Savanna Hoffman
Discrimination against students with disabilities in colleges and universities is prohibited by federal law in the US and the UK. In the US, federal laws such as Section 504 of the Rehabilitation Act, the Americans with Disabilities Act (ADA), and the Unruh Act protect students with disabilities from discrimination. These laws require schools to provide reasonable accommodations and modifications to ensure equal access and opportunities for students with disabilities. Similarly, in the UK, the Equality Act grants disabled students the right to reasonable adjustments to prevent disability discrimination in education. While universities must make reasonable adjustments, they are not required to make changes that would cause undue financial or administrative burdens or fundamentally alter their programs. Students who believe they are facing discrimination due to their disability have the right to file grievances and seek remedies through their university's complaint procedures or legal action.
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What You'll Learn
Disability discrimination laws
In the United States, disability discrimination laws are in place to prevent discrimination against people with disabilities and guarantee equal opportunities in various aspects of life. The Americans with Disabilities Act (ADA) is a federal civil rights law that prohibits discrimination against individuals with disabilities. The ADA defines an individual with a disability as a person with a physical or mental impairment that significantly limits one or more major life activities, or a person perceived by others as having such an impairment.
The ADA covers a range of areas, including employment, state and local government services, public accommodations, commercial facilities, transportation, and telecommunications. Title I of the ADA, enforced by the US Equal Employment Opportunity Commission (EEOC), prohibits employers from discriminating against individuals with disabilities in all employment-related activities, such as hiring, pay, benefits, firing, and promotions.
In addition to the ADA, other laws address disability discrimination in specific contexts. The Fair Housing Act, for example, prohibits housing discrimination based on disability, ensuring equal housing opportunities. The Air Carrier Access Act prohibits discrimination in air transportation by domestic and foreign air carriers against individuals with disabilities.
Post-secondary schools, including colleges and universities, are required by law to make reasonable accommodations for students with disabilities, unless doing so would result in a fundamental alteration of the program or cause undue financial or administrative burden. Students with disabilities have the right to request reasonable accommodations during the admissions process and in their academic pursuits. Schools must also ensure equal access for students with disabilities to educational benefits, opportunities, and technologies, including online and digital resources.
If a student with a disability experiences discrimination or a denial of their modification requests, they can follow their school's policies and procedures to assert their rights. This may include submitting a written grievance or complaint to the appropriate department or agency, such as the Office for Civil Rights (OCR) or the Department of Housing and Urban Development, depending on the nature of the discrimination.
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Discrimination in the admissions process
In the United States, federal laws protect college students with disabilities from discrimination. These include Title II of the Americans with Disabilities Act (ADA), which applies to state-funded schools such as state universities, community colleges, and vocational schools, and Section 504 of the Rehabilitation Act of 1973, which applies to any school that receives federal funding. Additionally, Title III of the ADA prohibits discrimination by private colleges, universities, and other schools, which are considered places of "public accommodation."
Post-secondary schools must not discriminate against qualified individuals with disabilities in their admissions processes. Applicants cannot be required to disclose information about their disability before admission, and admissions tests must be designed to measure aptitude rather than the effects of a disability. Applicants with disabilities have the right to reasonable accommodations during admissions and testing, but they must disclose their disability and demonstrate the need for accommodation.
Schools must provide reasonable modifications unless doing so would impose an undue financial or administrative burden, fundamentally alter the program, or pose a direct threat to the health and safety of others. The school's determination of harm must be based on an individual assessment of the student and the requested modification. If a modification request is denied, schools must first determine if the risk of harm can be reduced or eliminated through alternative means.
Students who believe they have faced discrimination during the admissions process have several options. They can refer to their school's policies and procedures, usually found in the student handbook or on the website, and file a grievance or request reconsideration. They may also file a complaint with the Office for Civil Rights (OCR) of the U.S. Department of Education, the U.S. Department of Justice (DOJ), or take legal action, depending on the specific circumstances and available remedies.
In the UK, disability discrimination in college and university admissions is addressed through the Equality Act. Students with disabilities have the right to reasonable adjustments, and educational institutions must be given the opportunity to make these adjustments. Students cannot claim discrimination if the institution is unaware of their needs. It is recommended that students understand the type of discrimination they are experiencing before asserting their rights and seeking support.
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Discrimination in the classroom
Discrimination against students with disabilities is prohibited by federal law in the United States. Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act (ADA) protect students with disabilities from discrimination by state-funded schools, including state universities, community colleges, and vocational schools. Title III of the ADA covers discrimination by private educational institutions. These laws ensure that students with disabilities have equal access to the same benefits and opportunities as their peers without disabilities.
Despite these protections, students with disabilities may still face discrimination in the classroom. This can take many forms, from inaccessible facilities to unequal access to advanced academic programs or extracurricular activities. For example, a university may have a policy requiring all students to register for classes through an online system that is not compatible with assistive technologies such as screen readers. Students with disabilities may also face discrimination in the form of disciplinary actions, denial of appropriate academic adjustments, or disability harassment, which can include slurs, taunts, stereotypes, or physical threats.
