Can Public Accommodations Set Criteria That Screen Out Individuals with Disabilities?
Can Public Accommodations Set Criteria That Screen Out Individuals with Disabilities?
Generally, no, public accommodations may not set eligibility criteria that screens out, or tends to screen out individuals with disabilities. For example, a fitness club cannot require that its members be able to run a mile in order to join; this would unfairly screen out individuals who use wheelchairs or may not be able to run due to a disability. Similarly, a library may not require that members be able to read printed books in order to join; as this unfairly screens out individuals with visual impairments.
Can Public Accommodations Set Criteria That Screen Out Individuals with Disabilities?
Generally, no, public accommodations may not set eligibility criteria that screens out, or tends to screen out individuals with disabilities. For example, a fitness club cannot require that its members be able to run a mile in order to join; this would unfairly screen out individuals who use wheelchairs or may not be able to run due to a disability. Similarly, a library may not require that members be able to read printed books in order to join; as this unfairly screens out individuals with visual impairments.
However, there are exceptions for when the criteria can be shown to be necessary. An example of this might be a public golf course that does not allow individuals with visual impairments to drive golf carts, or an amusement park attraction that is unable to accommodate individuals with wheelchairs for safety reasons.
Disability discrimination takes on many forms, and even subtler forms of screening are prohibited by law, such as requiring a drivers license to cash a check; unfairly screening out individuals with visual impairments who do not drive. If you or a loved one believe you have been unjustly discriminated or screened out of eligibility due to your disability, you may have a claim against that public accommodation. Unless proven necessary, eligibility criteria cannot unfairly screen out individuals with disabilities. Contact our experienced team of ADA discrimination attorneys today to discuss your potential claim, and any options you may have. You deserve full and fair enjoyment of public accommodations. Here at Bashian & Papantoniou, we fight for that right, so that you can enjoy public accommodations without fear or worry.
Please call us for your FREE CONSULTATION.
Please feel free to contact us and discuss all options available in effectively handling and resolving employment discrimination claims under the ADA. 516-279-1554
About the author
