Introduction
Individuals with
disabilities have civil rights protection similar to that provided to
individuals on the basis of race, sex, national origin, and religion. The advent of the Americans with Disabilities
Act has improved these protections and brought this issue into the
forefront. This book is not intended to
be a legal translation of state or federal laws. Its purpose is to assist people with
disabilities in understanding their rights.
Please consult the Code of Iowa, the appropriate federal laws or an
attorney if you need a legal interpretation.
If you have specific questions about information contained in this
book or just want more information, you are encouraged to contact the agencies
listed under each section or:
DIVISION OF PERSONS WITH DISABILITIES
Department of Human Rights
Second Floor,
515-281-3656 (Voice and TTY)
800-652-4298 (Voice and TTY)
dhr.disabilities@iowa.gov
This information is provided through a federal grant. Duplication of any or all segments is
permitted.
Contents
|
Access |
3 |
|
Courses/Examinations |
6 |
|
Credit |
7 |
|
Crime
Protection |
8 |
|
Elementary
& Secondary Education |
9 |
|
Post-Secondary
Education |
10 |
|
Employment |
12 |
|
Health
Care |
15 |
|
Housing |
16 |
|
Hunting
& Fishing |
18 |
|
Information
& Referral |
19 |
|
Interpreters |
20 |
|
Jury
Service |
21 |
|
Service
Animals |
22 |
|
Social
Security |
23 |
|
Social
Services |
27 |
|
Tax
Exemptions |
28 |
|
Telecommunications |
29 |
|
Transportation |
30 |
|
Veterans
with Disabilities |
34 |
|
Vocational
Rehabilitation |
36 |
|
Voting |
38 |
|
Worker’s Compensation |
39 |
|
|
|
THE
ABILITY TO APPROACH, ENTER AND USE
A
STRUCTURE/PROGRAM/SERVICE
You have the right to access any government service and any place
of public accommodation or any place open to the public for lodging, food and
drink, entertainment, meetings, or to serve the public.
If a place open to the public is unable to provide physical access
to you because it is not readily achievable (not easy to do), they must provide
you with alternative (other) methods of access to the goods and services.
You have the right to aids and services to gain access to the
goods, facilities, privileges and advantages of a public accommodation. For example, these aids might include
interpreters of sign language, large print, readers or audiotapes.
You have the right to obtain goods and services in the most
integrated (not separate) setting appropriate to your needs.
You have the right to access:
Government buildings, programs and services
Inns, hotels, motels and other places of lodging
Restaurants, bars or other places serving food
and drink
Movie
houses, theaters, concert halls, stadiums or other places of exhibition or
entertainment
Auditoriums,
convention centers, lecture halls or any other place of public gathering
Shopping
centers, retail stores, bakeries, grocery stores, clothing stores, hardware
stores, gift stores or any other place which sells or rents to the public
Laundromats,
dry cleaners, banks, barbershops, beauty shops, travel services, shoe repair
services, funeral parlors, gas stations or any other place which provides
services to the public
Offices
of lawyers, doctors, accountants, insurance agents, pharmacies, counselors,
employment agencies and any other service providers
Hospitals,
nursing homes, clinics and any other health service providers.
Places
of public display or collection, including museums, libraries and galleries,
and public tours
Terminals,
depots and stations used for public transportation (including bus stations,
airports and train stations)
Parks,
zoos, amusement parks, arcades and other places of recreation
Nurseries,
preschools, elementary, secondary, undergraduate and postgraduate private and
public schools and all other places of education.
Day
care centers, day care homes, senior citizen centers, homeless shelters, food
banks, adoption agencies and any other place providing social services to the
public
Gymnasiums,
golf courses, spas, fitness centers and other places of exercise and recreation
Any
other places which offers goods and services to the public.
EXCEPTION:
RELIGIOUS
INSTITUTIONS AND PRIVATE CLUBS AND SOME BUILDINGS OF HISTORICAL PRESERVATION
If you have questions about your rights of access or if you need
more information, contact:
Second Floor,
515-281-5969, 515-281-8088
888-219-0471 (V/TTY)
www.state.ia.us/government/dhr/pd
United States Department of Justice
Disability Rights Section – NYA
800-514-0301 (Voice)
800-514-0383 (TTY)
Http://www.usdoj.gov/crt/ada/adahom1.htm
Any individual or public or private entity who
offers courses/examinations (tests) for secondary or post secondary education,
professional employment or trade purposes must offer such courses/examinations
in a manner and place accessible to persons with disabilities or make
accessible arrangements. An entity that offers such testing must provide aids
and services for persons with impaired sensory, manual or speaking skills. Exception:
If it can be shown that a particular aid or service would alter the
course or examination, cause an undue burden or change the measurement of the skills
or knowledge the exam is intended to test.
