federal law requires employment of 15 or more employees before an employer will be covered, whether

perform the essential functions of the job in a manner which would not endanger his or her health, or the

health and safety of others even with reasonable accommodation. These two defenses require a case by

reasonable accommodations include making facilities accessible and restructuring jobs, which might

include reassigning or transferring an employee, developing part-time or modified work schedules,

acquiring or modifying equipment, minor restructuring of the work site, and providing readers or

interpreters. (Cal. Code Regs., tit. 2, ' 7293.9.)

and are required to make reasonable accommodations during the recruitment process. For example,

FEDERAL LAW

disability to pay for reasonable wear and tear of the premises. Renting for purposes of this Act includes

leasing, subleasing or otherwise granting for consideration the right to occupy premises not owned by the

rental housing, ready for occupancy 30 months after September 13, 1988, be designed and constructed

so as to be accessible to individuals with disabilities. New rental housing covered by this section of the

elevators; and ground floor units in other buildings consisting of four or more units. (42 U.S.C. '

their families may apply for housing constructed through these projects. The federal and state housing

programs are discussed below.

whom is an adult (18 years of age) who has a disability, or the surviving member or members of any

disability" is a person who has a physical, mental, or emotional impairment which is expected to be of

Individuals and families that qualify are eligible to rent or buy housing financed by state or federal

will take into account your current income in determining your eligibility for these programs. These

dogs has the right to be accompanied by a guide dog, signal dog, or service dog without being required

to pay an extra charge or to leave a security deposit, although if with a trainer, the dog must be on a

separated from zoo or park animals by physical barriers. However, any mode of transportation provided

to the general public must be offered free to persons with visual-impairments who would otherwise use a

guide dog or persons in wheelchairs who would otherwise use a service dog.

infraction for any person to permit a dog owned, harbored or controlled by him or her to cause injury or

all forms of transportation. Under this nondiscrimination law, an establishment is not required to make

structural modifications in order to facilitate access by persons with physical disabilities.

persons is engaged in a conduct of resistance to any of the rights guaranteed by the Unruh Act, and that

' 11135.) Individuals with disabilities have the same right as the general public to the full and free use

and conditions as are offered to other group members. The group policies are not required to cover

disability. (Ins. Code, ' 10122.1.)

care service can limit the extent or kind of coverage available, refuse to cover, or charge a different rate

coverage, or charge different rates if based on sound actuarial principles or underwriting practices.

condition arose prior to commencement of coverage. However, this 60-day period does not include any

time during which the insurer awaits medical information from a health care provider. (Ins. Code, '

790.03, subd. (h)(16).)

equipment adaptation or modification. The insurer may require a person with a disability to furnish

proof that he or she has qualified for a new or renewed driver's license since the occurrence of the

record, the number of miles he or she drives annually, and the number of years of driving experience he

or she has had. Good Driver Discount policies may be purchased by anyone whose driving record

permits, regardless of disability. (Ins. Code, '' 1861.02 and 1861.03.) The insurance industry,

you may file a written complaint with the California Insurance Commissioner requesting that the

Commissioner review the manner in which a rate, plan, system or rule has been applied by an insurer.

In addition, you may file a written request for a public hearing before the Commissioner. If you do not

agree with the decision of the Commissioner, then you may appeal the decision in a court of law. (Ins.

courts. Signs must be posted indicating how to request these systems. In any civil or criminal

(1984) 163 Cal.App.3d 321.)

misdemeanors punishable by a fine and/or jail time. (Veh. Code, ' 4461.) A civil penalty of $1,500

of June 30 every two years. The plates and placards shall be returned to the DMV not later than 60 days

identification and evidence of the issuance of the placard to that person upon request by a person

confiscated. (Veh. Code, ' 22511.56.) The plates and placards allow disabled persons to park in certain

restricted zones, and to park in metered spaces for free. (Veh. Code, ' 22511.5.) California Vehicle

requirements set forth in Vehicle Code section 22511.8 have been met. (Veh. Code, ' 22652.)

