INTERAGENCY COORDINATING COUNCIL ON EMERGENCY PREPAREDNESS AND INDIVIDUALS WITH DISABILITIES
Personal Preparedness Planning
Home > Personal Preparedness Planning > Disability Law: Know your Rights

Disability Law: Know your Rights

As people with disabilities, their family and friends take the necessary steps to prepare themselves for the event of an emergency, it is important to keep in mind the various rights and responsibilities under the law. At the federal level, the Americans with Disabilities Act (ADA), the Rehabilitation Act of 1973, and the Occupation Safety and Health Act (OSHA) play significant roles in requiring accessible emergency planning. In addition, some state and local governments have additional requirements on accessible emergency planning.

Understanding the law applied to emergency preparedness:

  • The ADA prohibits discrimination on the basis of disability in employment, state and local government, places of public accommodation (such as restaurants, hotels, convention centers, etc.), transportation, and telecommunications. Thus, if emergency preparedness plans are put into place in these settings, people with disabilities must be included. To read the full text of the ADA or obtain further information, the Disability Rights Section of the Civil Rights Division of the U.S. Department of Justice may be reached by calling (800) 514-0301 [voice] or (800) 514-0383. Information may also be readily downloaded online from the ADA website.
  • The U.S. Department of Justice publishes a technical assistance guide titled "An ADA Guide for Local Governments: Making Emergency Preparedness and Response Programs Accessible to People with Disabilities." The guide assists officials and emergency managers in learning how to include the needs of people with disabilities in every facet of their emergency preparedness work. It addresses topics including planning, notification, evacuation, sheltering and returning home.
  • In 2005, a court case in Maryland interpreted the ADA obligations of a shopping center and department store. Visit Washlaw.org for further details.
  • Section 504 of the Rehabilitation Act of 1973 prohibits discrimination on the basis of disability in programs conducted by federal agencies, in programs receiving federal financial assistance, in federal employment, and in the employment practices of Federal contractors. What does this mean? Recipients of federal funds must factor in the needs of people with disabilities when conducting work related to emergency preparedness.
  • The Federal Communications Commission (FCC) has fined television stations for failure to provide crucial information in an accessible manner during broadcasts related to wildfires in California and tornados in Washington, D.C., Maryland and Virginia.
  • The Occupational Safety and Health Act (OSHA) has specific and detailed requirements on emergency preparedness, including requirements for people with disabilities.
  • National Disability Rights Network, P&A Enabling Laws describes how advocates may gain access to emergency shelters.
  • Executive Order: Individuals with Disabilities in Emergency Preparedness by President George W. Bush (July 22, 2004 ) states that the Federal Government should appropriately support the safety and security for individuals with disabilities in situations involving disasters, including earthquakes, tornadoes, fires, floods, hurricanes, and acts of terrorism.
  • General Resources on the Law

  • ICC Chairman Daniel Sutherland's Testimony Before the Senate Special Committee on Aging