To address discrimination in the classroom, students with disabilities should first inform their college or university about their impairment or condition and request any necessary adjustments. This may involve contacting the Office for Students with Disabilities, the Dean of Student Affairs, or a faculty advisor. Educational institutions have a legal duty to make reasonable adjustments to remove barriers faced by students with disabilities, unless doing so would result in an undue financial or administrative burden or fundamentally alter the program.
If a student feels that their school has failed to provide reasonable accommodations or otherwise discriminated against them, they can file a grievance or complaint. Each school's grievance process is unique, but it typically involves submitting a written explanation of the perceived discrimination. Students can also seek external recourse by filing a complaint with the Office for Civil Rights (OCR) of the U.S. Department of Education or the U.S. Department of Justice (DOJ). In some cases, legal action may be pursued through a lawsuit in federal or state court.
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Discrimination in extracurricular activities
Universities are generally not allowed to discriminate against students with disabilities. In the US, this is enforced by federal laws such as Section 504 of the Rehabilitation Act of 1973, which prohibits entities that receive federal funds from discriminating against people with disabilities. This includes all public colleges and universities, as well as virtually all private colleges and universities, as they receive federal financial assistance by participating in federal student aid programs.
Section 504 and Title II of the Americans with Disabilities Act (ADA) protect all persons with disabilities from discrimination, including students. This means that universities must not discriminate in their admissions processes, and must provide equal access to academic and extracurricular activities, as well as non-academic services.
The Office for Civil Rights (OCR) handles cases of disability discrimination and has the authority to require recipients who have violated Section 504 to take remedial action. OCR works to ensure that universities give students with disabilities equal opportunities to pursue their academic and extracurricular interests. This includes extracurricular athletics, which can provide important health and social benefits to students with disabilities.
Universities must make reasonable accommodations for students with disabilities unless doing so would fundamentally alter the program or cause undue financial burden. Students are responsible for requesting modifications and providing documentation of their disability and the need for any auxiliary aids. Schools must not refuse to provide modifications based on stereotypes or assumptions about people with disabilities.
If a student feels that their university has discriminated against them or denied their request for reasonable modifications, they can file a grievance following the school's policies and procedures.
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Legal recourse for discrimination
In the United States, there are federal laws in place that protect students with disabilities from discrimination. These include:
- Section 504 of the Rehabilitation Act of 1973, which prohibits any entity that receives federal financial assistance, such as grants or student loans, from discriminating against people with disabilities.
- Title II of the Americans with Disabilities Act (ADA), which prohibits state and local governments, including public colleges and universities, from discriminating against people with disabilities.
- Title III of the ADA, which applies to private colleges, universities, and schools and prohibits discrimination in places of public accommodation.
If a student with a disability experiences discrimination, there are several legal recourse options available:
Internal Process
The student's school should have policies and procedures in place for students to challenge actions by the school. These policies are usually outlined in the student handbook or posted on the school's website. The internal process may involve submitting a written explanation of why the student believes the school discriminated against them and requesting reconsideration. The benefit of using the internal process is that it is typically faster and free of cost, but it may be more stressful and adversarial.
External Process
If the student is not satisfied with the outcome of the internal process or prefers a neutral decision-maker, they can pursue an external process by filing a complaint with a government agency or initiating a lawsuit in court. Filing a complaint with a government agency, such as the Office for Civil Rights (OCR), is typically a simpler and more cost-effective option, as lawsuits can be expensive. However, it is important to note that court proceedings are complicated and may require legal representation.
Remedies and Compensation
If a violation of Section 504 or Title II is found, there are various remedies available to address the injury caused by the discrimination. These remedies can include non-monetary options, such as compensatory education or services, as well as monetary options, such as reimbursement of expenses.
It is important to note that the legal recourse options and specific laws applicable may vary depending on the state and type of school involved. For example, in California, there are additional laws such as the Unruh Civil Rights Act and the Disabled Persons Act, which offer further protection against discrimination for students with disabilities.
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Frequently asked questions
No. Universities are legally required to make reasonable accommodations for students with disabilities, unless doing so would cause an undue financial burden or fundamentally alter the service provided.
Discrimination can take many forms, including but not limited to:
- Inaccessible facilities
- Unequal access to academic programs and extracurricular activities
- Inadequate academic adjustments
- Failure to provide auxiliary aids and services
- Disability harassment
If you think you are experiencing discrimination, you should first find out who supports disabled students at your university. This could be a disability adviser or a similar role. You should also follow your university's complaints procedure, which can usually be found in the student handbook or on the university website.
There are several laws in place to protect students with disabilities from discrimination. These include:
- Section 504 of the Rehabilitation Act of 1973
- Title II of the Americans with Disabilities Act (ADA)
- The Unruh Act
- The Equality Act (in the UK)
Yes, a university can deny a request for modifications if it would result in an undue financial or administrative burden, fundamentally alter the service, or pose a direct threat to the health and safety of others.
