LED light can create a discriminatory barrier for certain individuals with disabilities, including individuals with epilepsy, autism, photophobia, migraines, PTSD, and others. Employers, government agencies, and private companies all have a responsibility under the Americans with Disabilities Act to modify their policies, practices, and procedures to address LED light discrimination.
There are two concepts within the ADA: policy and accommodation. An entity must have a policy in place to prevent discrimination. An entity may also make an accommodation for an individual with a disability to ensure that the individual is not subjected to discrimination. You may wish to compel an entity to modify their policies, practices, and procedures for LED light discrimination, or you may wish to receive an accommodation for a specific discriminatory barrier involving LED light.
While the goals of the ADA are noble, its implementation is dependent on government and company officials acting in the best interests of the individual with the disability, which they don’t do. Instead, use of the ADA becomes a battle between the individual and the government or private entity. This page provides information that can help you win the battle.
LED Light Discrimination Policy
Title II – State or Local Government Entity
35 C.F.R. § 35.130(7)(i) states, “A public entity shall make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity.”
Therefore, you may write a letter to a public entity and request that the entity make a reasonable modification to their policies, practices, and procedures to address LED light discrimination. Here is a letter in editable format that was sent to a California unviersity requesting policy modification to address LED light discrimination. You may modify this letter to send to a local or state agency.
Title III – Private Company
ADA Accommodation
Title II – State or Local Government Entity
Title III – Private Company
28 C.F.R. § 36.302(a) states, “General. A public accommodation shall make reasonable modifications in policies, practices, or procedures, when the modifications are necessary to afford goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities, unless the public accommodation can demonstrate that making the modifications would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations.”
Therefore, you may write a letter to a business and request ADA accommodation.