________________________________________________________

Written by Elyse Dillard, Content Specialist at LegalShield. Elyse creates educational resources about legal and identity theft protection services. She works to make complex legal concepts more accessible to readers and has contributed to numerous articles on the LegalShield blog.

Pre-Paid Legal Services, Inc. (“PPLSI”) provides access to legal services offered by a network of provider law firms to PPLSI members through membership-based participation. Neither PPLSI nor its officers, employees or sales associates directly or indirectly provide legal services, representation, or advice. The information made available in this blog is meant to provide general information and is not intended to provide legal advice, render an opinion, or provide a recommendation as to a specific matter. The blog post is not a substitute for competent legal counsel from a licensed professional lawyer in the state or province where your legal issues exist, and you should seek legal counsel for your specific legal matter.

‍