FYI: Title 42: Chapter 126: Sec. 12203. Prohibition Against Retaliation and Coercion

President George H.W. Bush signs into law the Americans with Disabilities Act (ADA) on July 26, 1990.

President George H.W. Bush signs into law the Americans with Disabilities Act (ADA) on July 26, 1990.

So all I am prepared to write about Section 12203 of the ADA 1990 law is that I’ve had occasion to look it up, and to quote it. Personally, I would have preferred that the individuals that I had to quote it to had looked it up themselves, but the time for reasonableness is gone I suppose.

But here’s a couple of thoughts:

1) When someone quotes law at you, take a damn second out of your day and look up the bloody law. Better yet, phone a friend. Just make sure that friend has a cluuue what they are talking about.

And remember, Federal Law always trumps organizational policy in the United States. Full stop.

And 2)

For God hath not given us the spirit of fear; but of power, and of love, and of a sound mind.
2 Timothy 1:7, KJV

But anyway, the Sec. 12203. Prohibition against retaliation and coercion provision basically says that whenever someone files a claim of discrimination based on the Title 42 – The Public Health And Welfare: Chapter 126 – Equal Opportunity For Individuals With Disabilities ADA 1990 law, you cannot legally hit them back with counter-charges of, well, anything. The law is intentionally broad in the definition of “anything,” and also intentionally broad in whom it covers- such coverage also being extended to individuals that have been involved in the investigation but are not otherwise the same individual that filed the complaint. The spouse of an individual that filed a complaint would be a perfect example of someone that is also protected by this law, particularly if said spouse has acted as an advocate on the part of the complainant.

Head hurt yet? Yeah, mine too. That’s why I bailed on law school. But anyway, here’s the facts, Officer:

Sec. 12203. Prohibition against retaliation and coercion

Title 42 – The Public Health And Welfare: Chapter 126 – Equal Opportunity For Individuals With Disabilities

Sec. 12203. Prohibition against retaliation and coercion

(a) Retaliation

No person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this chapter or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this chapter.

(b) Interference, coercion, or intimidation

It shall be unlawful to coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by this chapter.

(c) Remedies and procedures

The remedies and procedures available under sections 12117, 12133, and 12188 of this title shall be available to aggrieved persons for violations of subsections (a) and (b) of this section, with respect to subchapter I, subchapter II and subchapter III of this chapter, respectively.

Okay, a third thought:

Education is what survives when what has been learned has been forgotten.
B. F. Skinner, “New Scientist,” May 21, 1964

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