Key Disability Rights Laws Shape Accessibility Across Daily Life

In his career as a civil rights attorney in Newark, New Jersey, Ed Barocas has faced many inaccessible situations. He lives with facioscapulohumeral muscular dystrophy (FSHD), and getting to the courthouse in his power wheelchair sometimes felt like “a game of Frogger” because the lack of sidewalk curb ramps forced him to ride in the street. When he arrived, he might find he was scheduled for a hearing in a courtroom up a flight of stairs. In one courtroom, “I had to sit sidesaddle because there was no place for my knees under the podium, and I couldn’t reach the microphone,” he says.

The Americans with Disabilities Act (ADA) was passed in 1990.

“That was a watershed law in disability rights,” Ed says. While accessibility barriers didn’t disappear overnight, Ed watched them improve over the course of his career, as the city of Newark added curb ramps at street corners, new buildings included elevators and accessible bathrooms, and older buildings were updated with accessible entrances and parking.

In addition to changes in the physical environment, Ed notes growing awareness. “Now, and in my later years of practice, when I fill out the paperwork to argue a case in the New Jersey Supreme Court, the form asks if you need any type of accommodation,” he says.

Today, when we think of the legal underpinnings of accessibility in the United States, we generally think of the ADA. In fact, many laws work together to make our world more accessible and protect the rights of people living with disabilities.

When they work as intended, these laws go beyond disability rights, benefiting everyone by enhancing convenience and safety, advancing innovation, and strengthening communities through diversity.

Read on to learn how key federal laws impact many aspects of our daily lives.

“The fact that disability rights are on the books not only forces covered entities to become accessible, but it makes businesses and governments think about that issue.” — Ed Barocas, civil rights attorney living with FSHD

Accessibility in the built environment

The ADA and the Architectural Barriers Act (ABA) set accessibility standards for buildings and sites in the private and public sectors.

The ADA applies to:

• Private businesses open to the public (restaurants, hotels, daycare facilities,

doctors’ offices, etc.)

• Commercial facilities (factories, warehouses, office buildings, etc.)
• State and local government facilities, including public transportation stations

The ABA applies to places supported by federal funding. This includes:

• Federal buildings (post offices, Social Security offices, federal courthouses, national parks, etc.)
• Other facilities that receive federal grants or loans (public housing units, mass transit systems, etc.)

The ABA covers facilities designed, built, or altered in 1968 or later.

While the ADA’s accessibility standards apply to construction in 1994 and after, the law also requires older buildings to remove accessibility barriers when it can be done “without much difficulty or expense.” Often, renovations must comply with accessibility standards.

Public right-of-way guidelines address access to sidewalks, crosswalks, curb ramps, pedestrian signals, on-street parking, and other components that affect how we move around in cities and towns. These guidelines draw from the ADA and ABA, as well as the Rehabilitation Act of 1973 (Rehab Act).

Air travel

Three laws work together to make air travel more accessible.

The Rehab Act and ADA apply to airport buildings, ensuring public spaces and services are accessible to individuals with disabilities.

The Air Carrier Access Act (ACAA) specifically governs how airlines treat passengers at the airport and on aircraft. The ACAA requirements are summarized in the Airline Passengers with Disabilities Bill of Rights.

ACAA requirements include:

• Airline employees and contractors may not refuse services to someone because of their disability.
• Airlines must provide timely assistance with getting on and off the plane from properly trained personnel.
• Medical equipment or mobility devices must be allowed as carry-ons or checked baggage, depending on the size of the plane.
• If a mobility device is damaged or lost, the airline must cover the full cost of repairing or replacing it.

Communications and technology

This category is becoming increasingly important as we access more of the world digitally.

The Telecommunications Act of 1996 (Telecom Act) includes accessibility requirements that apply to telecommunications equipment manufacturers and service providers. This means smartphones, wireless mobile networks, high-speed internet, and cloud storage should be accessible to and usable by people with disabilities.

The ADA also has provisions specifically related to telecommunications access for people who are deaf or hard of hearing, have speech impairments, or require specialized communication equipment. This means telephones should work with Telecommunications Relay Services (TRS), and televisions should offer closed captions.

The Rehab Act requires federal agencies to make electronic information accessible. This means government websites, online benefits portals, and federal job application sites must follow digital accessibility standards, which include image descriptions, video captions, readable fonts, and other features.

“Access to the digital world is essential to equal treatment and full participation in modern society.” — Audrey Busch, Director of Government Affairs at the Association of Assistive Technology Act Programs

Education

The cornerstone of the Individuals with Disabilities Education Act (IDEA) is that children with disabilities have the right to a free appropriate public education (FAPE) in the least restrictive environment. This law defines what qualifies as a disability and requires public schools throughout the nation to provide early intervention and special education services to qualifying children. This is often accomplished through an Individualized Education Program (IEP), a school-based plan to meet a child’s education needs.

Another option for students with disabilities is a 504 plan, which falls under the Rehab Act. This law ensures equal access to public services, including education. A child may qualify for a 504 plan if they have a disability that substantially limits a major life activity, but they do not need specialized instruction.

