Know Your Rights: Disability Advocacy in Schools and the Workplace

Disability rights are civil rights. That is not a slogan — it is the legal and moral foundation of every protection that exists for people with disabilities in the United States. And yet, those rights are violated every day, in schools and workplaces across the country, often because the people affected don't know what they're entitled to.

Knowledge is the first line of defense. This article breaks down the key federal laws that protect people with disabilities and explains how to use them — in plain language, without the legal jargon.

In Schools: IDEA and Section 504

Two federal laws govern disability rights in K-12 education. The Individuals with Disabilities Education Act (IDEA) guarantees children with qualifying disabilities the right to a free appropriate public education in the least restrictive environment, delivered through an Individualized Education Program (IEP). Section 504 of the Rehabilitation Act provides broader protections — it covers any student with a physical or mental impairment that substantially limits a major life activity, even if they don't qualify for special education services.

If your child has a disability and is struggling in school, you have the right to request an evaluation at no cost to you. If the school refuses, they must provide a written explanation. If you disagree with their decision, you have the right to appeal. Document everything — every request, every response, every meeting.

In the Workplace: The ADA

The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities in employment, public accommodations, transportation, and more. In the workplace, it requires employers with 15 or more employees to provide reasonable accommodations — modifications that allow a qualified person with a disability to perform the essential functions of their job — unless doing so would cause undue hardship.

Reasonable accommodations can include flexible scheduling, modified equipment, remote work options, or changes to how tasks are performed. To request an accommodation, you generally need to notify your employer of your disability and your need — you don't have to use specific legal language, but a written request creates a paper trail.

When Rights Are Violated

If you believe your rights or your child's rights have been violated, you have options. For school-related issues, you can file a complaint with your state's Department of Education or the U.S. Department of Education's Office for Civil Rights. For workplace discrimination, you can file a charge with the Equal Employment Opportunity Commission (EEOC).

Thomas Legacy Foundation's Advocacy Program can help you understand your options, prepare documentation, and connect with legal resources. You don't have to navigate this alone.