Disabled individuals have the right to access comfortable, safe housing. Your disability should not prevent you from having a roof over your head, and you are protected by various state and federal laws in this regard. What kinds of protections do you enjoy as a disabled person searching for accessible housing? How do you fight for your rights in an effective manner? What should you do if you encounter a situation in which a landlord or company is restricting your rights? Can you take action if you experienced disability-based discrimination? These are all questions you might want to ask your disability discrimination lawyer. 

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The California Fair Employment and Housing Act (FEHA)

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If you are serious about fighting for your rights as a disabled person, consider California’s Fair Employment and Housing Act (FEHA). This law states that any discrimination based on disability is illegal in the housing sector. The definition of discrimination is relatively simple in this context: If someone treats you differently than an average person specifically because of your disability, you are experiencing housing discrimination. 

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What are Some Examples of Housing Discrimination Based on Disability?

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Housing disability discrimination can occur in many different forms. In the context of unequal treatment, your landlord might charge you extra rent because of your disability. They might also ask you to stop engaging in activities related to your disability, such as using machinery or medical devices in your home. 

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One of the most obvious examples of disability discrimination involves physical barriers that prevent you from accessing your home. You might be unable to navigate to the entrance in a wheelchair due to a staircase and no ramp. You might struggle to open the front door with a set of keys, perhaps due to partial or total paralysis. 

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If these barriers exist, your landlord or housing management company might be legally required to provide solutions. These accommodations might include ramps, elevators, and automatic doors activated with fobs instead of keys. 

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Another subtle form of disability is forcing you to rent a unit on the ground floor if you have a wheelchair or you’re experiencing mobility issues. Regardless of what your landlord says, you have the right to request a rental unit at the second, third, or higher floors. You are not “automatically” limited to a ground-floor unit just because you have a disability. 

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Can My Landlord Evict Me Because of My Disability?

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FEHA prevents your landlord from evicting you specifically because of your disability. In California, this could be interpreted as a form of illegal “retaliation.” For example, you might complain about the lack of access based on your disability. In response, your landlord might invent some bogus reason to evict you. 

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Even if your landlord appears to have a legitimate, non-disability-related reason for evicting you, the truth may eventually become clear. If you suspect you are being evicted specifically because of your disability, you should speak with a disability discrimination lawyer in California. Your lawyer might be able to uncover evidence that proves the eviction is occurring only because of your disability. 

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Can I Request Accommodations Based on My Disability?

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You may be able to request “reasonable” accommodations and modifications due to your disability. If it becomes clear that these accommodations are necessary to provide you with equal use and enjoyment of your housing, they may be legally required under California law. 

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However, you should know that your housing provider can push back in certain situations. First, they may argue that the accommodation would “fundamentally alter” the housing. They might also attempt to avoid making these modifications by claiming that they represent an “undue burden.” Finally, the modifications might not be possible if they would cause safety threats or property damage for other parties. 

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Although these arguments could be successful, you can push back with help from a lawyer. Your attorney can challenge the arguments of your housing providers, perhaps establishing that your proposed modifications do not represent undue burdens. 

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Disabled People Might Be Able to Circumvent “No Pet” Policies

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Many disabled people in California depend heavily on service animals for assistance. These animals are not exactly “pets,” and their assistance may be crucial for the very survival of disabled people. In the same way that a landlord must accommodate someone with a wheelchair, they must also accommodate someone with a wheelchair. Among other laws, these rights are guaranteed under the Disabled Persons Act of 1968. 

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Even if a landlord has a no-pets policy, they may need to make an exception for disabled people with service animals. You can also submit a request for a service animal after moving into a rental unit. For example, you might suffer a disability five years after moving into your rental home. In this case, you could submit a written request for a service animal – and your landlord would likely need to accept this request. This is true even if you both agreed on a no-pets policy when you originally moved in. 

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Note that the definition of a service animal is quite broad in California. The obvious example is a dog specially trained to help a blind person. Service animals may also assist those in wheelchairs. However, “emotional support animals” may also fall into this category – especially for people with mental disorders and disabilities. 

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If you are experiencing issues with your service animal, consider speaking with an experienced disability discrimination lawyer. These legal professionals may be able to help you bring an animal into your new rental home – or request an accommodation if you’ve already moved in. 

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How Can a Disability Discrimination Lawyer Help Me Access Housing?