controlled by a state agency must reserve a certain number of spaces for persons with disabilities and

one which lasts more than 90 days. (Pub. Util. Code, ' 99206.5.) Cities or counties are authorized

transportation services using vehicles for the exclusive use of Ahandicapped persons.@

12189.)

business of transportation and private entities which provide transportation services incidental to other

types of business. Private entities which are primarily engaged in the business of transportation are held

may include removing existing barriers where such modifications are readily achievable and if not, using

readily achievable alternative methods. (42 U.S.C. '' 12182 and 12184.)

comparable to that offered to persons without disabilities. Accessibility regulations take into account the

out in more detail below.

be made accessible to the maximum extent feasible, if modifications would significantly alter the

historic character of the vehicle. (42 U.S.C. ' 12142(c)(2).) Some transit systems which are

considered "demand responsive" and do not have fixed routes may continue to purchase and lease non-

paratransit and other special services in order to provide a level of service which is comparable to the

transportation barriers in existing buses where such removal is readily achievable; they are not required

seq., and 38.151 et seq.; 28 C.F.R. ' 36.310.)

entirety. The same level of service means that the frequency, response time, and destinations covered

must be equivalent. (42 U.S.C. ' 12184; 28 C.F.R. ' 36.202; 49 C.F.R.

usable by individuals with disabilities, including persons who use wheelchairs. However, if the vehicle

has a carrying capacity of 16 passengers or less, then the vehicle is not required to be accessible, but

also applies to intercity and commuter rail service. (42 U.S.C. ' 12162; 49 C.F.R. '' 37.91 and

to make alterations where readily achievable. If such alterations are not readily achievable, then the

' 12182(b)(2)(A)(iv).)

extent feasible. This applies to used cars not already owned or leased by an entity and to cars

transportation, end stations, and stations serving major activity centers. (49 C.F.R. '' 37.47- 37.51.)

a place of public accommodation is required to facilitate access by (1) modifying policies, practices, or

burden; (3) removing architectural barriers if readily achievable and if not, using alternative methods, if

those are readily achievable. (28 C.F.R. ' 36.301-305.)

remedies first and you may bring suit at any time - even if you are already involved in the administrative

investigate your complaint and take the appropriate action. If the Department of Transportation deems it

appropriate, it will refer your case to the Attorney General for enforcement in court. (42 U.S.C. '

life -- toilet training, personal care, etc. -- if that is the sort of instruction a child with a disability needs.

' 1401(25).)

be provided. For example, intermittent catheterization for a child suffering from spina bifida must be

must provide it. (20 U.S.C. ' 1401(29); cf. Nevada County Office of Education v. Riles (1983) 149

accommodations to enable a child with a disability to attend school in a regular classroom. (See Daniel

private day or boarding school is appropriate, however, only when the school district cannot provide a

child with a disability with an adequate education in the public schools. (Burlington School Committee v.

1993) 999 F.2d 127.)

in that program until the end of the school year. (20 U.S.C. ' 1412(a)(1); Ed. Code, ' 56026.)

used to evaluate a child must be fair, accurate, appropriate, and free of ethnic, cultural, or sexual bias.

The tests must be given so that the results are not distorted by a child's disability and must, if at all

possible, be given in a child's own language or method of communication. Tests must be given in every

area that might explain a child's poor school performance, including tests for hearing and vision. The

The parents may get an independent assessment of their child at their own expense at any time. If the

parents do get an independent assessment, then the school district must consider it when deciding how to

object to the rest. For example, the parents may consent to all or part of the related services listed in the

given. A parent may object to any

make it appropriate or if a child's parents or teachers request it. Reevaluations are conducted under the

$ the kinds of tests used by the school district to evaluate the child;

$ the conclusions reached by the persons doing the evaluation of the child;

$ the type of special education offered or denied the child and/or the related services offered or

$ the specific placement proposed for the child; or

$ the denial of the parents' procedural rights (their rights to fair notice of all school district

carried out during the administrative review. If the dispute between the parents and the school district

allowed to enroll in a regular public school program during the administrative review. However, the

parents and the school district can negotiate a temporary agreement about special education, related

Although parents must send their children to school, parents need not leave their children in a school

where they are denied the education they have a right to or the services they need. If the school district

placement. The parents will be reimbursed for the cost of sending their child to the alternative school.

