The Americans with Disabilities Act (ADA) is a federal law that prohibits discrimination against persons with disabilities in these areas:

1.      Employment - This includes hiring, termination, working conditions, and need for an accommodation at your job because of disability.

2.      Public Accommodations -  Included as public accommodations are hotels, offices (including doctors and attorneys), shopping malls, restaurants, sports arenas, schools, zoos, hospitals, theaters, grocery stores, homeless shelters, libraries, etc.

3.      Public Entities -  This includes all local and state governmental services and programs, including state hospitals and public housing authorities.

4.      Transportation - Buses, trains, light rail must be accessible or alternatives offered.

5.      Auxiliary Aids -  Auxiliary aids (such as interpreters, TTY or amplification devices) must be made accessible for speech and/ or hearing impaired persons.

The ADA applies to persons with psychiatric disabilities if the mental disability substantially limits one or more of the major life activities of the person.  Major life activities means activities such as working, learning, sleeping, thinking, walking, and self-care. Persons who have a record of such an impairment or perceived to have such an impairment are also protected.

In addition to the ADA, Oregon has state laws prohibiting discrimination in employment and public accommodations.

FAIR HOUSING

The federal Fair Housing Act was passed in 1968 as part of the Civil Rights Act of 1968. The Fair Housing Act prohibited discrimination based on race, color, religion or national origin in the sale, rental or financing of housing.  In 1974, Congress added a provision prohibiting housing discrimination based on sex.

In 1988, Congress added provisions prohibiting housing discrimination based on mental and/or physical disabilities. Under the law, landlords and sellers cannot discriminate against a person because the person has a mental disability, and must make reasonable accommodations for a person’s disability.  Examples of types of discrimination are refusing to rent to a person or making different rules apply for a person.  Accommodations may include allowing a person to have an assistance animal or more time to get paperwork in, if each is needed due to the person’s disability.

The federal law does not apply in some cases where the landlord or seller is acting with regard to his or her private house or small apartment building.  The law does allow for the rejection of any tenant or buyer who would directly threaten the health or safety of other individuals or would cause substantial physical damage to the property of others.

Oregon state law covers most small landlords.  Oregon also has a state law prohibiting discrimination based on physical or mental disability in selling, leasing or renting of real property.

WHO TO CONTACT REGARDING DISCRIMINATION CLAIMS

To get more information and to make complaints regarding discrimination, contact the Oregon Advocacy Center, the Bureau of Labor and Industries (BOLl), the Equal Employment Opportunity Commission (EEOC), Legal Aid Services of Oregon, the Oregon Law Center, the Oregon State Bar referral service or a private attorney.  The Fair Housing Council provides assistance regarding housing discrimination.  The numbers for these offices are listed at the end of this booklet.