Legal Rights
There are three laws that will affect individuals with disabilities. These are, the ADA, in the Individuals with Disabilities Education Act (IDEA) and the Civil Rights Act, especially section 504.
The Americans with Disabilities Act (ADA)
ADA requires equal access to employment, child care centers and public facilities. ADA applies to organizations such as child care facilities off the reservation. However, in recognition of tribal sovereignity, tribal organizations are not required to comply with ADA unless it has been adopted by the tribal council. There are a lot of misconceptions about what ADA does and does not require. First of all, no employer, on or off the reservation, is ever required to hire an unqualified individual with a disability. If the job requires typing 75 words per minute, and an individual can only type 50 words per minute because of a disability, then that person is not qualified and the employer is not required to hire him. However, employers are required to make reasonable accommodations. If a person has a disability that prevents the person from standing for long periods and she could do her job just as well sitting down, the employer is required to allow her to sit on a chair during her shift.
Two useful resources are these documents found in the Virtual Library.
Myths and facts about the ADA - This is a very short, informative read. Did you know that, in a study of over 400 ' reasonable accommodations' one employer made under this law, 69% of them cost nothing.
Employment and the ADA - facts from the Department of Justice.
Click here for a PowerPoint presentation on the Americans with Disabilities Act
Next page, Individuals with Disabilities Education Act