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A disability discrimination lawyer in California may be able to help you fight for your housing rights. If you are experiencing needless barriers during your search for accessible housing, you might have the right to take legal action. You might also take action if you are being threatened with eviction solely because of your disability. State and federal laws protect disabled people against housing discrimination in California, and you have every right to fight for your rights with help from an experienced legal professional. Consider working with McGuinness Law Group to discuss your next potential steps. 

Businesses in California can take many steps to enhance accessibility and support disability rights. On one hand, this is an ethical choice that helps business owners feel good about serving everyone in their community. In addition, prioritizing disability rights also represents a shrewd business decision – as more accessibility naturally means more paying customers. Finally, this is an important choice from a regulatory perspective. Companies that fail to enhance accessibility may face punitive action from government agencies – or even discrimination lawsuits. Businesses can achieve these various goals with a few innovative strategies – potentially with guidance from a disability discrimination lawyer. 

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Disability Improvements May Be Required if You Renovate

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According to the California Building Code, businesses must make disability improvements whenever they renovate existing structures or build new ones from scratch. During a renovation, the entire area under renovation must meet California’s new accessibility standards. Even outside of the area being renovated, certain aspects may need to be improved during this process. These might include bathrooms, drinking fountains, signs, and paths of travel. 

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If You Can Afford to Make the Improvements, You Must Make Them

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The California Building Code also states that businesses can only avoid making disability improvements if they can afford to do so. Note that if you attempt to claim that disability improvements are unaffordable, you must prove that this is true. The burden of proof lies with you. Even without these improvements, you might be required to make other, lower-cost improvements. 

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Hire a Certified Access Specialist

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One of the first steps for many businesses is to hire a Certified Access Specialist (CASp). These professionals arrive at your location and evaluate disability accessibility. At the end of the evaluation, the CASp provides you with a report detailing your compliance or noncompliance with state and federal accessibility requirements. If you fail to meet these requirements, you may need to provide the CASp with a reasonable timeline for the planned improvements. Note that if you face a disability discrimination lawsuit due to inaccessibility, a CASp inspection report may allow you to delay the lawsuit for a few months. 

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Consider Assistive Technologies

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Some of the most innovative new strategies for improving disability access involve “assisted technologies.” Also known simply as “AT,” these improvements can improve the functionality and independence of people living with disabilities. AT can also help elderly individuals who are trying to navigate various California businesses. The Department of Rehabilitation states that by 2030, two billion people around the world will need at least one assistive product. 

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Assistive technology does not need to be complex or expensive. One of the most basic examples is an automatic soap dispenser, which may allow people with disabilities to wash their hands properly. 

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If your business uses screen displays, you can easily improve disability access. Captioning is an obvious step, and you can set up this technology with little effort. Screen readers can also help the visually impaired. One of the most complex screen upgrades is a braille display. 

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Educate Your Employees About Best Practices and Maintaining Independence

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If you have employees who interact with customers directly, you might want to educate them about how to serve those with disabilities. One of the most common mistakes for employees is to touch the wheelchairs of disabled individuals. Various sources confirm that a wheelchair is part of a disabled person’s “safe space,” and you should only touch it with permission. Many disabled people value their independence, and they prefer to navigate stores of their own free will. Although serving disabled individuals is important, it does not involve taking away their independence. 

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On the same note, an employee should always address a disabled person directly instead of speaking to their caregiver or companion. A person may be disabled, but this doesn’t mean they can’t communicate effectively. Even if an individual struggles to communicate their thoughts, employees should still make an effort to listen and serve them directly. When an employee addresses a companion or caregiver instead, the disabled person often feels less independence and a lack of agency. 

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You Can Get Funding for Disability Improvements

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Some of the most innovative strategies reduce costs for businesses planning to improve accessibility. California operates many such programs, including the EmployABILITY Business Grant. With this grant, businesses can cover the cost of new equipment, training, consulting, and all other expenses related to hiring disabled employees. Although this funding targets employees with disabilities, many of the improvements in your workplace may also improve accessibility for average customers. 

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Under California law, businesses must improve accessibility for both disabled individuals and employees. The Equal Employment Opportunity Commission (EEOC) may sue businesses that fire workers due to their disabilities or fail to hire them specifically because of their disabilities. If your workplace cannot support disabled employees, you may still need to hire them and then attempt to make the necessary improvements. 

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Disability Access Also Applies to the Digital World

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Many of today's most successful businesses operate entirely digitally. However, even if they do not have physical storefronts, these companies are still required to prioritize accessibility for disabled people. 

