Equal Opportunity
Title II requires that people with disabilities have an equal opportunity to participate in public entities’ programs, services and activities in the most integrated manner appropriate.
Sometimes policies and practices are explicitly exclusionary.
Examples
-
A school district does not permit students with Autism Spectrum Disorder to participate in field trips.
-
county museum requires people who are blind to be accompanied by a companion.
-
A public health clinic requires patients with mental illness to come for check-ups after all other patients have been seen, based on an assumption that these patients’ behavior will be disturbing to other patients.
And sometimes policies and practices appear neutral but have a discriminatory effect.
Examples
-
A policy requiring a driver's license as proof of age for participation in a community college adult education program has the effect of discriminating against people who are unable to obtain a driver's license because of their disability. Other forms of proof must be accepted.
Equal treatment is a fundamental purpose of the ADA. People with disabilities must not be treated in a different or inferior manner.
Title II Regulation 28 § 35.130
General prohibitions against discrimination:
(a) No qualified individual with a disability shall, on the basis of disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity.
User Comments/Questions
Add Comment/Question