Some examples of such courses/examinations are
college entrance exams, community education courses, job training courses and
professional workshops and seminars.
Persons with disabilities should provide advance
notice of the need for modification or aids in testing or courses. It may be necessary to show evidence of the
need for modifications or aids in testing.
If you have questions about your rights
concerning courses and examinations or if you need more information, contact:
515-281-4121 (Voice)
800-457-4416 (Voice)
www.state.ia.us/government/crc
United States Department of Justice
Disability Rights Section – NYA
800-514-0301 (Voice)
800-514-0383 (TTY)
http://www.usdoj.gov/crt/ada/adahom1.htm
CREDIT
You cannot be denied credit or credit services on the basis of a
disability.
A loan company or financial institution may not deny loans, put
restrictive terms or conditions on a loan or refuse to consider a spouse’s
income or refuse loan insurance because you or your spouse have a disability.
Banks and credit institutions may not refuse credit cards or
accounts, offer some applicants lower limits on lines of credit or require a
spouse’s name because you have a disability.
All goods and services from loan companies or financial
institutions must be offered on the same basis to persons with disabilities as
they are offered to the general population.
If you have questions about your rights to credit or if you need
more information, contact:
515-281-4121
(Voice)
800-457-4416
(Voice)
www.state.ia.us/government/crc
CRIME PROTECTION
The State of
Trespassing
Arson
Intimidation
Criminal mischief
Violence or a threat of violence to a
person or a person’s property
because that person has a disability.
You have the right to
protection from retaliation if you exercise your civil rights. If you file a complaint because you have been
denied your rights to employment, housing, education or any of the other rights
outlined in this booklet you have protection under the law from anyone
attempting to “get even” with you for doing so.
Acts of force,
threats, damage to property, interference, scaring children or tormenting pets,
sexual harassment or even name calling are illegal.
When a hate crime,
because of disability, occurs in the area of employment, housing, credit,
education, or public accommodations, the hate crime may also be an act of
discrimination. A complaint alleging
discrimination must be filed with the Iowa Civil Rights Commission within 180
days of the incident.
To file a complaint,
call:
515-281-4121
(Voice)
800-457-4416
(Voice)
www.state.ia.us/government/crc
ELEMENTARY &
SECONDARY EDUCATION
If you are a student
with a disability, you have the right to a free and appropriate education. You have the right to an individualized
education program designed to meet your educational needs and the right to
proper evaluations, testing and placement regarding education. You have the
right to:
·
participate in education in the least
restrictive environment appropriate to
your needs;
·
aids and services (such as readers, interpreters
or audio tapes) to help you participate more fully in public education;
·
regular physical education and/or specially
designed physical education;
·
have the opportunity to compete for teams, if
otherwise qualified;
·
equal opportunity for participation in
inter-scholastic, club or intramural athletics, if otherwise qualified;
·
transition services no later than age 16 to
enable you to move from school to post school activities;
·
all non-academic benefits, such as counseling,
extra-curricular activities, health and transportation services.
As parents and guardians of students with
disabilities, you have the right to participate in, review, question and
challenge your child’s Individualized Education Plan (IEP). You have the right to examine relevant records
and to participate in an impartial hearing and review. You have the right to be represented by
counsel. You have the right to notice of
changes made in your child’s Individualized Education Plan (IEP). If you have
questions about your rights, contact:
Iowa Protection & Advocacy Services, Inc.
515-278-2502
800-779-2502 (voice)
866-483-3342 (TTY)
POST-SECONDARY
EDUCATION
As a post secondary
student, you have the right to participate in any academic extracurricular
activities, research, occupational training, internships or other programs or
activities of an educational institution.
You have the right to adjustment in academic requirements, (for
example: time needed to complete course work and in taking exams or
substitution of certain courses), if this is needed.
You have the right to auxiliary aids and services such as taped
materials, sign language interpreters and other assistive technology.
You have the right to student housing which is comparable,
convenient and accessible and at the same cost as other students.
You have the right to all nonacademic benefits, if these benefits
are available to other students.
Such benefits
include:
|
·
student unions |
·
social organizations |
|
·
food services |
·
insurance |
|
·
housing |
·
recruitment |
|
·
health services |
·
placement services |
|
·
social services |
·
recreational services |
|
·
admissions |
·
admissions testing |
|
·
athletics |
·
recruitment |
|
·
counseling |
·
employment assistance |
|
·
excursions/field trips |
·
financial aid |
If you have questions about your rights to education or if
you need more information, contact:
515-281-4121
(Voice)
800-457-4416
(Voice)
www.state.ia.us/government/crc
Iowa Department of Education
515-281-3977 (Voice)
United States Department of Justice
Civil Rights Division
Disability Rights Section –
NYA
800-514-0301 (Voice)
800-514-0383 (TTY)
http://www.usdoj.gov/crt/ada/adahom1.htm
The student
service program for people with disabilities at your college
EMPLOYMENT
You have the right to
be considered for any job for which you are qualified. An employer cannot discriminate against you
on the basis of your disability, if you can perform the essential functions of
the job. You cannot be denied employment
on the basis of your inability to perform marginal job functions.
