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We are a non profit providing resources to women including…

We are a non...

We are a non profit providing resources to women including shelter. Our by laws says we can't provide shelter to people with a felony charge. recently challenged by a young lady saying ADA says we can't discriminate against a former heroin drug felony charge. Is this correct.

Lawyer's Assistant: What state is this in? And can you tell me a little more about the charge?

We are in Florida. Our director just told me the young lady looking for shelter ( temporary housing) until she can get back on her feet.All i know it was related to heroin felony charge.

Lawyer's Assistant: Has anything been filed or reported?

I have to assume yes if she admitted to having a felony charge

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Should this young lady be correct in that ADA says we no longer can discriminate on who we accept as clients than we'll be happy to change our criteria, but just want to confirm

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Answered in 8 minutes by:
3/7/2018
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 18,161
Experience: Licensed Texas General Practice Attorney
Verified

Thank you for using JustAnswer.

I'm sorry to hear about your situation. That's an incorrect interpretation of the law. You can't discriminate against her based upon her addiction, but you can discriminate against her based upon her felony record. So long as you apply that policy against felony records uniformly, it's going to apply here as well. The reason that you're refusing her shelter has nothing to do with the addiction (which could be covered by the ADA) but rather the fact that it's a felony and that she has a felony record.

The ADA is not about actions, per se, but about intent. That is, if you're intending to discriminate based upon a disability, that's a violation. But if you're discriminating against something else, that just so happens to tangentially implicate a disability (but the intent has nothing to do with that disability) then it's not an ADA violation.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 18,161
Experience: Licensed Texas General Practice Attorney
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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