OAC is an independent nonprofit organization that provides legal advocacy services for people with disabilities anywhere in Oregon. OAC is designated under federal law as the protection and advocacy system for Oregon, but it is not a government agency. OAC has attorneys and advocates who assist people with disabilities.
This pamphlet contains general information about legal issues and legal rights and is not a substitute for legal advice. For specific information about how these laws affect you, contact OAC or your attorney. Sources of legal assistance are suggested in this pamphlet.
This pamphlet includes citations to Oregon Revised Statutes (ORS), the United States Code (USC) and the code of Federal Regulations (CFR). "Et seq" means the additional sections of the law following the section number given. These laws and rules are available at the law library in each county.
Assistive Technology (AT) is equipment or devices that make it easier for someone who has a disability to maintain or increase functioning in a major life activity (such as seeing, learning, walking, speaking, etc.). It includes services that help someone choose and learn to use the devices best for them.
Some examples are:
Many individuals with disabilities encounter barriers to living as independantly as they would life. They may find that their choices in living arrangements, transportation, social and recreational activities and other aspects of everyday life are more limited than if they did not have disabilities.
"Independent living" (IL) is not defined only as living on one's own. The philosophy of the IL movement includes the values of choice and equal access. Its goal is to maximize the independence and productivity of individuals with disabilities, and their integration and inclusion into the mainstream of American society. Congress has passed laws which enhance rights and has provided some funds for IL services.
An individual with a disability is someone who has, has a record of having, or is regarded by others as having a mental or physical impairment which substantially limits one or more major life activities (such as walking, hearing, learning or working).
Chapter VII of the federal Rehabilitation Act specifically creates a delivery system for IL services, which can include AT, if an individual with a disability is eligible and has a relevant IL Plan. Individuals must apply through vocational rehabilitation offices, IL centers or the Commission for the Blind for these services. Because only minimal funds have been allocated for these services, IL centers focus primarily on "IL services" (e.g. peer counseling, skills training, and AT demonstrations) rather than purchasing AT for individuals.
However, several federal and state statutes provide protection from discrimination on the basis of disability. There are situations where AT might be necessary to enable an individual with a disability to "meaningfully participate" in an activity, which means getting the same or comparable benefit out of the activity. Failure to provide AT as a reasonable accommodation to the disability might be found to be unlawful disability discrimination under these laws.
These laws can be found at:
Regulations vary by Federal Agency providing the financial assistance.
These laws do not cover all situations. In particular, private clubs and religious organizations are exempt from many of these laws. You may need to seek legal advice about what is covered.
Private landlords are not required to provide equipment, even that which involves
installation, such as
Federally subsidized housing providers may have to furnish these items at their cost under Section 504.
Any new multifamily housing built to be occupied for the first time after March 31, 1991 must be architecturally accessible. For example, light switches must be in accessible locations and bathroom walls must be reinforced to allow installation of grab bars. Otherwise, when changes to your own unit are necessary to accommodate your disability, the landlord must let you make them (at your own expense), as long as they are reasonable. "Reasonable" means that the unit will be left acceptable, after you move out, to someone who does not need the modification you made. That can be either because the modification itself will not decrease the next tenant's use or enjoyment of the unit, or because you will undo the modification when you leave.
Contact your local public transit authority if you need access to a bus with a wheelchair lift or other form of accessible public transportation. Some transit authorities provide paratransit service from your home instead of a fixed-route bus stop.
If you need a wheelchair lift and/or tie-down system for your own vehicle, you may be eligible for this equipment through the resources suggested in this pamphlet.
Examples of assistive technology that may be needed to participate in recreational
activities are:
The entity (such as a private business, non-profit organization, or state or local government program) which provides the recreational activity might be responsible for providing the equipment you need. You will need to show that it is a reasonable accommodation to your disability without which you could not meaningfully participate.
An entity does not have to provide accommodations such as AT if it does not know of the disability and need for accommodation. It is your responsibility to disclose your disability and seek accommodation.
