Law and Legal Research
Resources at BPL
- The Americans With Disabilities Act Title IITechnical Assistance Manual: Covering State and Local Government Programs and Services. In Braille.
- The Americans With Disabilities Act Title IIITechnical Assistance Manual: Covering Public Accommodations and Commercial Facilities. In Braille.
Special Needs TrustsPublication Date: 2023Use a special needs trust to provide financial security for your child (or anyone) with a disability, without jeopardizing important government benefits. The authors explain how special needs trusts work, the trustee's role, ways to pass important information to successor trustees, and the pros and cons of joining a pooled trust.
Social Security, Medicare and Government PensionsPublication Date: 2024This book helps baby boomers navigate the Medicare and Social Security systems and maximize their benefits. The book also explains Social Security disability, veterans disability compensation, and federal retirement benefits as well as SSI, Medicaid, and veterans pension for low-income readers.
ADA and Your Rights at School and WorkPublication Date: 2019This insightful volume reassures youth with disabilities that they aren't alone and helps them understand, and use, their rights under the law that was created to protect them. Readers will find detailed yet accessible explanations of the ADA and how it applies to them, along with tips to help them obtain the accommodations they need to reach their full potential as students, employees, and members of the community.
The Essential Guide to Handling Workplace Harassment and Discrimination by Publication Date: 2021This book explains how to prevent harassment and discrimination--and quickly and effectively handle any incidents that arise. You'll learn how to recognize harassment and discrimination, develop an effective policy against discrimination and harassment, conduct a fair and thorough investigation, document your company's response, take action against wrongdoers, respond to lawsuits, and more.
Disability Law
What is Disability Law?
Disability law refers to laws related to individuals with disabilities; specifically, these laws protect disabled individuals from certain kinds of discrimination. Disability laws are particularly concerned with employment, housing, education, and access to public services. Today, disability law is largely regulated by the Americans with Disabilities Act (ADA) of 1990. The ADA defines a disability as any of the following three categories:
- "a physical or mental impairment that substantially limits one or more of the major life activities of the individual";
- "a record of such impairment"; or
- "being regarded as having such an impairment."
(Wex)
Right: Cover of Mouth magazine. no. 4 : the voice of disability rights. 1996.
What does the Disabilities Act say?
From the US Department of Labor, "The purpose of the law is to ensure that people with disabilities have the same rights and opportunities as everyone else. The ADA guarantees this for people with disabilities in all aspects of everyday life – from employment opportunities, to being able to purchase goods and services, to participating in state and local governments' programs and services. For a quick overview of the ADA read 'The Americans with Disabilities Act: A Brief Overview'." Read the full act via Cornell's Legal Information Institute.
The U.S. Department of Justice Civil Rights Division has a "Guide to Disability Rights Laws" which provides an overview of Federal civil rights laws that ensure equal opportunity for people with disabilities. There are several related acts this guide delves into including the ADA, the Telecommunications Act, Fair Housing Act, and Voting Accessibility for the Elderly and Handicapped Act.
Disability Rights in Massachusetts
The Massachusetts Office on Disability
MOD is a small state agency that promotes access, inclusion, and equal opportunity for people with disabilities in Massachusetts. They serve government agencies and the general public, which includes individuals, businesses and other groups. Their main focus is helping people understand how disability laws and regulations apply in their situation and explore their options.
The City of Boston has a Disabilities Commission to "increase opportunities for people with disabilities by facilitating full and equal participation in all aspects of life within the City of Boston." See their site for information on how the City of Boston complies with Title II of the Americans with Disabilities Act, and find resources pertaining to transportation, voting, housing, and more.
Employment Rights of People with Disabilities
This site, published by Mass.gov, is intended to help people learn about employment rights of people with disabilities. The Massachusetts employment discrimination law is Chapter 151B of the Massachusetts General Laws. Like the ADA, MGL. C. 151B defines an individual with a disability as someone:
- with a mental or physical impairment that limits one or more major life activities; or
- who has a history of such an impairment; or
- who is perceived (even if erroneously) as having such an impairment.
Local Resources
- The American Association of People with Disabilities
Not a local resource but an important one nonetheless. The American Association of People with Disabilities works to increase the political and economic power of people with disabilities. As a national disability-led and cross-disability rights organization, AAPD advocates for full civil rights for over 60 million Americans with disabilities. We do this by promoting equal opportunity, economic power, independent living, and political participation. 
Disability Law CenterThe Disability Law Center (DLC) is the Protection and Advocacy (P&A) agency for Massachusetts. DLC is a private, non-profit organization responsible for providing protection and advocacy for the rights of Massachusetts residents with disabilities. DLC receives federal, state and private funding but is not part of the state or federal government. As the P&A, federal law provides DLC extensive access authority.
Fair Employment ProjectFEP counsels Massachusetts workers of limited means about their rights on the job and the legal process. Workplace law can be complicated, and there is a difference between how the law is supposed to work and the real-life choices people face when their paychecks and livelihoods are at stake. FEP helps people understand the legal landscape so they can make better-informed decisions.
Harvard Law School Project on DisabilityHPOD is committed to enabling civil society, and especially persons with disabilities and their representative organizations to undertake informed human rights advocacy.
The Safety Net Unit - Legal Services Center of Harvard Law SchoolThey focus representation on the following areas of law:
• Appeals at hearing level in Social Security Disability cases, including SSDI and SSI
• Appeals in Massachusetts Department of Transitional Assistance (DTA) programs including EAEDC, TAFDC and SNAP/FoodStamps
• Access to MassHealth and other healthcare resources
• Appeals in denial of coverage cases against private disability insurance providers
• Criminal record sealing and expungement
They also provide legal education trainings to community groups and service providers on Social Security and disability related topics.
City of Boston Disabilities CommissionFacilitates full and equal participation in all aspects of life by persons with disabilities in Boston. Find more information on their programs, ADA Title II compliance, events and initiatives, and more.