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The federal Americans With Disabilities Act (ADA) helps people with a "disability" in two ways:

  • The ADA protects against discrimination due to a disability, or even the perception of having a disability.
  • The ADA requires certain positive steps to be taken to make life easier for people with a disability.  The change has to be reasonable when considering the situation.  The words the law uses, and that you see in any discussion about the ADA, are "reasonable accommodation."

The provisions of the ADA apply in each of the following settings:

  • At work
  • In the provision of health care
  • In the provision of public accommodation, and 
  • In the provision of public services, including transportation. 

Because of the ADA, the following entities cannot discriminate against a person with a "disability" and must provide an accommodation: 

  • Employers and other private entities
  • State and local governments. 
  • The federal government and entities which receive federal funding are subject to similar requirements by an older federal law, the Rehabilitation Act of 1973. 

Entities which are not covered by the ADA may be covered by similar state laws. Most states and many local governments have their own similar laws.   

Under a federal law similar to the ADA (the Fair Housing Act), you cannot be discriminated against when seeking to rent or buy a home, or during a tenancy. Like the ADA, landlords must provide reasonable accommodations.

In 2008, an amendment to the ADA was passed which made it more likely that any person with a life changing health condition would be considered to be disabled for purposes of the ADA. For practical purposes, if you have or had a life changing condition, consider assuming that you are covered by the ADA or similar laws. This means that you cannot be discriminated against because of your health condition, and that you are entitled to a change in the situation to accommodate the needs you have due to your "disability."

Getting an accommodation comes down to negotiating for one for your particular situation. Survivorship A to Z provides guidance for negotiating an accommodation at work. The same principles apply in the other settings protected by the ADA. For more information about how to determine what accommodation you need and how to negotiate for it,, see the document in "To Learn More."

If you believe you are discriminated against, there are free remedies available. 

NOTE: The other sections of this document cover the practical aspects of protecting against discrimination and of getting needed accomodations in addition to information about the law.


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