An
employer cannot refuse to provide a reasonable accommodation unless it causes
undue hardship or is a threat to safety.
It is your responsibility to tell the employer you need an
accommodation.
An employer may not
ask you questions about your disability during an employment interview. An employer can ask you whether you can
perform the essential functions of the job.
An employer may ask you to demonstrate how you would perform the
essential functions of the job.
You have the right to
request an employer to provide reasonable accommodations to enable you to apply
for and to perform the essential functions of the job.
An
employer may ask you what reasonable accommodations would aid you in carrying
out the essential functions of the job.
If
you need a reasonable accommodation in order to do a job, an employer may not
deduct the cost of the accommodations from your pay.
You
cannot be required to pay for the cost of the accommodation, but in the case of
undue hardship, you can offer to share the cost of the accommodation.
An
employer can request proof that you need an accommodation. An employer may use any kind of test to
determine job qualifications. The test must be job related and consistent with
business necessity.
Employment tests
given to people who have impaired sensory, speaking or manual skills, must be
given in a manner which does not require the use of the impaired skill, unless
the test is designed to measure that skill as an essential job function.
You have the right to
reasonable accommodations in the administration of employment tests. It may be necessary to request them in
advance.
An employer may not
require you to have a medical examination before you have been offered a
job. Following a job offer, an employer
can require you to pass a medical examination, if all other employees in that
job class must also take and pass this examination. An employer cannot reject you because of the
physical examination unless the reasons for the rejection are job related and
necessary to the business. An employer
cannot require that you take a medical examination or ask questions about the
examination and/or your disability once you have begun employment, unless the
questions are related to the job.
You have the right to
have all medical information kept confidential and maintained in separate
files.
You have the right to
have access to the same employee benefits, programs and services as all
employees.
You have the right to
equal treatment in all areas of employment practices. You cannot be discriminated against on the
basis of your disability. These
practices include:
recruitment training
hiring promotions
job assignments benefits
pay leave
layoff any other
employee related activities
termination
Employment agencies
cannot discriminate based on disability nor can labor organizations.
If you feel you have
been discriminated against, you have the right to file a complaint with the
Equal Employment Opportunity Commission (EEOC) and/or the Iowa Civil Rights
Commission. The charge must be filed
within 180 days of the alleged discrimination.
An employer may not
retaliate against you for asserting your rights as a person with a disability.
If your charge of
discrimination is found to be valid, you may be entitled to hiring, promotion,
reinstatement, back pay, or reasonable accommodations. You also may be entitled to collect
attorney’s fees and/or compensatory damages.
If you have more
questions about your rights to employment or if you need more information,
contact:
515-281-4121 (Voice)
800-457-4416 (Voice)
www.state.ia.us/government/crc
Equal Employment
800-669-4000 (Voice)
800-669-6820 (TTY)
Iowa Department of Employment Services
515-281-5387 (Voice
800-562-4692 (Voice)
Deaf or Hard of
Hearing use Relay 711
Iowa Department of
Human Rights
Second Floor,
515-281-5969, 515-281-8088
(Voice)
888-219-0471 (Voice
and TTY)
www.state.ia.us/government/dhr/pd
HEALTH CARE
As
a person with a disability, you are entitled to all medical services and
medically related instruction which hospitals make available to the public.
If
your physician’s office is not accessible, you have the right to be treated in
an alternate accessible place, such as a hospital or at your home.
Health
care facilities must provide appropriate auxiliary aids and services where
necessary to ensure effective communication unless a fundamental change to
services or undue burden would result.
Interpreters and readers are examples of these services. You have the
right to reasonable adjustments in policies, practices and procedures in a
health care facility in order to accommodate your disability.
If
you must quit your employment as the result of your disability, you may have
the right to continue your health insurance in a private plan. You should seek information from your
employer.
If
you have any questions about your rights to health care or if you need more
information, contact:
Department
of Human Rights
Second
Floor,
515-281-5969,
515-281-8088 (Voice)
888-219-0471
(Voice and TTY)
www.state.ia.us/government/dhr/pd
Iowa Department of Commerce
Insurance Commissioner
515-281-5705 (Voice)
877-955-1212 (Voice)
HOUSING
You have the right to
the housing of your choice in the neighborhood of your choice. You cannot be
denied housing access or equal services because of a physical or mental
disability, or a record of having a mental or physical disability or because
people think you have a physical or mental disability.
A landlord may not
refuse to show, rent, or negotiate for the sale or rental of a housing unit
because of your disability. A landlord
may not treat you any differently than other applicants or tenants.