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The Americans with Disabilities Act (ADA) contains many requirements for websites. Among other things, text must be of a certain size. Businesses must also choose fonts that are easy to read and not overly stylized. In addition, the contrast between text and background is important for ADA compliance. To learn more about ADA web compliance, speak with an experienced disability attorney. 

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Can a California Disability Discrimination Lawyer Help Me?

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If you believe that a business is not taking sufficient steps to provide access to disabled individuals, you might want to speak with an experienced disability discrimination lawyer in California. These legal professionals can push back against businesses and hold them accountable for failing to provide you with equitable treatment. Under California law, businesses face serious consequences for blocking access to disabled individuals. This applies to both the physical world and the digital world. To learn more about a potential discrimination lawsuit, contact McGuinness Law Group today. 

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July 2024 marked the 34th Anniversary of the Americans with Disabilities Act. The ADA was the world's

first comprehensive civil rights law for people with disabilities. ¹ It was strengthened and expanded in

2008, in response to misinterpretation by the Supreme Court, in a bill called the ADA Amendments Act.

Republican presidents signed both bills, with overwhelming Republican congressional support.

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¹ https://www.archives.gov/calendar/ada25#:~:text=Signed%20on%20July%2026%2C%201990,Lawn%20of%20the

%20White%20House

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1991, George H.W. Bush was president, but Democrats controlled Congress. ² Only 8 senate Republicans

voted against the ADA. 3 President Bush later said that signing the ADA was his greatest achievement. ⁴

Later in life, when he became disabled, he was assisted by his service dog, Sully. ⁵

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In 2008, Bush Senior’s son, George W. Bush, was our Republican president. Democrats held the House,

but now were tied with Republicans in the Senate. ⁶ The ADA Amendments Act passed the Senate by

unanimous consent. No one voted against it. ⁷ The ADAAA comprised only one part of George W.’s “New

Freedom Initiative”, announced only two weeks into his administration ⁸ , to expand funding and services

for people with disabilities by increasing assistive technology and universal design, increasing education

funding, and “Promoting Full Access to Community Life.” ⁹

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Of course, these bills succeed based in years of advocacy by disabled people and their allies. But they

succeeded on a bipartisan basis because those Republicans understood, respected, and chose to protect

the contributions people

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If you are not a person with a disability, you probably know someone who is. Thirteen percent of

Americans have disabilities that affect their daily lives.¹ Twenty-four percent of Americans over the age

of 65, and forty-six percent over the age of 75, have a disability.² If you know someone disabled, are

disabled now, or plan to grow old in the future, you must vote in this election to help protect disabled

Americans. Tammy Duckworth, Senator from Illinois, thinks it is essential that you do.

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Many people know that Sen. Duckworth is a person with a disability who uses a wheelchair and has

limited use of her right arm because, while serving a combat mission in Iraq, her Blackhawk helicopter

was struck from the sky by an RPG. Since serving in Congress, voting rights for everyone -- particularly

people with disabilities -- has become one of her main issues.³

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¹ https://www.pewresearch.org/short-reads/2023/07/24/8-facts-about-americans-with-disabilities/#:~:text=Overall%2C%20there%20are%20about%2042.5,care%20or%20independent%20living%20diffic

ulties.

² Ibid.

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“Voting is a fundamental pillar of our democracy, and our democracy is stronger when every voice is

heard,” Sen. Duckworth has said.⁴ “Your vote is your voice.”⁵ In this election year, you can protect

disability rights by using that voice.

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Disability Rights was always a bipartisan issue. Republican President George H.W. Bush signed the ADA,

and Republican President George W. Bush signed another bill strengthening it. Sadly, the Trump

administration broke that traditional bipartisan support.

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The Trump Justice Department withdrew technical advice encouraging the rights of disabled people to

work.⁶ It halted progress on regulations designed to ensure that the Internet is accessible to blind people

and others with disabilities. ⁷ The Trump administration worked energetically to repeal the Affordable

Care Act and cut funding for Medicaid. ⁸ It acted to “remove benefits that allow people with disabilities

to access health insurance and home health services. Instead of staying in their communities and

possibly working, many would be institutionalized.” ⁹

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Trump also proposed drastic cuts in Social Security Disability Insurance, “the only source of income for

millions of Americans unable to work.” ¹⁰ There is only once voting option for anyone who cares about

disabled people’s ability to live independent, safe and moderately secure lives.

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Even if you are not disabled, don’t know anyone disabled, and plan to be healthy forever, please vote in

this election. Vote to honor and protect disabled veterans, including Sen. Duckworth.

