Why is the Definition of “Disability” in Arizona Law So Critical?
Many people have impairments that significantly affect their ability to perform daily tasks, and some of these challenges may not be visible to the casual observer. It is essential to have a clear and encompassing definition of disability within the state’s anti-discrimination laws to ensure individuals with all forms of impairments are equally protected. An experienced Arizona Social Security Disability lawyer can help clarify the state’s discrimination laws and guide you through your next steps if you’ve been subjected to discriminatory practices.
What is the Arizona Civil Rights Act, and How Does it Protect Disabled Individuals From Discrimination?
The Arizona Civil Rights Act (ACRA) provides a legal framework for safeguarding individuals from discriminatory practices in various aspects of their lives based on their race, religion, sex, country of origin, age, physical or mental disabilities, or other factors. It also protects individuals who have reported discriminatory practices from retaliation. ACRA created the Arizona Civil Rights Division of the Attorney General’s Office to investigate and resolve discrimination claims. If the Civil Rights Division cannot satisfactorily address the complaint, the complainant may need to file a lawsuit to reach a resolution.
The ACRA mirrors the laws contained in the federal Americans with Disabilities Act (ADA) and allows the state to enforce the same protections directly. The ADA is a vital piece of legislation that, among other things, preserves the rights of disabled individuals in the workforce by prohibiting discrimination and requiring employers to provide reasonable accommodations that allow disabled employees to participate in the necessary activities for their jobs. These laws help ensure disabled people have opportunities to obtain jobs suited to their skills, receive fair compensation, and thrive as productive members of the workforce without fear of being passed over or fired due to their disability.
How Does ACRA Define Disability?
Similar to the ADA, ACRA has a three-pronged definition of disability. If a person meets any one of the three legal descriptions, they are considered a qualified individual who is protected by the law. The three definitions of disability for the purposes of Arizona’s discrimination law are:
- A mental or physical impairment that severely limits at least one major life activity: If an individual has an impairment that creates significant challenges with one or more everyday life tasks, such as feeding themselves, standing, driving, walking, reading, breathing, concentrating, and more, they are considered disabled under the law. This definition applies even if the impairment is transient or is currently controlled by medication. For example, if someone has experienced seizures in the past but they are currently in remission, they could still seek workplace accommodations that limit the likelihood of seizures or provide an extra measure of safety if an episode did occur. Impairments caused by active drug use or compulsion disorders, such as kleptomania, are not considered disabilities under Arizona law.
- A record of having an impairment defined above: Even if the person is no longer substantially limited by an impairment, as long as they were at some point in the past, they could still be protected by disability discrimination laws. In practice, this may look like an employer being required to provide reasonable accommodations for an employee to attend follow-up or monitoring appointments with a provider for a prior condition. This definition also applies to people who have been misdiagnosed or misclassified as having a severe impairment.
- Being regarded as having an impairment: If an employer discriminated against an individual because they assumed the person had a disability, the individual may file a complaint, regardless of whether or not they have the presumed disability. For instance, if an employer refused to hire a person or demoted them because they believed they were disabled, it is not a valid defense to prove that the person didn’t actually have the impairment.
What Accommodations and Protections Are Afforded Under the Law to Arizonans With Disabilities?
The ADA and ACRA aim to ensure that disabled individuals can have the same access to work opportunities, public spaces, transportation, businesses, and housing as other Arizonans. By enforcing standards for accessibility and accommodations, these laws promote a more inclusive and equitable society. The scope of anti-discrimination laws is vast, but the following are some of the important aspects:
- Rules for employers: Businesses and entities with at least 15 employees are prohibited from discriminating against potential or current employees based on their disability. If requested, employers must also provide reasonable adjustments or modifications that allow disabled individuals to succeed at work, as long as these accommodations do not cause undue hardship for the employer or other employees.
- Housing opportunities: Discrimination in the sale, rental, or financing of housing based on disability is prohibited. Public or federally assisted housing must be accessible for individuals with disabilities. Tenants can also request reasonable accommodations, such as designated parking areas, exceptions for service animals in pet-free apartments, or grab bars in bathrooms or bedrooms.
- Access to transportation and government services: State and local governments must ensure disabled individuals have equal access to public programs and services, such as voting and public education. Commercial and public building projects and renovations are regulated by codes emphasizing accessibility for all individuals. Similarly, transportation providers must make certain their services are nondiscriminatory and provide accommodations for people with mobility challenges and other impairments.
How Can a Social Security Disability Lawyer Assist You?
If you are on social security disability or are in the process of applying, you have fundamental rights to be free of discrimination in the workplace, public sphere, and elsewhere. If you believe your rights have been violated or you require help requesting necessary accommodations, contact Roeschke Law, LLC today for legal guidance. We understand the wide range of effects a disability can have on you and your loved ones, and we will advocate for your best interests. Call us at a href=”tel:8009751866″>800-975-1866 today to schedule a free, in-depth case evaluation.