A landlord cannot
discriminate in assigning units or objects to guests because of
disabilities. A landlord may not
discriminate against you by changing the terms, conditions or privileges of a
sale or rental. A landlord may not
represent to you that a dwelling is not available for inspection, sale or
rental when such a dwelling is available.
A financial
institution may not refuse you housing loans or credit solely on the basis of
your disability.
Landlords must permit
reasonable modifications of their premises to accommodate your disability at your expense. The landlord is not required to pay for these
modifications. You must return the
premise to its original condition when you leave, if requested by the landlord.
Owners must make
reasonable exceptions in rules, policies and services to allow persons with
disabilities to enjoy their dwellings.
Service animals must be allowed.
If you feel you have
been treated unfairly or need further information, contact:
515-281-4121
(Voice)
800-457-4416
(Voice)
www.state.ia.us/government/crc
The
515-284-4512 (Voice)
800-669-9777 (Voice)
800-927-9275 (TTY)
Your local Human Rights Commission
HUNTING
AND FISHING
You may have the right to a free hunting and
fishing license if you have a permanent disability and meet low-income
guidelines.
You have the right to apply for a special
fishing license without charge if you have a severe disability.
You have the right to lifetime hunting and
fishing license for one fee, if you are a veteran who was disabled during a
specified period of active military conflict.
If you are physically incapable of using a bow
and arrow for hunting, you have the right to apply for a permit to use a
crossbow in place of a bow and arrow.
If you have questions about your rights
concerning hunting and fishing or if you need more information, contact:
Iowa Department of Natural
Resources
Licensing Bureau
515-281-5918 (Voice)
800-735-2942 (TTY) or
use Relay 711
INFORMATION AND
REFERRAL
For information and referral to appropriate programs and services
for people with disabilities and their families, contact:
Client Assistance Program
Division of Persons with Disabilities
Iowa Department of Human Rights
Second Floor,
515-281-3656 (Voice and TTY)
800-652-4298 (Voice and TTY)
http://www.state.ia.us/government/dhr/pd
800-779-2001 (Voice)
877-686-0032 (TTY)
www.medicine.uiowa.edu/iowacompass/
INTERPRETERS
If you have a hearing impairment, you are entitled to have a
qualified interpreter without charge to you:
if you are arrested for an alleged violation or
detained for questioning, you have the right to a qualified interpreter before
questioning. You should be advised of
your rights and protections with the assistance of the interpreter provided by
the arresting agent. If an interpreter
is not readily available, you may be temporarily released into the custody of a
reliable family member or other reliable person;
if you are a party to (or a
witness in) a court, administrative agency or grand jury hearing, you have the
right to an appointed interpreter;
if you are applying for
unemployment insurance, attending a fact finding or appeals hearing or
receiving placement assistance at any public or private agency;
if you are in a place of
public accommodation.
Depending
on your preference, you may use a sign language or oral interpreter or request
real time captioning.
You
have the right to have the interpreter keep all information confidential.
Places
of public accommodation must provide appropriate auxiliary aids and services
where necessary to ensure effective communications unless a fundamental change or
undue hardship would result.
Interpreters and readers are examples of these services.
For
more information contact:
Deaf Services Commission of
Iowa
Department of Human Rights
Second
Floor,
515-281-3164
(Voice and TTY)
888-221-3724
(Voice and TTY)
www.state.ia.us/government/dhr/ds
JURY SERVICE
You
have the right to serve on a jury and cannot be excluded because of a
disability. Accommodations must be
provided to allow you to participate in jury service.
If
you have questions about your right to serve on a jury or if you need more information,
contact:
Department
of Human Rights
Second
Floor,
515-281-5969,
515-281-8088
888-219-0471
(Voice and TTY)
www.state.ia.us/government/dhr/pd
515-281-4121 (Voice)
800-457-4416 (Voice)
www.state.ia.us/government/crc
Deaf Services Commission of
Iowa
Department of Human Rights
Second
Floor,
515-281-3164
(Voice and TTY)
888-221-3724
(Voice and TTY)
http://www.state.ia.us/government/dhr/ds
Your local county clerk of
court
SERVICE
ANIMALS
You
have the right to use a specially trained animal from a recognized training
facility to assist you in any place of public accommodation.
You
have the right to request that your landlord waive restrictions on the keeping
of a service animal in your home.
You
may have the right to tax deductions for veterinary costs incurred with your
service animal.
If
you have questions about your rights concerning service animals or if you need
more information, contact:
515-281-4121
(Voice)
800-457-4416
(Voice)
www.state.ia.us/government/crc
Iowa Department for the
Blind
524
515-281-1333 (Voice)
515-281-1355 (TTY)
800-362-2587 (Voice)
Deaf Services Commission of
Iowa Department of Human Rights
Second Floor,
515-281-3164 (Voice and TTY)
888-221-3724 (Voice and TTY)
www.state.ia.us/government/dhr/ds
SOCIAL SECURITY
You
never have to pay for information or service at the Social Security office.
