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SVWG Manual - Chapter 1: DISABILITY RIGHTS

DISABILITY RIGHTS

Under federal and state protections, people with disabilities are ensured access to the same opportunities as everyone else and to be free from discriminatory treatment. This Chapter provides information and resources available for Servicemembers, Veterans, and their families related to disability rights and protections. It is organized by areas where federal and/or state protections against discrimination apply for individuals with disabilities.  This Chapter is non-exhaustive and should be consulted with the other materials provided in this Manual. A list of legal resources is provided at the end for further legal questions or assistance. 

  1. Americans with Disabilities Act (ADA)  - is a federal civil rights law that prohibits discrimination against people with disabilities in everyday activities. The ADA prohibits discrimination on the basis of disability just as other civil rights laws prohibit discrimination on the basis of race, color, sex, national origin, age, and religion. The ADA guarantees that people with disabilities have the same opportunities as everyone else to enjoy employment opportunities, purchase goods and services, and participate in state and local government programs.
  2. Florida Civil Rights Act of 1992 - secures for all individuals within the state of Florida freedom from discrimination because of race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status (Fla. Stat. §§ 760.01-760.11 and 509.092).
  3. Federal Fair Housing Act - protects people from discrimination when they are renting or buying a home, getting a mortgage, seeking housing assistance, or engaging in other housing-related activities (42 USC §§ 3601 – 3619). Additional protections apply to federally-assisted housing.
  4. Florida Fair Housing Act - It is the policy in the State of Florida to provide for fair housing throughout the state (Fla. Stat. §§  760.20-760.37). It is unlawful to discriminate in the sale of rental of housing, the provision of brokerage services, the financing of housing or real estate transactions, and in land use decisions and permitting of development because of race, color, national origin, sex, disability, familial status, or religion.
  5. Employment and Related Services for Persons with Disabilities - addresses the rights and responsibilities of disabled individuals and the use of a service animals, prohibiting discrimination in public employment, public accommodations, and housing accommodations in the use of service animals.  (Fla. Stat. § 413.08). An individual with a disability is entitled to full and equal accommodations, advantages, facilities, and privileges in all public accommodations.  An individual with a disability may not be refused employment in the service of the state or political subdivision of the state because of disability, and an individual with a disability is entitled to rent, lease, or purchase any housing accommodations, as other members of the general public.  Furthermore, an individual with a disability has the right to be accompanied by a service animal in all areas of a public or housing accommodation.  Any person, firm, or corporation who denies or interferes with admittance to, or enjoyment of, a public accommodation or any person, firm, or corporation providing housing accommodations who discriminates against an individual with a disability, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 and must perform 30 hours of community service for an organization that serves individuals with disabilities. An employer who discriminates against an individual with a disability in employment, unless it is shown that the particular disability prevents the satisfactory performance of the work involved, or any person, firm, or corporation providing housing accommodations who discriminates against an individual with a disability, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

  1. Protections
    1. Title II of the ADA  - requires state/local governments to give people with disabilities an equal opportunity to benefit from all their programs, services, and activities. State/local governments cannot deny people with disabilities the chance to participate in a program or make them participate in different programs that are available to others.
    2. Things to Know
      1. Under Title II of the ADA, a state/local government does not need to modify a policy if it would fundamentally alter the nature of the program, service, or activity.  A fundamental alteration is something that would change the essential nature of the entity’s programs or services. For example, a local government would not be required to move a beach volleyball tournament to an indoor court.

  1. Protections
    1. Title III of the ADA  - covers private places of public accommodation from discriminating against individuals with disabilities. Examples of public accommodations include privately-owned, leased or operated facilities like hotels, restaurants, retail merchants, doctor’s offices, golf courses, private schools, day care centers, health clubs, sports stadiums, movie theaters, and lodgings. Title III sets the minimum standards for accessibility for alterations and new construction of facilities. It also requires public accommodations to remove barriers in existing buildings where it is easy to do so without much difficulty or expense.
    2. Florida Civil Rights Act of 1992 – provides that all persons are entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation without discrimination or segregation. Public accommodations are lodgings, facilities principally engaged in selling food for consumption on the premises, gasoline stations, places of exhibition or entertainment, and other covered establishments.
  2. Things to Know
    1. Title III of the ADA is silent with respect to the statute of limitations for private litigation.  Federal courts, when applying the ADA, will apply the most analogous state statute of limitations.
    2. Under the Florida Civil Rights Act, before pursuing a civil action in court, an aggrieved person must first file a complaint of discrimination with the Florida Commission on Human Relations (FCHR) within one year from the alleged date of harm or violation.  The FCHR will investigate the allegations and issue a determination of cause or no cause which will allow the aggrieved person additional options to pursue their legal remedies. 