In the United States, these two laws work together to provide the resources a child with a disability needs to succeed from kindergarten through high school.

Employment

While the Rehab Act prohibits disability discrimination within the federal workforce, the ADA provides broader employment protections in the public and private sectors. It requires equal opportunity in the job application and hiring processes. Employees with disabilities are entitled to reasonable accommodations that enable them to perform the essential functions of their job, which may include schedule changes, remote work arrangements, assistive technology, or other modifications.

The Fair Labor Standards Act (FLSA) provides employee protections related to wages and working conditions, but it has a contentious provision that allows employers to pay some workers with disabilities less than minimum wage. This is only permitted if the disability impairs the person’s ability to perform job tasks and the employer applies for a subminimum wage certificate. Some states have moved to end this practice.

“There are so many real-world impacts of people being able to get reasonable accommodations that allow them the opportunity to succeed on the job because of the ADA.” — Shannon Wood, Director of Disability Policy at MDA

Healthcare

The Affordable Care Act (ACA) expanded access to reliable health insurance to people living with disabilities, chronic illnesses, and preexisting conditions. Under the ACA, most health insurance plans, including employer-sponsored coverage, individual insurance plans, and government-sponsored programs like Medicaid, must cover care regardless of a person’s medical history and cannot cap how much they will pay for medical care in a year or over a person’s lifetime.

Accessibility in doctors’ offices and hospitals falls under the ABA and ADA. As with other spaces open to the public, buildings must follow accessibility standards or remove barriers.

The ADA’s updated rules about access to diagnostic medical equipment went into effect in 2024. They require public hospitals and healthcare clinics (but not private hospitals or medical practices) to have some specific equipment, including:

• Adjustable height exam tables
• Mammography machines that do not require a person to stand
• Wheelchair-accessible weight scales

In addition, the Rehab Act requires healthcare providers who receive federal funds to follow digital accessibility standards. This applies to websites, online patient portals, mobile apps, and other digital services.

Housing

The Fair Housing Act (FHA) is the primary law prohibiting housing discrimination based on disability. It applies to public and private housing and makes it illegal to discriminate in renting, selling, advertising, and financing. This rule applies to almost any type of residence, from single-family homes and apartment buildings to nursing homes and temporary shelters.

The FHA also specifies that landlords, property managers, and condominium boards must grant reasonable accommodations (such as a reserved accessible parking spot) and allow residents to make reasonable physical modifications (such as installing grab bars in the bathroom or replacing carpeting with hard flooring).

The FHA requires certain accessibility features in new construction of multifamily dwellings (such as unobstructed paths through common areas), and at least some units must be designed to accommodate people who use mobility devices.

The ABA and ADA accessibility standards also apply to areas open to the public, such as leasing offices.

“The ADA ensures that we, people with disabilities, can live, work, and thrive in our communities independently.” — Alicia Epstein, Co-Chair of the CCD Employment and Training Task Force

Voting

Several laws work together to ensure that citizens with disabilities can exercise their right to vote.

The ADA requires accessibility in all aspects of voting in federal and local elections, including voter registration, election websites, polling places, and ballots, whether you’re voting by mail or in person.

The Voting Accessibility for the Elderly and Handicapped Act of 1984 (VAEHA) provides additional requirements for accessible polling places in federal elections. If no accessible location is available to serve as a polling place, voters must have an alternate means of voting on Election Day.

The Help America Vote Act of 2002 (HAVA) requires at least one accessible voting system at each polling place in federal elections. The accessible voting system must provide the same opportunity for access and privacy that other voters receive.

The Voting Rights Act of 1965 (VRA) specifies that the right to vote in federal and local elections is not dependent on being able to read, write, or pass any sort of voting “test.” It allows a voter with a disability to receive assistance from a person of the voter’s choice. This includes having someone deliver your mail-in ballot or assist you in the voting booth.

Amy Bernstein is an editor and writer for Quest Media.

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Key Disability Rights Laws

• Affordable Care Act (ACA), 2010; read MDA’s Guide to the Affordable Care Act (ACA)
• Air Carrier Access Act (ACAA), 1986; read MDA’s Guide to the Air Carrier Access Act
• Americans with Disabilities Act (ADA), 1990; read MDA’s Guide to the Americans with Disabilities Act (ADA)
• Architectural Barriers Act (ABA), 1968
• Fair Housing Act (FHA), 1968; read MDA’s Guide to the Fair Housing Act
• Fair Labor Standards Act (FLSA), 1938
• Help America Vote Act of 2002 (HAVA)
• Individuals with Disabilities Education Act (IDEA), 1975 (renamed in 1990); read Guide to Navigating IEPs and 504 Plans for Kids with Neuromuscular Diseases
• Rehabilitation Act of 1973 (Rehab Act); read MDA’s Guide to the Rehabilitation Act of 1973
• Telecommunications Act of 1996 (Telecom Act)
• Voting Accessibility for the Elderly and Handicapped Act of 1984 (VAEHA)
• Voting Rights Act of 1965 (VRA); visit mda.org/vote