You
have the right to apply for Social Security Disability Income (SSDI) and
Supplemental Security Income (SSI) benefits at any age.
You
must meet the eligibility standards in order to receive benefits. Disability under Social Security is based
upon inability to work, as defined by Social Security. This may be different than a decision given
to you by Workers’ Compensation, the Veterans Administration, Human Services or
even your doctor. Your disability must
be expected to continue for at least one year or have already lasted one year.
It
is very important that you complete your application fully!! Include all medical information, all medical
problems, education and a complete 15-year work history. Don’t just tell about one problem which you
think causes your disability – tell all of them! A combination of situations may allow you
benefits where one may not. Criteria for
blind persons may be different.
If
your claim is denied or if you disagree with the decision, you may appeal the
decision. You have the right to make an
appointment with the Social Security representative to review your file to see
how the decision was made. You can
gather more medical evidence to disprove the reason given for the denial. There are four levels of appeal and you may
use all of these levels. You have 60
days from the time of a decision to file an appeal at the next level.
You
have the right to be represented by an attorney or a person of your choice in
your contacts with Social Security.
These representatives usually charge for this service. Find out before choosing a
representative.
Your
SSDI benefits will continue as long as you have a disability. However, your case may be reviewed
periodically to see if you still have a disability.
Social Security Disability Income (SSDI)
You may continue to
receive Social Security disability benefits for a period of time after you
return to work. The Social Security law
has several conditions that may help you if you wish to return to work even
though you still have a disability.
Accepting state vocational
rehabilitation services will not prevent you from receiving benefits if your
claim is approved. However, if you are
offered services and refuse them without a good reason, monthly benefits may be
suspended.
You may continue receiving
full benefits for up to 9 months while testing your ability to work at
“substantial gainful employment”.
Substantial gainful employment simply means that you are able to work at
a meaningful job that is profitable to you.
This is referred to as a “trial work period”. One nine month trail work period is allowed
in a five-year period. After using your
9th month in a five year period (if you are gainfully employed),
benefits will be paid for three more months and then stop. There may be different criteria if you are
blind.
You have special protection
for 36 months after completing the 9-month trial work period. Benefits may be paid for each month in which
you are not profitably employed if you still have a disability. You must tell Social Security about these
months but you do not have to apply to receive benefits for them.
Some of your expenses
related to your disability may be deducted from earnings in deciding whether
you are employed profitably. It doesn’t
matter if these expenses also apply to daily living needs, such as a
wheelchair.
Medicare coverage generally
may continue to 93 months after a successful trial work period.
You are eligible for
Medicare after receiving disability (SSDI) benefits for 2 years. You may be required to pay part of the cost
of Medicare.
Supplemental
Security Income (SSI)
You can continue to receive
Medicaid benefits even if your earnings are over the SSI limits, if you cannot
afford similar medical care and depend on Medicaid in order to work. Medicaid (also known as Title 19) is issued
through the local Human Services office.
Medicaid benefits may be retroactive.
You have to apply for Medicaid at the local Human Services office.
You may set aside income
and resources for up to 48 months toward an approved “Plan for Achieving Self
Support” (PASS).
You may deduct from your
earnings certain work expenses that you may have as a result of your
disability. Impairment related work
expenses can include medical devices, attendant care services, transportation
costs, work-related equipment, drugs and medical services, home modifications
and other expenses.
Your benefits may be
reinstated within 12 months after payments were stopped because earnings were
too high if you still have a disability.
You do not need to reapply but must notify Social Security immediately
to be reinstated.
Expedited Reinstatement
There is a safety net for you if you
successfully return to work and lose your entitlement to SSDI or SSI benefits
and payments. If your cash payments
ended because of your work and earnings, and you stop work within 5 years of
when your benefits ended, you may be able to start your benefits again without
a new application. This provision allows
you to receive up to 6 months of temporary cash benefits while Social Security
conducts a medical review to determine whether you can be reinstated to
benefits. Contact Social Security
immediately and review all eligibility requirements for expedited reinstatement.
Ticket
to Work
The goal of the program is
to increase the choices of SSDI beneficiaries with disabilities for obtaining
employment, vocational rehabilitation, or other support services from public
and private providers.
Tickets will be issued to eligible recipients of
Social Security and they can voluntarily use these to contact one or more
Employment Network providers to discuss and arrange services.
Social Security will
contract with service providers to become Employment Networks.
