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Article #5: Disability discrimination and how to overcome it

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A disability is the result of an injury toward disabled people extends beyond the
or handicap that makes it impossible for disability itself.
a disabled person to go through his or That's because many people who have
her day without assistance from either disabilities are often forced to face
trained professionals or specialized handicap discrimination in a variety of
tools - usually both. social settings, including the modern
Whether you were born with a handicap or work environment and job market. While
if you received your disability from a the effects of disability discrimination
work injury, the fact remains the same; towards physically handicapped people can
it is much harder to get by without some result in both psychological and physical
form of care and assistance from others. harm, there are plenty of ways to fight
Yet just getting through the day involves back.
a lot more than just completing simple One important hurdle to cross is defining
tasks. the specific type of descrimination you
In order to get by as a disabled person, are experiencing, and then pitching the
it is necessary to maintain a sense of appropriate fight against the
dignity. Unfortunately, there are a wide trangressor.
variety of people and institutions that - Yet while one of the most unacceptable
either actively or passively - forms of disability discrimination occurs
discriminate against the disabled. Anyone in the search for work, there are also a
who has experienced this form handicap variety of other forms of discrimination
discimination will be able to attest to that the disabled face, including:
the severe trauma and humiliation it can housing eligibility access to public
cause emotionally, psychologically and accommodations access to public
even physically. transportation discrimination of those
That's why it is extremely important to associated with the disabled If your
have a disability lawyer defending your disability discrimination is housing
rights. While on the surface it may related, then you will want to contact a
appear that people who suffer from lawyer who is experienced in this field.
disabilities can get by just fine, you On the other hand, an employment lawyer
know better. Indeed, the fact is that is just the type of professional you need
"just getting by" is a lot more difficult if you are being discriminated against in
than it seems. the workplace, because of your
One of the fundamental impediments faced disability.
by disabled people is discrimination. Indeed, while employment law deals with a
Indeed, disability discrimination has wide variety of discrimination claims
played a major role in causing pain and including race, religion, gender, sexual
suffering for countless individuals with orientation and the like, disability
disabilities. Interestingly, while this still takes up a major portion of the
form of discrimination often takes an employment lawyer's workday.
active form, a job being denied due to When it comes time to seek a lawyer who
someone's disability, for instance the will be able to effectively represent you
cause for disability discrimination can in litigation - or even in the courtroom
also be a passive one. - the last two types of discrimination
What is passive disability listed are a little more ambiguous.
discrimination? A good example of this Still, you would be hard pressed not to
type of discrimination that affects find a lawyer willing to fight city hall
disabled people was seen a lot more in (when the claim is about public
the past, before disability law began to transportation) or an attorney willing to
require greater public accessibility for protect the first ammendment rights of
people with disabilities. At this point, those who are discriminated against
physical access points such building simply for associating with the disabled.
entrances, street curbs and busses were Disability discrimination can take many
not able to be passed through by persons harmful forms. When it is directed
in wheelchairs or who were handicapped in towards physically handicapped people,
some other way. however, it is especially harmful. That's
Fortunately, this has changed due to the because discrimination against the
recent developments in disability law. physically handicapped is surprisingly
Now, disabled people who suffer from any commonplace.
form of disability discrimination have After all, it's so easy to just "do
their cases seen by a disability lawyer, nothing" when it comes to making the
and now it is not uncommon for entire law world a more accessible place. In the
firms to be filled with attorneys who are meantime, people with physical handicaps
dedicated to protecting disability are left with nothing.
rights. That's why when it comes to handicap
One of the integral pieces of legislation discrimination, it is hard to say who,
that gives the typical disability exactly, is the perpetrator.
attorney more legal clout in the Unfortunately, the answer to that
courtroom came about in 1990. It's called question is found by looking to your
the Americans with Disabilities Act (ADA) right and left, up and down. Everywhere
and may be heard referred to sometimes in you turn, people are implicitly
the singular form: American with discriminating against physically
Disability Act. handicapped people.
The disabilities act serves two major Exclusion of those with physical
purposes in defining disability law. handicaps is the wrong action to take for
First, it outlines what it means to have our society today. That's because
a disability. Whether disabled from birth discrimination towards physically
or due to an injury, disability is handicapped people leads to ostracism,
defined by this act as a condition and severe ill will against a sector of
"mental or physical " which significantly our population that needs nurture and
prevents routine activities in life from care.
being carried out. Maintaining a record Indeed, one of the best ways to combat
of this condition and being looked upon discrimination against the physically
by others "individuals or institutions" handicapped is by actively promoting ways
as having a disability are also of integration.
prerequisites for qualification under the For schools, the workplace and the public
American with Disability Act. sector, it is extremely important to
Disability discrimination under the act avoid programs and policies that
can include any one of a variety of encourage the exclusion and
practices, occurring in the fields of discrimination of handicap people.
housing, employment, public Instead, encourage real integration into
accommodations and public transportation the society by giving handicapped people
access. In addition, it can involve being access to services and media that are
discriminated against due to connections commonplace in the lives of the
such as friendship or family relationship temporarily able bodied.
with a disabled person. Make it so that you are not the one who
If you feel you have been discriminated is the perpetrator of handicap
against because of a disability, it is discrimination against the physically or
probably a good idea to seek a disability mentally disabled people living amongst
lawyer to see you have a case. us.
Disability affects a large portion of If you are an administrator or leader at
today's population, and it is important any institution in which handicap people
to be aware of the many issues, including require aids for access to the tools and
handicap discrimination, that physically services that you provide or make
and mentally disabled people face. available, then it is your imperative to
Indeed, one of the foremost current stop asking, "who is the perpetrator of
disability issues is discrimination handicap discrimination" and better yet
towards physically handicapped people. realize that you are - unless you take
Whether a short term or persistent the right steps to end discrimination
problem, the effects of discrimination towards physically disabled people.






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