Reports and Investigations
- Government Accountability Office Report: FEMA Action Needed to Better Support Individuals Who are Older or Have Disabilities
- National Council on Disability Report Preserving Our Freedom: Ending Institutionalization of People with Disabilities During and After Disasters
- The Partnership for Inclusive Disaster Strategies After-Action Report Getting it Wrong: An Indictment with a Blueprint for Getting It Right – Disability Rights, Obligations and Responsibilities Before, During and After Disasters
- Disability Rights North Carolina: The Storm After the Storm: Disasters, Displacement, and Disability Following Hurricane Florence
- Department of Homeland Security Office for Civil Rights and Civil Liberties:
- Living Hope Wheel Chair Association: Pre-existing Conditions In A Time Of Disasters: Challenges and Opportunities Advancing an Equitable Recovery For Vulnerable Populations
Legal Resources for Disability Rights in Disasters
Americans with Disabilities Act
ADA.Gov, the official Americans with Disabilities Act (ADA) website, from the Department of Justice, provides clear guidance based on Titles II and III of the ADA.
Rehabilitation Act of 1973
- The Rehabilitation Act of 1973 protects the civil rights of persons with disabilities. It prohibits discrimination on the basis of disability by the federal government, federal contractors, and by recipients of federal financial assistance.
- Any recipient or sub-recipient of federal funds is required to make their programs accessible to individuals with disabilities. Its protections apply to ALL programs and businesses that receive ANY federal funds.
- This applies to all elements of physical/architectural, programmatic and effective communication accessibility in all services and activities conducted by or funded by the federal government.
- Entities selected to receive a grant, cooperative agreement, or other award of Federal financial assistance from the U.S. Department of Homeland Security (DHS) or one of its Components, including State Administering Agencies must comply with civil rights obligations
- Sub recipients have the same obligations as their primary recipient to comply with applicable civil rights requirements and should follow their primary recipient’s procedures regarding the compliance with civil rights obligations.
- Given the scope and magnitude of a catastrophic incident, waivers, exceptions, and exemptions to policy, regulations, and laws may be available in order to save and sustain life, and to protect property and the environment.
- However, any such waivers, exceptions, and exemptions must be consistent with laws that preserve human and civil rights and protect individuals with disabilities and others with access and functional needs.
- Civil Rights in Emergencies and Disasters
- Notice to Recipients on Nondiscrimination During Disasters