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Frequently Asked Questions for Civil Rights

 

How does the President's New Freedom Initiative affect Americans with disabilities?
My child who struggles with a learning disability attends a public school. What rights and services is he entitled to?
My Mother lives in a nursing home. I am worried that she may be experiencing mistreatment by the staff. What signs should I be looking for and how do I report the mistreatment?
I am a person with a visible disability. In terms of employment, what rights do I have under the ADA?
What does HIPAA (Health Insurance Portability and Accountability Act) require the average provider or health plan to do?
How do I file a complaint if I feel like my housing rights have been violated?
I am a person in a wheelchair. I just took a job that requires a lot of traveling. How accessible are airplanes and what are my rights when traveling?


 

How does the President's New Freedom Initiative affect Americans with disabilities?

The goals of the New Freedom Initiative include giving all Americans the opportunity to learn and develop skills and gain employment. They will also have more choices in where they live so that they can more fully participate in community life. To do this, the federal government is increasing access to assistive and universally designed technologies. They are also expanding educational opportunities for Americans with disabilities, and promoting full access to community life.

For additional information on the New Freedom Initiative, refer to the GUIDE portion of this section.

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My child who struggles with a learning disability attends a public school. What rights and services is he entitled to?

Under the Individuals with Disabilities Education Act (IDEA), students with disabilities are entitled to learn what all the other students their age are learning. Accommodations must be made to ensure the participation of students with disabilities in the general curriculum. Your child is entitled to services that will help him/her succeed in school. Accommodations and services are usually outlined in a student's Individualized Education Plan (IEP). The IEP is a document that is drafted after a child has been evaluated and found in need of special education services. For more information about this topic, refer to the Guide to Education Rights. For more information about the Individualized Education Plan (IEP), browse the library education section.

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My Mother lives in a nursing home. I am worried that she may be experiencing mistreatment by the staff. What signs should I be looking for and how do I report the mistreatment?

Since elders are dependent on others for help with daily activities, mistreatment or elder abuse is a common problem, especially by the caregiver. Common signs of abuse include:

  • An injury that does not have a consistent explanation.
  • Pain from being touched.
  • Frequent visits to the hospital while not seeing a regular doctor.
  • Lack of basic necessities such as food, water, and utilities.
  • Forced isolation.

If you suspect abuse, there are different agencies you can call. For a more expansive list of signs of abuse and contact information for reporting abuse, go to: www.nursinghomeabuse-news.com/html/resrights.html.

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I am a person with a visible disability. In terms of employment, what rights do I have under the ADA?

ADA or the Americans with Disabilities Act protects individuals with disabilities from discrimination in the workplace and during the hiring process. There are numerous rights that individuals with disabilities have in terms of accommodations in the workplace and guidelines on what employers can ask during an interview. For more information concerning ADA and employment, go to the GUIDE portion of this section.

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What does HIPAA (Health Insurance Portability and Accountability Act) require the average provider or health plan to do?

The Health Insurance Portability and Accountability Act, requires providers and health plans to:

  • Grant notice of privacy practices.
  • Provide access to medical records.
  • Take reasonable steps to ensure that their communications with the patient are confidential.

For more information about HIPAA and the law's requirements, go to: www.hhs.gov/ocr/hipaa/.

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How do I file a complaint if I feel like my housing rights have been violated?

If you feel that your housing rights have been violated, you can submit a formal complaint to the Federal Department of Housing and Urban Development (HUD). The Federal government will usually require that you try to resolve the issue with your state and local offices first. Go to the HUD Housing Complaints page to find your local office: www.hud.gov/complaints/housediscrim.cfm.

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I am a person in a wheelchair. I just took a job that requires a lot of traveling. How accessible are airplanes and what are my rights when traveling?

The Air Carrier Access Act states that people with disabilities cannot be discriminated against when traveling by air. Actions have been taken to eliminate barriers that may exist on airplanes for people with disabilities. All airline carriers with the exception of foreign carriers must provide accommodations, services, and timely information for people with disabilities. There are also accommodations available at different airports. For more information on the Air Carrier Access Act and traveling rights, refer to the GUIDE portion of this section.

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