Are Persons with TB Protected by Federal Disability Law?
The Federal Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 (ADA) protect individuals from disability-based discrimination. Virtually all AOD programs are subject to one or both of those laws. Under those statutes, AOD providers: May not exclude from treatment a qualified individual — that is, an individual who meets the essential eligibility requirements of the program — on the basis of a disability May not establish eligibility criteria that screen out or tend to screen out the disabled — unless the eligibility criteria are necessary for the provision of the services the program offers or are necessary for the safe operation of the program May not provide services to a disabled person that are different, separate, or not equal to those that are offered to others — unless doing so is necessary to provide the individual with services that are as effective as those provided to others May not engage in acts or practices that discriminate against the disable
The Federal Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 (ADA) protect individuals from disability-based discrimination. 2 Virtually all AOD programs are subject to one or both of those laws. Under those statutes, AOD providers: • May not exclude from treatment a qualified individual — that is, an individual who meets the essential eligibility requirements of the program — on the basis of a disability • May not establish eligibility criteria that screen out or tend to screen out the disabled — unless the eligibility criteria are necessary for the provision of the services the program offers or are necessary for the safe operation of the program • May not provide services to a disabled person that are different, separate, or not equal to those that are offered to others — unless doing so is necessary to provide the individual with services that are as effective as those provided to others • May not engage in acts or practices that discriminate against t
