Legal Question in Disability Law in Massachusetts
Threats against the disabled/handicapped
I am looking for the law concerning threats of bodily harm against one who is disabled.
I know there are two,one in MGL,and the other a federal law,however I cannot locate either.
Our local police dept refuses to assist,since they have never heard of such a thing.
Would you please ,atleast,give me the location of one or both of these laws/statutes?
SEMPER FI
1 Answer from Attorneys
Re: Threats against the disabled/handicapped
If the threat(s) occurred while you were engaged in enforcing your civil rights under the ADA (federal), the following is the applicable provision for action.
TITLE 42 > CHAPTER 126 > Sec. 12203.
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
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