However, if the hearing officer or the courts ultimately decide in favor of the school district, then the

parents must pay for the school they choose. (Union School Dist. v. Smith (9th Cir. 1994) 15 F.3d

exhaust the administrative remedies available before filing a lawsuit. In other words, a parent must file a

complaint with the Superintendent of Public Instruction and use the hearing process before filing a

district must immediately obey the hearing officer's order. Only a judge may permit the school district

preliminary injunction ordering the school district to provide what is needed. The parents can also

arrange privately for the child to receive the educational program, services, or placement that he or she

needs. If the parents ultimately prove that the hearing officer's decision was wrong, and that their child

program, services, or placement themselves.

and social independence. Services provided by Independent Living Centers include peer counseling,

must file an application with the local SSA office. An individual must furnish medical and other

and 416.601 et seq.)

example, affecting the ability to walk, stand, or lift. For "nonexertional" disabilities -- for example,

The SSA does not

individual would be hired if he or she applied for work. (20 C.F.R.

by an employer, to protect against loss of wages by disabled workers. Nearly all workers are covered

Benefits can be received for up to a year.

disorder arising out of the employment, including injuries to artificial limbs, hearing aids, and metal

from the date of injury. (Lab. Code, ' 5405.)

increase in the amount of gas and electricity payable at lower baseline rates. Life-support equipment

$ deductions for the cost of purchase and maintenance of wheelchairs, guide dogs, signal dogs, and

and which employs disabled persons may also be eligible. Contact the Small Business Administration for

more information. (15 U.S.C. ' 636(h).)

or department. (20 U.S.C. ' 107; Welf. & Inst. Code, ' 19625 et seq.)

receiving social security disability benefits for 24 months is entitled to Medicare. Applications for

or both. (42 U.S.C. '' 426 et seq. and 1395 et seq.)

individuals may also be eligible for MediCal. A Amedically needy@ person is a person with a disability

whose income is too high to qualify for public assistance but insufficient to provide for the costs of

health care. A medically needy person may have to pay a monthly share of costs before receiving

prescription medications, emergency and essential dental services, certain medical transportation, home

seq.)

' 53.111 et seq.)

II. RIGHT TO MEDICAL TREATMENT

such as physicians, social workers, psychologists, physical therapists, and nurses licensed by the state,

are subject to disciplinary action if they discriminate against people who are physically disabled. The

State Department of Consumer Affairs regulates licensed professionals, and complaints concerning

discriminatory practices should be made to the board or commission within the Department of Consumer

Affairs which regulates the particular profession.

disabilities are engaging in unprofessional conduct and are subject to disciplinary proceedings.

Complaints can be filed with the Division of Medical Quality of the Board of Medical Quality

Assurance. (Bus. & Prof. Code, ' 100 et seq.) (See Chapter 10 for more information on the rights of

(See 42 U.S.C. ' 5106a; Bowen v. American Hospital Assn. (1986) 476 U.S. 610.)

(42 U.S.C. ' 5101 et seq.; 45 C.F.R. ' 1340.15.)

concerning withholding medically-indicated treatment, and offer counsel in cases involving infants with

authorize medical treatment, a person must be given proper notice and the opportunity to be represented

the court determines that the conservatee lacks capacity to give consent, the conservator has the exclusive

authority to consent to medical treatment for the conservatee. A conservator appointed under the

authorize treatment.

Code, ' 2354 et seq.; Welf. & Inst. Code, ' 5357 et seq.; 58 Ops.Cal.Atty.Gen. 849 (1975).)