If
you have questions about your rights to Social Security or if you need more
information, contact:
515-282-9866
(Voice)
800-772-1213
(Voice)
800-325-0778
(TTY)
Your local Social Security
office
Your local Department of
Human Services
For
information on Ticket to Work, contact:
MAXIMUS Ticket to Work
Program
866-968-7842
866-833-2967
(TTY)
Iowa Work Incentives and Planning Assistance
877-424-9472
SOCIAL
SERVICES
You
have the right to participate on an equal basis in nutrition programs, senior
citizen activities, pre-natal and child care programs, day care (for your child
with a disability) or any other social services program.
You
cannot be denied benefits or services on the basis of disability if you are
otherwise qualified.
You
have the right to participate in a social services program in the most
integrated setting possible.
If
you have questions about your rights to social services or if you need more
information, contact:
Your local Department of
Human Services
United States Department of Justice
Civil
Rights Division
Office
on the Americans with Disabilities Act
800-514-0301
(Voice)
800-514-0383
(TTY)
http://www.usdoj.gov/crt/ada/adahom1.htm
TAX EXEMPTIONS
You
may have the right to suspension or cancellation of special assessments and
property taxes, if you have a severe disability. You may have the right to
apply for reimbursement of property taxes, if you have a severe disability. You
have the right to have a designated representative apply for homestead credit
on your behalf, if you have a severe disability.
If
you are living in a nursing home, rental property or condominium where the
landlord pays the property tax, you may have the right to apply for partial
reimbursement of property tax provided you meet certain income guidelines.
If
you itemize your income taxes, you may be able to deduct expenses related to
your disability. Such expenses include
veterinary costs for a service animal, medical costs, or employment-related
expenses such as attendant care, home modifications and assistive devices.
If
you have questions about your rights to tax exemptions or if you need more
information, contact:
For
Property Tax Credit or Rent Reimbursement:
Iowa Department of Revenue and Finance
515-281-3114
800-367-3388
Your local county treasurer
or auditor
For
TELECOMMUNICATIONS
Companies
offering telephone service to the general public must offer relay services to
individuals with hearing and/or speech impairments on a 24-hour per day
basis.
If
you live or work in
You
have the right to your relay message being conveyed without intentional change.
As
a person with a communication impairment, you have the right to access relay
services through any company offering telephone service to the general public.
Within
You
cannot be refused calls or limited on the length of time of relay calls. You have the right to confidentiality.
If
you are unable to use a telephone directory because of a disability, you may
apply for an exemption from Directory Assistance charges. You should contact your local telephone
company about this exemption.
If
you have questions about your rights concerning communications or if you need
more information, contact:
Deaf Services Commission of
Iowa Department of Human Rights
Second Floor,
888-221-3724 (Voice and
TTY)
www.state.ia.us/government/dhr/ds
877-565-4450 (Voice and TTY)
TRANSPORTATION
Air
Travel
If
you need special equipment (such as a respirator) or assistance while
traveling, it is important to call ahead.
You
may not be refused transportation by an air carrier on the basis of a
disability. You may not be refused air
transportation because of the number of persons with disabilities on a
particular flight.
You
may not be refused air transportation because your disability may be viewed as
offensive, annoying or an inconvenience by crew members or other
passengers. However, you can be refused
air transportation if you would endanger the health or safety of other
passengers.
You
have the right to assistance in boarding an airplane unless the plane has fewer
than 30 seats and there are no lifts, boarding chairs or other boarding devices
available. Carrier personnel are not
required to physically carry a person on board an airplane.
Properly
trained personnel must be available to assist if help is needed in boarding and
exiting an airplane.
You
have the right to take into the airplane cabin those assistive devices
necessary for you to board, exit, or use in flight. These devices do not count toward the limit
for carry-on items.
You
have the right to be accompanied by your service animal on an air flight.
You
have the right of access to passenger, baggage loading/unloading, parking, and
waiting areas of airports.
You
have the right to consult the Complaints Resolution Official (CRO) who is
available at all times during scheduled flights if you have a concern or feel
your rights have been violated.
Bus Transportation
You
have the right to accessible transportation on existing fixed route public
transit systems on any busses purchased after August 25, 1990.
If
the fixed route public transit system does not yet have busses purchased after
August 25, 1990 or if you are unable to use the fixed route system, you have the
right to special transportation services. These services must be comparable to
services provided by the fixed route service (unless this would pose an undue
burden on the transportation provider).
You
have the right to accessible transportation on any new vehicle with a capacity
of more than 16 passengers purchased after August 25, 1990 being used to
operate shuttle service between locations by hotels, motels, private schools
and other private businesses.
New
bus stations and alterations to existing stations must be accessible.
You
have the right to file complaints with the United States Department of
Transportation or to bring a private lawsuit.
Motor Vehicle
You
have the right to apply for a driver’s license.
If you are denied driving privileges because of an inability to operate
a motor vehicle, you may be eligible to apply for a special instruction permit.