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The nonpartisan League of Women Voters offers other concrete ways to help support voting rights,

here: https://www.lwv.org/blog/voting-rights-heroes-disability-community

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³ https://www.duckworth.senate.gov/news/in-the-news/from-jobs-to-voting-booths-accessibility-should-be-the-

default-in-america_opinion

⁴ https://www.duckworth.senate.gov/news/press-releases/duckworth-durbin-wyden-28-senate-colleagues-

introduce-legislation-to-recognize-september-as-national-voting-rights-month

⁵ https://www.facebook.com/SenDuckworth/posts/your-vote-is-your-voice-with-the-freedom-to-vote-act-we-can-

help-stop-republican/2050869135087025/

⁶ https://archive.ada.gov/withdrawn_olmstead.html

⁷ https://www.reuters.com/article/idUSKCN1C022I/

⁸ https://www.cbpp.org/blog/presidents-budget-would-hurt-people-with-disabilities-1

⁹ https://www.reuters.com/article/idUSKCN1C022I/

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The second week of September 2024 was named National Disability Voting Rights Week, a perfect opportunity to think about how the right to vote, enshrined in the US Constitution, is – or is not – honored in everyday life. Each state has its own voting rights laws, which in 2020 showed to be a strength of American democracy.  But it also can cause confusion for voters.  And in some places, the right to vote is under attack.  Here is a FAQ for all your how-to-vote questions, including the rights of voters with disabilities.  https://www.aclu.org/know-your-rights/voting-rights.

And here is a fascinating blog post from the nonpartisan League of Women Voters, published last year during Disability Voting Rights Week.  Did you know that Fannie Lou Hamer, Barbara Jordan, and other extremely effective voting rights activists were women with disabilities?  I did not!  Here’s to highlighting their contributions:  https://www.lwv.org/blog/voting-rights-heroes-disability-community.

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About the Firm:

McGuiness Law Group is a nationally recognized law firm focused on advancing the rights of people with disabilities through strategic and cutting-edge litigation. We combat discrimination, enforce equity, and expand the rights of people with disabilities. We focus on housing, education, employment, access to government services, and public accommodations. We handle cases in federal and state courts across California, from our base in Oakland.

McGuiness Law group offers unique opportunities for talented individuals who share our passion for litigation and social justice, enjoy work-life balance in a collegial office environment, and produce excellent work with integrity.

Learn more about our firm here: https://www,mcguiness-legal.com/

‍The Position

McGuiness Law Group is hiring an Associate with 5+ years of relevant legal experience. The Associate position is full time or 80%, depending on the applicant’s preference. To apply please email a resume, cover letter, and writing sample to Shalishah Patrick at spatrick@mcguinness-legal.com.

Responsibilities

The attorney will litigate federal and state court disability discrimination cases, investigate potential cases, prepare complaints, draft briefs on dispositive motions and other motions, handle all discovery including taking and defending depositions, conduct oral argument, and conduct trials. The attorney will work in conjunction with the Firm’s lawyers and, upon demonstration of competence, become lead counsel on cases.

There is an in-office requirement that will be set depending upon personal circumstances.

Salary and Benefits

McGuinness Law Group provides a competitive salary, bonuses and a benefits package, including fully covered PPO healthcare and a 401K match. We offer paid time off to vote and to volunteer at elections.

Experience and Qualifications

Applicants should have strong academic credentials, superior research, writing, and verbal skills, and a demonstrated commitment to the public interest. California State Bar membership required; pending California bar applications acceptable.

We highly value trial experience.

We seek people who work collaboratively and can adapt to changing circumstances and manage the stress of a litigation practice. We welcome candidates who think creatively about how to expand the law on behalf of the disability community.

Currently at McGuinness Law Group, each employee either is a person with a disability or loves a person with a disability.  We encourage applicants who have personal insight into the experience of disabled people in America.  

Equal Opportunity

McGuinness Law Group is an equal-opportunity employer that maintains a supportive, equitable environment. We encourage applications from all individuals without regard to actual or perceived race, color, national origin, ancestry, citizenship, religion, sex, gender identity or expression, sexual orientation, marital status, pregnancy, familial status, family responsibilities, age, personal appearance, matriculation, disability, medical condition, genetic information, political affiliation, military or veteran status, or record of arrest or conviction. We encourage applications from people who identify with historically underserved or underrepresented communities.

McGuinness Law Group provides reasonable accommodations for applicants and employees with disabilities. Any applicant needing accommodations in the application process should contact Celia McGuinness at 510-439-2952 or cmcguinness@mcguinness-legal.com.

Applications considered on a rolling basis.