Disability Laws: Protected on Paper, Left Behind in Practice

April 3, 2025 Frances 0 Comments

 

By Lateefah S. Williams, Esq. 

Disability rights laws are supposed to make life fairer for people with disabilities. However, this is often not the case. Laws designed to give people with disabilities equal access often do not work in practice. In the U.S., we’ve got laws like Section 504 of the Rehabilitation Act, the Americans with Disabilities Act (ADA), and the Individuals with Disabilities Education Act (IDEA). These laws were written to provide protection for people in school, at work, in accommodations, and in everyday life. But recently, there have been some legal fights that may put some of these rights at risk. 

Section 504 Under Fire 

Right now, one of the biggest threats is that 17 states have filed a lawsuit challenging Section 504, which is designed to stop discrimination against people with disabilities in programs that get federal money. According to Forbes, these 17 states claim that the current law is “coercive, untethered to the federal interest in disability, and unfairly retroactive” (Forbes, Feb. 2025). This is part of the anti-DEI (Diversity, Equity, and Inclusion) movement. Laws designed to make life fair and equitable are now being called reverse discrimination. 

If this lawsuit succeeds, the impact could be massive. Under “Demand for Relief,” the Forbes article says the lawsuit argues to declare Section 504 “unconstitutional.” It then attempts to prevent the government “from enforcing Section 504.” 

Section 504 gives students with disabilities the support they need in schoolike extra time on tests, help with notetaking, or the ability to record lectures—depending on the student’s disability. Without this law, it’s possible that millions of students could lose their accommodations overnight. 

What the ADA and IDEA Say (and Don’t Say) 

The ADA says you can’t be treated unfairly just because you have a disability. It helps remove barriers, create a more inclusive society, and try to ensure equal access and fair treatment. Sounds simple, right?  

Further, IDEA ensures that students with disabilities receive a free and appropriate public education (FAPE), just like other students. It helps ensure that students with disabilities aren’t left behind and helps them transition to life after school, whether that’s college, a job, or independent living. This doesn’t sound difficult either, does it?  

Well, everyone does not agree with that notion. While these laws have made a major difference, we still have a long way to go to achieve true equality. Some parts of these laws are vague, and sometimes people just ignore them, even when they are precise and easy to understand. Still worse, there are times when courts decide that a person’s condition doesn’t count as a disability, even when it clearly affects their daily life, which is the legal standard. That can be a tough blow for someone who thought the law would protect them. 

Why Legal Fights Are So Hard 

Let’s be honest—taking legal action isn’t easy. Lawyers cost money, lawsuits often take a long time, and the whole process can be exhausting—not to mention that people fighting against disability protections often have more resources than individuals with disabilities. For many people with disabilities, just going to court is a challenge. Because of this, some companies or schools figure they can get away with bending, breaking, or ignoring the rules, knowing that most people will not be able to fight back. 

Loopholes and Gray Areas 

There are also loopholes that let people off the hook. For example, some older buildings don’t have to be fully accessible to people with disabilities if it’s considered “too expensive” to update the facility. While this might seem reasonable to some people, it means a person in a wheelchair might be unable to access many places. 

Then there’s the issue of enforcement. Just because a law is on the books doesn’t mean it’s being followed or enforced, especially now. With all the financial and staff cuts at federal government agencies, there are not enough resources to ensure that everyone is upholding the law, which, unfortunately, is the goal for those against DEI initiatives.  

What Happens When Protections Disappear? 

But that’s not the only concern. In March 2025, the Trump administration announced it was shutting down the Administration for Community Living (ACL)—the federal office that helps people with disabilities and older adults live independent lives. The agency was part of the Department of Health and Human Services (HHS) and helped coordinate everything from housing support to daily care programs. 

As Forbes reported, “The Administration for Community Living supports many seniors and people with disabilities, helping them live independently in their own homes” (Forbes, March 2025). Its elimination will likely create gaps in care for some of the most vulnerable members of society. 

Real Protections, Real Problems 

These are not just policy changes. These are signs that disability protections are not as secure as we thought. With the concerns mentioned earlier, it’s easy to see how the system can feel out of reach for the people it’s supposed to help. 

Even when laws are in place, they don’t always get enforced well. Loopholes, outdated rules, and underfunded agencies mean that many people with disabilities still face barriers they should not have to face every day. The good news? Disability and special education attorneys and advocates are not backing down. If you believe your rights are being violated, don’t hesitate to contact an attorney. 

 

 

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