You
have the right to apply to the Iowa Department of Transportation for an
exemption from using a seat belt while riding in a motor vehicle.
If
you are a licensed driver with a physical disability or the parent of a child
(under 22) with a disability, you have the right to apply to the Iowa
Department of Transportation for specialized license plates.
You
cannot be denied car insurance or subjected to different terms or conditions of
insurance based on disability alone, if the disability does not pose increased
risks.
Parking
If
you are unable to reasonably walk in excess of two hundred (200) feet without
assistance, you have the right to apply to the Iowa Department of Transportation
for an accessible parking identification device.
If
you are unable to walk without causing serious detriment or injury to your
health, you have the right to apply for an accessible parking identification
device.
If
you have an accessible parking identification device properly displayed in the
car that you are driving or are a passenger, the vehicle may be parked in a
designated accessible parking space.
You
have the right to request that the city or county accessible parking review
committee review the number and location of accessible parking spaces.
Rail Travel
You
have the right to accessible rail service on all new rail vehicles purchased
after August 25, 1990. Existing rail
systems must have one accessible car per train by July 26, 1995.
New
rail stations and alterations to existing stations must be accessible.
You
have the right to file a rail travel complaint with the United States
Department of Transportation or bring a private lawsuit.
If
you have questions about your rights concerning transportation or if you need
more information, contact the following agencies:
Department
of Human Rights
Second Floor,
515-281-5969 or 515-281-8088 (Voice)
888-219-0471 (Voice and TTY)
www.state.ia.us/government/dhr/pd
For
Motor Vehicle Registration and Driver Services:
Iowa Department of Transportation
515-244-9124
800-532-1121
(Voice)
For Bus and Rail:
Office of Public Transportation
Iowa
Department of Transportation
For Air Travel:
United States Department of
Transportation
Aviation Enforcement and Proceedings
202-366-2220
(Voice)
800-877-8339
(TTY)
800-778-4838
(Disability Hotline – Voice)
800-455-9880
(Disability Hotline – TTY)
For Insurance: For
Parking
Department of Commerce Your local county and
city
Insurance
Commissioner Accessible
Parking and
330
Maple Street Review
Committee
515-281-5705
877-955-1212
VETERANS WITH DISABILITIES
Monetary
benefits are paid to veterans who are disabled by injury or disease incurred or
aggravated during active military service in the line of duty.
A
veteran with a disability may be entitled to a grant from the Veterans
Administration (VA) for a home especially adapted to their needs.
Veterans
with a disability may be provided prosthetic appliances and/or authorized aids
for service connected blindness.
Any
veteran who is entitled to receive compensation for a service connected
disability for which he or she uses prosthetic or orthopedic appliances,
including a wheelchair, which the VA determines tends to wear out or tear
clothing, may receive a clothing allowance.
You
may be eligible for a pension if you are permanently and totally disabled for
reasons not traceable to military service and not due to reasons due to willful
misconduct. You must meet service and
income requirements to be eligible.
You
may be eligible for vocational rehabilitation services if you suffered a
service-connected disability.
You
may be eligible for the VA to furnish outpatient medical care for any
disability to veterans:
with service connected
disabilities
who suffered injury as a
result of VA hospitalization in a VA approved vocational rehabilitation
program.
Priority in referral to job openings and training opportunities is
given to eligible veterans with preferential treatment for veterans with
disabilities in local and state employment services. Veterans with disabilities are given priority
in hiring in state and federal employment.
If you have questions about your rights
as a veteran with a disability or if you need more information, contact:
Regional Office
800-827-1000 (Voice)
800-829-4833 (TTY)
Workforce Development
515-281-5387 (Voice)
800-562-4692 (Voice)
Deaf
or Hard of Hearing use Relay 711
Your local Iowa Workforce
Development Office
VOCATIONAL REHABILITATION
You have the right to apply for services from the Iowa Vocational
Rehabilitation Services within the Department of Education or the Iowa
Department for the Blind.
You have the right to an evaluation at no charge to you sufficient
to determine eligibility for services.
This evaluation will be completed within 60 days of your application.
If a determination is made that you are not eligible for services,
you have the right to know why and the right to appeal that decision.
You have the right to ask for help from the Client Assistance
Program if you do not agree with any decision made in your vocational
rehabilitation program.
You have the right to appeal any decision made by rehabilitation
personnel and be provided a mediator and/or an opportunity for a hearing before
an impartial hearing officer.
You have the right to confidentiality of records.
You have the right to full participation in the planning of goals
and services. Information will be
provided to you to make choices in goods and services you need to complete your
planned goal.
You have the right to continuous counselor or teacher involvement
throughout your rehabilitation.
