The Americans with Disabilities Act (ADA)
and People with Physical Disabilities
When ADA Isn’t the Solution
Although ADA is an effective tool to counter discrimination
based on disability, it often is not the best solution to people’s
complaints.
This fact sheet discusses questions that demonstrate common misconceptions
about the law.
Q: Can ADA provide funds to help us make our home
accessible?
A: The Americans with Disabilities Act is a federal law
that prohibits discrimination based on disability. While it can be used as the
basis for complaints, it is not a grant program and therefore is not set up to
offer funding for any purpose.
In Wisconsin, low-interest loans for accessibility modifications are available
from the Wisconsin Housing and Economic Development Authority. You can contact
WHEDA at 1-800/334-6873 (Madison) or 1-800/628-4833 (Milwaukee).
Accessibility modification loans also are available through the HOME program.
You can learn more by calling 608/267-0602 (voice), 608/267-9629 (TTY).
Q: Can ADA help a landlord with a disability collect
overdue rent from a tenant?
A: Although ADA protects people with disabilities from
discrimination, it does not provide special privileges. Because this is a
business problem rather than a situation based on disability, ADA is not
applicable. Business people with disabilities, like those without
disabilities, can resolve such problems with the assistance of trade
associations and the legal system.
Q: How can ADA help my relative with a
disability pay the bill for an appliance she bought but can’t afford?
A: Because this is a situation of poor judgment rather than
discrimination, the ADA is not applicable. Any individual—with or without a
disability—who suspects fraud or dishonesty in business transactions can seek
assistance from Wisconsin’s consumer
protection line at 1-800/422-7128 (voice and TTY).
Individuals with disabilities who want to learn budgeting skills can contact
their local independent
living center.
Q: Does ADA require my condominium association to provide
accommodations for my disability?
A: The ADA does not cover residential housing and issues
related to residents. The only aspects of residential housing that may be
covered are discrimination in rental or sales practices.
Residential accommodation issues such as parking and snow removal are within the
jurisdiction of the federal Fair Housing Act of 1988. Inquiries can be directed
to the Discrimination Hotline at 1-800/669-9777 (voice and TTY). Closer to home,
Wisconsin has its own fair housing provisions. To find out if the state law can
help you, call the Division of Equal
Rights at 608/266-6860 (voice) or 608/264-8752 (TTY).
Invoking the ADA or a fair housing law is not the only way to handle this type
of situation. Sometimes problems related to disability can be resolved with the
intervention of a trained advocate. Such a person might be able to explain to
neighbors why accommodations are needed, and how the needs of a person with a
disability might be met in a way that satisfies everyone involved. Individuals
with disabilities who desire the assistance of an advocate can contact their
local independent
living center.
Q: Can ADA help a person with severe anxiety disorder get
vocational rehabilitation services that have been denied?
A: Although ADA applies to people with psychiatric
disabilities, invoking the law requires a formal complaint and possibly a
lawsuit to prove discrimination. Fortunately, there often are public agencies
designated to help people with disabilities try to resolve problems without
legal battles.
In this case, the most effective solution is to contact the Client Assistance
Program. CAP is federally mandated to receive complaints about services provided
or requested through the Wisconsin Division of Vocational Rehabilitation.
CAP can be reached at 1-800/362-1290 (voice and TTY).
Last Revised: January 30, 2006
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