San Jose Elder Lawyer on Disabilities, Discrimination, and the Law

San Jose Elder Lawyer – The Americans with Disabilities Act of 1990 (ADA) is the first federal law guaranteeing that people with disabilities have the same opportunities and options to participate in all areas of life as non-disabled persons. It was modeled on the Civil Rights Act of 1964, and it protects all those with mental or physical disabilities, or those perceived to have disabilities, which limit them in some way. These disabilities may include mental disabilities, physical disabilities, chronic illnesses or conditions. 

Who must follow the ADA? 

In the United States, the state and local governments must follow all federal laws and meet the minimum as set out by those laws. Every state is free to do more than the minimum, but they’re not free to do any less. Private and public entities in all states must follow the rules in the ADA.

What is unlawful discrimination against the disabled? 

Discrimination against the disabled is specifically barring them access to the things everyone else can access for the sole or main reason that the person is disabled. For example, not hiring an otherwise qualified and capable lawyer because he has cerebral palsy is discrimination.

The disabled have the legal right to fair access to public accommodations, education, transportation, communication, recreation, housing, health services, voting, and public services, and to do so free of harassment or other negative behavior targeting them for their disability. 

San Jose Elder Lawyer

At Copenbarger and Copenbarger, LLP, supporting seniors and those with disabilities or special needs is a large focus of our practice. From accessing benefits to help pay for care costs to creating legal plans to ensure a safe and secure future, we are here to answer all of your questions about disability and incapacity planning. To schedule an appointment at our San Jose office or at one of our other offices located throughout the state of California, call (800) 244-8814. 

If you have any further questions about asset protection planning and strategies to shield your wealth, or if you’d like to have your current asset protection plan reviewed to make sure it still meets your needs, please contact us at our California asset protection office at 800-244-8814 to set up a consultation.