Domestic Violence & People with Disabilities
Anyone can be affected by domestic violence and abuse, but people with disabilities are more likely to experience abuse than people without disabilities. Because abuse is about power and control, people with disabilities may face unique challenges and barriers to accessing support.
According to the Equal Rights Center, domestic violence can intersect with disability in four key ways:
The red flags of abuse are the same for everyone, but a person with disabilities may experience non-”traditional” signs, including an abusive partner who:
The Americans With Disabilities Act (ADA), adopted in 1990, provides protection from discrimination for people with disabilities. The ADA defines disability as “a physical or mental impairment that substantially limits one or more of the major life activities.”
It’s important to note that under Title II of the ADA, social services such as domestic violence shelters must be accessible for people with disabilities. Title III of the ADA covers public accommodations, which generally includes all places open to the public, such as offices for counseling services, legal services, translation services, doctors’ offices and shelters.
Per the ADA, to be accessible to people with disabilities, shelters and offices are required to:
ADMIT PEOPLE WITH DISABILITIES INTO THE SHELTER
People with disabilities must have an equal opportunity to benefit from programs, services and activities. People with disabilities must be treated equally and may not be excluded from shelters on the basis of having a disability.
For example, it is not permissible to deny admittance to an individual because he or she has a mental health disability or HIV.
PROVIDE REASONABLE ACCOMMODATIONS
‘Reasonable accommodations’ – alterations to policies, practices and procedures – allow a program or shelter to provide the same services to people with disabilities as people without disabilities. Reasonable accommodations must be made unless they entail significant difficulty or expense.
For example, if a shelter has a no pet policy, that policy may need to be altered to admit an individual who has a service dog.
ELIMINATE STRUCTURAL BARRIERS TO ACCESS
A building must be free of structural barriers to people with disabilities. Although people with mobility disabilities are the most affected by structural barriers, people with a range of disabilities can benefit from the removal of structural barriers or modifications of physical attributes.