Disclaimer
The information presented in any of the Demand Our Access podcast episodes, on the Demand Our Access website, or otherwise shared in conjunction with or through association with the Demand Our Access project is expressly not individual legal advice. Applying the law depends on the circumstances and events that comprise every situation. Since legal advice is fact-specific, nothing about the Demand Our Access project can provide an individual, a group of individuals, or any organization legal advice.
Introduction
Without getting too political, I think most people would agree that advocating for civil rights will not be the same under the incoming Trump administration as it has been under the Biden administration. That being said, I strongly believe that advocating for our rights, even if you don’t believe our advocacy efforts will be as successful, is even more important than maybe it has ever been. I say that because if the Trump administration is serious about cutting programs that provide greater access and inclusion, one of the best ways we can defend the programs we need is to demonstrate how many things still aren’t working. To put it another way: if very few people are requesting accommodations or modifications, or asking government to enforce violations, the easier it will be for officials to argue that our civil rights programs aren’t needed.
Before getting into how we can advocate for our rights during the second Trump administration, I think it’s important to provide some reminders as to what actually happened during the first Trump administration and how little we are on his mind:
- The first Trump administration made no real effort to repeal or seriously weaken the ADA and related laws.
- Trump almost never talks about the ADA and those of us with disabilities.
- He has not promised to reduce the rights of those of us with disabilities.
- Trump wouldn’t get many political points by launching an attack against the disability community and/or by threatening to destroy the access we currently have.
I shared those reminders because I believe the first Trump administration, at least when it comes to the civil rights of those of us with disabilities, is a good indicator of what the second Trump administration will be like for our advocacy efforts. As you may remember, the first Trump administration did basically nothing to improve access for those of us with disabilities. But it didn’t go out of its way to destroy the gains we have made prior to Trump taking office for the first time. Currently, that is what I expect to happen beginning on January 20. Since I don’t expect our concerns to be taken seriously, we need to begin our look at advocating during the second Trump administration by considering how we can advocate for our rights outside of the Department of Justice, the Equal Employment Opportunity Commission, and the rest of the federal agencies with oversight over our civil rights laws.
Advocating for Our Rights Under the Second Trump Administration
A key to our advocacy efforts under the second Trump administration will be using the state and local laws that provide us similar protections to those we have under the ADA at the federal level. How effective advocacy efforts will be at the state and local level will depend, in part, on how seriously your state and/or local government takes the civil rights of those of us with disabilities. So, everyone’s mileage will not be the same. But everyone, except those of you living in Alabama, has a state law promising civil rights protections to disabled people.
Obviously, I cannot cover the 49 state laws that provide protections to those of us with disabilities on this podcast. In the recording, I discussed a table listing the state-specific laws. I was not able to publish that table to the site, because I am having issues with the way WordPress is interpreting the HTML for the post with the table. In case you consider your state’s law, I want to give you a few important reminders:
- No state law can provide us fewer protections than we get from the ADA and related laws.
- States are allowed to provide greater and different protections than are provided by the ADA.
- Most of the state laws providing us civil rights protections are very similar to the protections provided by the ADA.
- Some states offer protections of our civil rights when it comes to education.
- Some states offer protection of our civil rights when it comes to financial issues.
- Some states offer protection of our civil rights when it comes to housing.
- Only a few states directly call out protections similar to those offered by Title II of the ADA (covering the activities, programs, and services of local governments).
- Most state laws address the protections offered by Titles I and III of the ADA (covering employment and businesses and nonprofits respectively).
Advocating Under Title I and Your State’s Law
As you most likely know, The Equal Employment Opportunity Commission (EEOC) oversees compliance with Title I of the ADA. What you may not know is that the EEOC has partnership agreements with state and local agencies it calls Fair Employment Practices Agencies (FEPAs). Generally, the agreements between the EEOC and the FEPAs call for joint jurisdiction over filed claims. This means that by viling with the EEOC you are very likely to also be filing with your local FEPA. If the EEOC can’t or won’t investigate your complaint, there is a chance they will work out an arrangement with your local FEPA that will result in your complaint being investigated. This is especially true if your claim raises issues of state law as well as issues under Title I.
The EEOC does not have a page listing all of the FEPAs. So, I cannot provide you an easy resource you can use to discover the agency in your community that works with the EEOC as a FEPA. But a simple search for your local FEPA should give you the required contact information. If your local FEPA has a filing process that is more accessible than is the filing process offered by the EEOC, you can choose to file with your local FEPA. In all likelyhood your complaint will reach the EEOC even if you file through your FEPA.
Advocating Under State Law Protections Like Titles II and III
While the Department of Justice is largely responsible for addressing claims filed under Titles II and III of the ADA, we can use, where available, state laws that provide similar, greater, or different protections than do Titles II and III. Again, I can’t discuss all of the state and local agencies that have enforcement powers over local laws providing similar protections to Titles II and III, but I can provide some tips you can use if you need to file under a local law:
- See if your state or local community has a human rights commission or some other agency with "human rights" in its name.
- See if your state or local community has an office of equity and inclusion.
- See if your state or local community has an agency with the word "disability" in its name.
If you find an office with one of those words in its name, it is likely it will be the place that can address your complaint. If not, it is almost certain that the agency will be able to direct you to the right place.
Local Laws Protecting Our Civil Rights
Again, I can’t possibly cover all of the local laws providing us civil rights protections, but you should be aware that many cities, counties, and towns have adopted local laws that discuss our civil rights. Examples of communities with civil rights laws granting those of us with disabilities protections include but are not limited to: New York City; San Francisco, CA; Chicago, IL; Austin, TX; Los Angeles, CA; and Seattle, WA.
Local Enforcement
All of the cities listed in the previous section have offices that, to differing levels, have the authority to enforce their local civil rights laws. If you are facing discrimination, it’s a great idea to find out if your local community (whether it be state, local, or both) has a civil rights law providing those of us with disabilities protections. If your local community has a civil rights law that provides us some protections, it is very likely there is an agency with the authority to take enforcement actions.
If you don’t have a local office that investigates claims of discrimination, you can always look at your local district attorneys office and/or your state’s attorney general. Again, your milage will vary, but there are ways to have violations of your state law protections investigated.
Don’t Forget Local Organizations
If you are struggling to figure out who to contact, don’t forget to ask local organizations in your community if they can help. Maybe someone in your state or local ACB affiliate will be able to help. Maybe your local NFB chapter will have an answer. It is likely your local Client Assistance Program (normally charged with assisting you when you have issues with your rehab agency) can provide assistance.
Many state bar associations have lawyer referral programs. While the terms of these lawyer referral programs are different, it is very likely you can be matched with at least one lawyer who will provide you a free consultancy to briefly discuss your situation.
In every community there are organizations and people who are able and willing to help. If you are experiencing discrimination, you will, if you work at it, be able to eventually find a way to have your discrimination addressed. This is true even if the Trump administration is even less interested in advancing our civil rights than the Biden administration has been.
Conclusion
Thank you for listening to this episode of the Demand Our Access podcast. I truly appreciate your support.
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