Americans With Disabilities Act And Fair Housing Laws

Table of Contents

• The Americans With Disabilities Act (ADA)

• Fair Housing

• Who to Contact Regarding Discrimination Claims

The Americans with Disabilities Act (ADA) is a federal law that prohibits discrimination against persons with disabilities in these areas:

1. Employment - This includes hiring, termination, benefits, working conditions, etc.

2. Public Accommodations - Included as public accommodations are hotels, offices, shopping malls, restaurants, sports arenas, schools, zoos, hospitals, theaters, grocery stores, homeless shelters, libraries, etc.

3. Public Entities - This includes all local and state governmental services and programs.

4. Transportation - Buses, trains, light rail must be accessible or alternatives offered.

5. Telecommunications - Telecommunication services must be made accessible for speech and/or hearing impaired persons.

The ADA applies to persons with mental illnesses if the mental illness substantially limits one or more of the major life activities of the person. Major life activities means activities such as working, learning, sleeping, thinking and walking. Persons who have a record of such an impairment or perceived to have such an impairment are also protected.

In addition to the ADA, Oregon has state laws prohibiting discrimination in employment and public accommodations.

The federal Fair Housing Act was passed in 1968 as part of the Civil Rights Act of 1968. The Fair Housing Act prohibited discrimination based on race, color, religion or national origin in the sale rental or financing of housing. In 1974, Congress added a provision prohibiting housing discrimination based on gender/sex.

In 1988, Congress added provisions prohibiting housing discrimination based on mental and/or physical disabilities. Under the law, landlords and sellers cannot discriminate against a person because the person has a mental illness and must make reasonable accommodations for a person disability. The law does not apply in some cases where the landlord or seller is acting with regard to his or her private house or small apartment building. The law also allows the rejection of any tenant or buyer who would directly threaten the health or safety of other individuals or would cause substantial physical damage to the property of others.

Oregon also has a state law prohibiting discrimination based on physical or mental disability in selling, leasing or renting of real property.

To get more information and to make complaints regarding discrimination, contact the Oregon Advocacy Center, the Bureau of Labor and Industries (BOLl), the Equal Employment Opportunity Commission (EEOC), Oregon Legal Services, Legal Aid, the Oregon State Bar referral service or a private attorney. The Fair Housing Council provides assistance regarding housing discrimination.

Phone numbers for these offices:  Phone numbers