  1. Protections
    1. Federal Fair Housing Act  - prohibits discrimination on the basis of disability in all types of housing transactions. The Act defines persons with a disability to mean those individuals with mental or physical impairments that substantially limit one or more major life activities. The term mental or physical impairment may include conditions such as blindness, hearing impairment, mobility impairment, HIV infection, mental retardation, alcoholism, drug addiction, chronic fatigue, learning disability, head injury, and mental illness. The term major life activity may include seeing, hearing, walking, breathing, performing manual tasks, caring for oneself, learning, speaking, or working. The Fair Housing Act also protects persons who have a record of such an impairment, or are regarded as having such an impairment. Current users of illegal controlled substances, persons convicted for illegal manufacture or distribution of a controlled substance, sex offenders, and juvenile offenders are not considered disabled under the Fair Housing Act, by virtue of that status. The Fair Housing Act affords no protections to individuals with or without disabilities who present a direct threat to the persons or property of others. (42 USC §§ 3601 – 3619). Additional protections apply to federally-assisted housing.
    2. Florida Fair Housing Act - also protects persons with disabilities, including discrimination in sales, rentals, and policies. The Office of Civil Rights works with the FCHR to enforce the provisions of the Florida Fair Housing Act. It receives housing cases from the Commission where “cause” has been determined and the parties elect the Office of Attorney General to represent them.
  2. Things to Know
    1. For individual housing claims, complaints must be filed with HUD or the FCHR within one year following the last act of discrimination to pursue an investigation through the administrative process.
    2. During the administrative process, the FCHR will thoroughly investigate the claims and issue a determination of cause or no cause.  If the aggrieved person receives a cause determination, they have the option to elect to have legal representation in civil court through the Attorney General’s Office for Civil Rights or legal representation in an administrative hearing through the FCHR’s Office.
    3. An aggrieved person may commence a civil action no later than 2 years after an alleged discriminatory housing practice has occurred.  A civil action may be filed without first filing a complaint with HUD or the FCHR.
    4. The U.S. Department of Justice and the U.S. Attorney’s Office for the Middle District of Florida have jurisdiction under the Fair Housing Act over pattern or practice claims or claims that present an issue of significant public importance, as certified by the U.S. Attorney General.

  1. Americans with Disabilities Act (ADA) explains what businesses and state/local governments must do to make sure that they do not discriminate against a member of the public with a disability who uses a service animal.  Generally, businesses and non-profits that are open to the public as well as state/local governments must allow service animals to go most places where the public can go. This is true even if they have a “no pets” policy.  More information about Service Animals can be found at the Department of Justice’s website.
  2. The Air Carrier Access Act protects the rights of people with disabilities in air travel.  For information or to file a complaint, contact the U.S. Department of Transportation, Aviation Consumer Protection Division at (202) 366-2220.
  3. Things to Know
    1. Florida law defines a service animal as an animal that is trained to do work or perform tasks for an individual with a disability.  A service animal is not a pet, and pet-related breed and weight restrictions are not applicable to service animals.
    2. Answers to Frequently Asked Questions about Service Animals.

  1. Federal
    1. U.S. Attorney’s Office, Middle District of Florida, Civil Rights Unit  – All complaints of discrimination.
    2. U.S. Department of Justice’s Civil Rights Division  – All complaints of discrimination under the ADA and pattern or practice complaints of discrimination under the federal Fair Housing Act.
    3. U.S. Department of Housing and Urban Development (HUD)   – Complaints of discrimination under the federal Fair Housing Act.
    4. Equal Employment Opportunity Commission (EEOC) - Complaints of discrimination in employment.
  2. State
    1. Florida Commission on Human Relations (FCHR) – Complaints of discrimination in employment, housing, and public accommodations.
    2. Florida Attorney General’s Office for Civil Rights – Complaints of disability discrimination in places of public accommodations.
  3. Things to Know
    1. Administrative Exhaustion: a person may file a complaint with the Florida Commission on Human Relations or HUD within 365 days of the alleged violation. If the Florida Commission on Human Relations determines there is reasonable cause to believe that a discriminatory practice has occurred, the aggrieved person may either a) bring a civil action against the person named in the complaint in any court of competent jurisdiction or b) request an administrative hearing under sections 120.569 and 120.57.
    2. The Florida Commission on Human Relations also investigates claims of employment discrimination.  The Florida Civil Rights Act has been determined to be similar to the federal law, so aggrieved parties may file their complaints with either the FCHR, as a Fair Employment Practices Agency (FEPA), or the EEOC.  When an individual files with the FCHR, which has a worksharing agreement with the EEOC, all allegations that are covered by the federal law will be dual-filed with the EEOC automatically.  An aggrieved person must file a complaint with the FCHR within 365 days or with the EEOC within 300 days of the alleged violation before pursuing an action in civil court.  After the investigation, a determination will be issued.  If the FCHR determines there is reasonable cause to believe a discriminatory action occurred, the aggrieved party may pursue the action in civil court. If the FCHR determines there is not reasonable cause to believe a discrimination action occurred, the aggrieved party may pursue the action through an administrative proceeding. 

  1. Government Resources
    1. Guide to Federal Disability Rights Laws
    2. ADA: Know Your Rights – Returning Service Members with Disabilities 
  2. Disability Rights Organizations
    1. Disability Rights Florida [Statewide]
    2. Disability Independence Group [Statewide]
  3. Legal Resources

SVWG Manual - Table of Contents

Updated January 14, 2025