Americans with Disabilities and Non-Discrimination

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The Americans with Disabilities Act (ADA)  prohibits discrimination against people with disabilities in several  areas, including employment, transportation, public accommodations, communications and access to state and local government’ programs and  services. 

The US Department of Health and Human Services enforces federal laws that prohibit the discrimination against persons with disabilities. These various laws protect all persons with disabilities from discrimination, including parents and guardians, students, and employees. As such, all staff, managers, and partners of the M.I.N.D. are required to comply and undergo training related to such anti-discrimination policies. 

Disability harassment is unwelcome conduct based on an individual’s actual or perceived disability. Disability harassment can take many forms, including slurs, taunts, stereotypes, or name-calling, as well as  disability-motivated physical threats, attacks, or other hateful conduct. 

Bullying or harassment of an individual with a disability on any  basis can result in termination and/or legal action. When an employee knows or reasonably should know of possible disability harassment, they must take immediate and appropriate steps to investigate or otherwise determine what occurred. If an investigation reveals that the harassment created a hostile environment, the M.I.N.D. will take reasonably calculated prompt and effective steps to end the harassment, eliminate the hostile environment, prevent its recurrence, and, as appropriate, remedy its effects. 

Section 1557 is the nondiscrimination provision of the Affordable Care Act  (ACA). The law prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in certain health programs or activities. Section 1557 extends nondiscrimination protections to individuals participating in: 

• Any health program or activity any part of which received funding from Health and Human Services (HHS) 
• Any health program or activity that HHS itself administers 
• Health Insurance Marketplaces and all plans offered by issuers that participate in those Marketplaces. 

HHS’ Office of Civil Rights (OCR) will continue to enforce important  protections against discrimination on the basis of race, color, national  origin, age, or disability, as well as other sex discrimination provisions. 

If you believe you have been discriminated against on one of the bases protected by Section 1557, you may file a complaint with OCR.

Section 504 and the ADA protect qualified individuals with disabilities from discrimination on the basis of disability in the provision of benefits  and services. 

Covered entities must not, on the basis of disability: 

• Exclude a person with a disability from a program or activity; 
• Deny a person with a disability the benefits of a program or activity; 
• Afford a person with a disability an opportunity to participate  in or benefit from a benefit or service that is not equal to what is  afforded others; 
• Provide a benefit or service to a person with a disability that is not as effective as what is provided others; 
• Provide different or separate benefits or services to a person  with a disability unless necessary to provide benefits or services that  are as effective as what is provided others; 
• Apply eligibility criteria that tend to screen out persons with  disabilities unless necessary for the provision of the service, program  or activity. 

Covered entities must: 

• Provide services and programs in the most integrated setting  appropriate to the needs of the qualified individual with a disability 
• Ensure that programs, services, activities, and facilities are accessible 
• Make reasonable modifications in their policies, practices, and  procedures to avoid discrimination on the basis of disability, unless it  would result in a fundamental alteration of the program 
• Provide auxiliary aids to persons with disabilities, at no additional cost, where necessary to afford an equal opportunity to  participate in or benefit from a program or activity 
• Designate a responsible employee to coordinate their efforts to comply with Section 504 and the ADA 
• Adopt grievance procedures to handle complaints of disability discrimination in their programs and activities 
• Provide notice that indicates: 
• The covered entity does not discriminate on the basis of disability 
• How to contact the employee who coordinates the covered entity’s efforts to comply with the law 
• Information about the grievance procedures 

Additional information and training materials may be found on the HHS OCR website: https:// www.hhs.gov/civil-rights/index.html