The AT must be needed, not just helpful, in order to impose any obligation to provide it. If there are ways to participate meaningfully without AT, AT will not be required as a reasonable accommodation. For example, a restaurant would not have to provide a braille menu if waiters are instructed to read menus to blind diners upon request.
An entity does not have to provide the accommodation if it would impose an "undue hardship" on the operation of the activity. Undue hardship means that there would be significant difficulty or expense in light of factors such as nature and cost of the accommodation in relation to the size, nature, financial resources and structure of the entity.
Also, accommodations are not required if, even with them, a participant would pose a "direct threat" to the health and safety of others.
Entities must pay the full cost of AT needed by the participants, unless one of the limits explained above applies. The costs cannot be charged directly to the individual with the disability. In many situations, the entity may be eligible for tax credits to offset some of these costs.
If the full cost of AT would be an "undue hardship", the entity could be required to pay the amount that is not an undue burden and the participant could attempt to pay the balance.
If the entity sponsoring the activity is not legally required to provide the AT and refuses to provide it, the individual with the disability will need to explore alternate sources of funding.
Possibilities include:
There are several steps you can take on your own to seek AT for your independent living needs. First, you need to identify the entities from whom you should seek the AT. Because there are often several possibilities, you may want to discuss your situation with an advocacy organization.
Second, you should make a written dated request for the AT, explaining:
Initially, you do not need to give extensive information about your disability or sign a release giving full access to your medical records. However, you do need to provide basic information and may be asked to produce a letter from a professional verifying the disability and how it substantially limits a major life activity.
Your letter should ask for a written response by a certain date. If you are dissatisfied with the response, or get no response, the next step could be to file an internal grievance if a grievance process is available.
Be sure to keep copies of your correspondence and make notes of all conversations you have about your disability and demands for AT.
The law protects you from retaliation for asserting your rights under the disability discrimination laws. Retaliation, such as harassment or exclusion, is a separate violation of these laws.
If you are refused the AT which you believe is legally required, you can consider taking formal legal action to enforce your rights.
You can file a complaint with the federal Department of Justice against a state or local government, a federally financially assisted organization, or a private business.
U.S. Department of Justice
Civil Rights Division
Disability Rights Section
PO Box 66738
Washington D.C. 20035-6738
1-800-514-0301
If your complaint specifically concerns the refusal of a landlord to allow installation of AT, you can file a complaint with the federal Department of Housing and Urban Development (HUD) through its regional office serving Oregon:
HUD Region X
Arcade Plaza Building
1321 Second Avenue
Seattle, WA 98101-2058
(206) 553-5414
1-800-669-9777
1-800-927-9275 TTY
or with Oregon's Bureau of Labor and Industries (BOLI):
Portland Civil Rights
State Office Building
800 NE Oregon Street #32
Portland, OR 97232
503-731-4075
503-731-4106 (TTY)
Eugene
State Office Building
165 E. 7th, #220
Eugene, OR 97401
541-686-7623
You can also complain to BOLI about private businesses.
There may be various timelines within which you must make your complaint before you will be permitted to file a lawsuit in court. Contact an attorney for advice concerning timelines.
Under certain circumstances, remedies from an agency complaint proceeding or a lawsuit could include orders to provide AT, compensatory and punitive damages, and attorney fees and costs.
If you are refused AT by a state or local government entity and want to consider suing it, you also need to file a Tort Claim Notice with that public body within 180 days of the alleged discrimination. If the entity is the state of Oregon, mail your notice to: Director, Department of Administrative Services, 155 Cottage Street NE, Salem, OR 97310. If the entity is a public body other than the state (e.g. a county or city) your notice must be sent to the administrative office of the public body, to any member of the governing body of the public body, or to the attorney for the public body. Keep a copy of your notice. Your tort claim notice only protects your right to sue. You must still file your lawsuit within applicable time limitations. Contact an attorney about the time limitations.