If you have questions about your rights to vocational
rehabilitation or if you need more information, contact:
Division of Persons with Disabilities
Iowa Department of Human Rights
Second Floor,
515-281-3656 (Voice and TTY)
800-652-4298 (Voice and TTY)
www.state.ia.us/government/dhr/pd
Iowa Department of Education
Vocational Rehabilitation Services
515-281-4211 (Voice and TTY)
800-532-1486 (Voice and TTY)
Iowa
Department for the Blind
524
515-281-1333
(Voice)
515-281-1355
(TTY)
800-362-2587
(Voice)
VOTING
You
cannot be prevented from voting solely on the basis of your disability.
You
have the right to vote at an accessible voting site.
You
have the right to accessible parking at the voting site.
If
you need help marking your ballot, you have the right to receive
assistance. A person of your choice may
help you or you may request the help of precinct officials.
If
you are unable to enter the polling place, two precinct officials (one of each
major party) must bring a ballot to your car and help you, if necessary.
If
you expect to be away from your precinct on Election Day, or if you are unable
to go to the polls, you may request an absentee ballot. You mail your absentee ballot or you may
designate someone to deliver the ballot for you.
If you have questions about your voting rights or if you need more
information, contact:
Office of the Secretary of
State
Elections Division
First Floor,
515-281-0145 (Voice/TTY)
your local county auditor
for an absentee ballot
WORKERS’
COMPENSATION
If
you are injured on the job (in the course of and arising out of employment),
you may be eligible for Workers’ Compensation benefits. Most employers are required to have
some form of Workers’ Compensation for their injured workers and there are few
exceptions to this. Examples of these
exceptions include officers of a family farm corporation or directors of a
corporation who are not employees of the corporation. If you are not sure your employer provides
Workers’ Compensation, you should seek further information.
You
must provide your employer with a notice of injury within ninety days of the
injury (or the employer must have knowledge of the alleged injury.)
Any
employer who is not a resident of the state but has employees performing
services within the state is required to provide Workers’ Compensation to
injured workers.
If
you are injured arising out of and in the course of job training or job
evaluation, you may be eligible for Workers’ Compensation benefits.
You
have the right to Workers’ Compensation benefits by law and cannot be required
to waive (give up) any rights to benefits with one exception. You can agree with the employer to waive
compensation benefits for any injury caused directly or indirectly by a
physical condition, which increases potential risk of injury. The Industrial Commissioner must approve such
a waiver.
If
you are found to be eligible for Workers’ Compensation, you are entitled to
benefits. Benefits include:
·
Medical benefits including the payment of all
reasonable and necessary medical care to treat the injury.
·
Transportation costs incurred to treat the
injury including reimbursements for use of a private vehicle.
·
Disability benefits that are based upon your
average gross weekly earnings. Disability benefits are determined by the type
of injury/disability incurred and by the average gross weekly earnings of the
injured employee.
·
Vocational Rehabilitation benefits for employees
who meet specific criteria and are actively engaged in a vocational
rehabilitation program.
You must submit to a
medical examination at a reasonable time and place and as often as reasonably
requested by your employer. Your
employer has the right to choose the medical care you need. This medical care should not cost you. You have the right to have your physician
present to participate in the examination but you must pay for this yourself.
You have the right to
be paid wages at your regular rate, if you are required to leave work for the
requested examination.
You have the right to
be furnished transportation to and from the place of examination or to be paid
the reasonable cost of the transportation.
If you are not
satisfied with your medical care and wish other medical care, you may discuss
this with your employer. If you are
unable to resolve this with your employer, you have the right to apply to the
Industrial Services Division for alternate care.
If you receive a
rating of permanent disability and believe it is too low, you have the right to
have a subsequent examination by a physician of your choice. Your physician has the right to confer with
and obtain from the employer-retained physician sufficient history of the
injury to make a proper examination. The
employer has to pay for this second examination.
An employer is not
required to provide more than one set of permanent prosthetic devices. However, when any crutch, artificial member,
or appliance is damaged or made unusable in conjunction with a personal injury
entitling the employee to disability benefits, the employer shall repair or
replace the prosthetic device.
If you incur an
occupational disease arising out of and in the course of your employment, you
may be eligible for compensation and/or reasonable medical services.
If you incur
occupational hearing loss due to excessive noise levels, you may be eligible
for compensation. You must file your
claim within six months of the employment in which you were exposed to
excessive noise levels.
You have the right to
legal representation in Worker’s Compensation dealings.
If you have questions
about your rights to Worker’s Compensation or if you need more information,
contact:
Iowa
Department of Labor
Industrial Services
Division
515-281-5934 (Voice)
800-562-4692 (Voice)
Deaf
or Hard of Hearing use Relay 711
Department of Human Rights
Second Floor,
515-281-5969 or 515-281-8088
(Voice)
888-219-0471 (Voice
and TTY)
www.state.ia.us/government/dhr/pd