The Future of Disability Rights Under the Current Administration

Introduction

Disability rights have long been a cornerstone of civil rights protections in the United States. Laws like the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act have paved the way for greater inclusion in education, employment, and public life. However, the current administration’s policies and legal shifts threaten to undermine these hard-won protections, putting millions of disabled Americans at risk.

At Burris, Nisenbaum, Curry & Lacy (BNCL), we are committed to advocating for individuals facing discrimination due to their disabilities. This blog explores recent policy changes, the legal battles ahead, and how we can work together to protect disability rights.

Recent Policy Changes Affecting Disability Rights

Several recent administrative and legislative actions signal a rollback of critical disability protections:

1. Threats to the Americans with Disabilities Act (ADA)

The ADA ensures that individuals with disabilities have access to workplaces, public services, and accommodations. However, recent regulatory changes and court rulings have weakened its enforcement:

• Narrowing the Definition of Disability: Some courts have interpreted the ADA in ways that exclude certain chronic illnesses and mental health conditions, making it harder for individuals to qualify for protections.
• Reduced Workplace Protections: Under the current administration, agencies such as the Equal Employment Opportunity Commission (EEOC) have scaled back their enforcement of workplace accommodations, leading to increased discrimination complaints.

2. Cuts to Social Security and Disability Benefits

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) provide essential financial support for individuals who cannot work due to their disabilities. Recent budget proposals and administrative rule changes threaten to tighten eligibility requirements and reduce benefits, disproportionately impacting low-income and disabled individuals.

3. Attacks on Disability-Inclusive Education

Students with disabilities rely on Individuals with Disabilities Education Act (IDEA) protections to receive equal educational opportunities. However:

• Funding for special education programs has been cut or remains stagnant despite rising costs.
• Some school districts have attempted to limit accommodations for disabled students, making it more challenging for them to receive the support they need.
• The Supreme Court has ruled in ways that weaken the ability of parents to challenge school districts when they fail to meet legal requirements.

4. Increased Barriers to Healthcare Access

Access to affordable healthcare is critical for disabled individuals, yet recent policy shifts threaten coverage:

• Medicaid expansion rollbacks in certain states limit access to vital healthcare services.
• Proposed changes to Medicare could increase out-of-pocket costs for disabled individuals who rely on these services for daily care and medical needs.
• The repeal of pandemic-era telehealth accommodations disproportionately affects individuals with mobility impairments or those living in rural areas.

The Impact on Everyday Americans

The rollback of disability protections is not just a bureaucratic issue—it has real, tangible effects on millions of people:

• Employment discrimination cases are on the rise, as fewer companies feel compelled to comply with ADA standards.
• Disabled individuals face increased financial insecurity, with greater difficulty accessing SSDI and other critical benefits.
• Students with disabilities are being denied the accommodations they need, limiting their ability to thrive in academic settings.
• Healthcare disparities are widening, as individuals lose access to necessary medical services due to policy shifts.

What BNCL Is Doing to Fight Back

At BNCL, we believe in holding institutions accountable for violating disability rights. Our firm is actively engaged in:

• Litigating ADA and workplace discrimination cases to ensure disabled individuals receive the accommodations and opportunities they deserve.
• Challenging discriminatory policies that strip essential benefits from disabled individuals.
• Advocating for legislative protections that reinforce disability rights and prevent further rollbacks.
• Educating the public on their rights, so disabled individuals and their families understand how to navigate these legal challenges.

How You Can Help Protect Disability Rights

Even as the administration moves to weaken disability protections, individuals and advocacy groups can take action:

• Stay informed about changes to disability laws and regulations.
• Support disability rights organizations like the ACLU, the National Disability Rights Network (NDRN), and the Disability Rights Education & Defense Fund (DREDF).
• Report violations of ADA and workplace discrimination laws to appropriate legal channels.
• Vote for leaders who prioritize disability rights and push for stronger legislative protections.

Conclusion

The fight for disability rights is far from over. With the current administration’s policies threatening hard-won legal protections, advocacy and legal action are more important than ever. BNCL remains dedicated to defending the rights of disabled individuals and ensuring they receive the protections they are entitled to under the law.

If you or a loved one has experienced discrimination due to a disability, contact BNCL today for a consultation. Together, we can work to uphold justice and ensure equal rights for all.