ADA Overview
Americans with Disabilities Act
The Americans with Disabilities Act (ADA) was signed in 1990 by President George H. W. Bush. The ADA is a comprehensive civil rights law that prohibits discrimination based on disability in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the public. The purpose of the law is to ensure that people with disabilities have the same opportunities as everyone else. The ADA gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, state and local government services, and telecommunications.
There are five Titles within the ADA, they are:
Several federal agencies have responsibility for rulemaking and enforcement. For example, all employment-related rules are handled by the US Equal Employment Opportunity Commission (EEOC). The Department of Justice enforces Titles II and III of the ADA. The US Department of Transportation is responsible for making the regulations concerning transportation. The Federal Communications Commission enforces Title IV.
What does that mean?
The purpose of the law is to make sure that people with disabilities have the same rights and opportunities as everyone else. The ADA gives civil rights protections to individuals with disabilities like those provided to individuals on the basis of race, color, sex, national origin, age, and religion.
Definition of Disability
The ADA defines disability with a three-part definition (sometimes called a three-prong definition). To be protected under all titles of the ADA, an individual must first meet the definition of disability. A person can show that he, she, they has/have a disability in one of three ways
A physical or mental impairment that substantially limits one or more major life activities
(i.e., working, talking, hearing, seeing, caring for oneself and operation of a major bodily function such as, neurological, musculoskeletal, special sense organs, respiratory, cardiovascular, reproductive, digestive, genitourinary, immune, circulatory, hemic, lymphatic, skin, and endocrine)
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Or having a record of such an impairment; A person has a record of a qualifying disability. That is a person has a disability if she or he or they has/have a history of a disability (such as cancer that is in remission).
A person is regarded as a person having a disability.
“Regarded as” means that the person either:
- Has an impairment that does not substantially limit a major life activity;
- Has an impairment that substantially limits a major life activity only as a result of the attitudes of others toward them; or
- Does not have any impairment but is treated by an entity as having an impairment.
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Examples of the Definition of Disability
The ADA also protects the people who are associated with people with disabilities. For example, a friend of a person with a disability, or a relative or co-worker of a person with a disability, or an attendant of a person with a disability. For example:
- Refusing to hire an individual who has a child with a disability based on an assumption that the applicant will be away from work excessively or be otherwise unreliable.
- Denying an employee health care coverage available to others because of the disability of an employee’s dependent.
Examples of how the Definition of Disability applies under the Titles of the ADA
Additionally, a person with a disability as defined above must be qualified to be protected under the ADA. Qualified applies to:
- Title I of the ADA: Employment
- A qualified person with a disability is someone that satisfies the requisite skill, experience, education, and other job-related requirements of the employment position the individual holds or desires, and who, with or without reasonable accommodation, can perform the essential functions of such position.
- Titles II and III of the ADA: State and Local Government Services and Public Accommodations
- A person with a disability must satisfy (or meet) all the essential qualifications for participation in any program or activity that a non-disabled individual must satisfy. For example, an age requirement or age range such as 12 years old and under or 18 years old and older.
How Does the ADA Apply to Everyday Life?
The ADA applies to many areas of life. To learn more about some of these areas, including examples, click the area of interest below
- Architectural (or Building and Facilities)
- Education
- Effective (or successful) Communication
- Emergency Preparedness
- Employment
- Health Care
- Housing
- Parking and Transportation
- Program and Service Access
- Service Animals
- Voting
- Websites, Electronic Documents, and Assistive Technology
ADA Amendments Act (ADAAA)
In 2008, the ADA was amended and the changes in the definition of disability became effective on January 1, 2009. The ADA amendments made several significant changes to the definition of “disability.” The changes apply to all titles of the ADA, including employment practices of private employers with 15 or more employees, state and local governments, employment agencies, labor unions, agents of the employer and joint management-labor committees, programs and activities of state and local governments, and private businesses that are considered places of public accommodation.
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Title I: Employment
Title I is designed to help people with disabilities access the same employment opportunities and benefits available to people without disabilities. Title I requires employers with 15 or more employees to provide equal employment opportunities for individuals with disabilities. Employers may hire, fire, and promote the most qualified individual, regardless of his/her disability. Title I covers all aspects of the hiring process, including posting of available positions, interviewing, job offers, and hiring. It requires all employers to make necessary reasonable accommodations for known disabilities of a qualified applicant or employee such as providing a qualified interpreter for a deaf applicant to participate in a job interview unless the accommodation would impose an undue hardship on the employer. According to the US Equal Employment Opportunity Commission (EEOC), a reasonable accommodation is “any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities.” Examples of reasonable accommodations include modification of work schedules, altering a workspace, restructuring job duties, and reassignment. Tax credits may be available for employers that comply with the law.
Additionally, covered employers must provide an employee with a disability an accommodation when it is needed so the employee may perform the essential job functions or provide equal access to any benefit associated with the job, i.e., health insurance, employee parking etc. A reasonable accommodation is “any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities.” Examples of reasonable accommodations include modification of work schedules, altering a workspace, restructuring job duties, and reassignment.
The ADA prohibits employers from asking any disability or medical related questions on an application, or during an interview. It also prohibits the use of employment tests and other selection criteria that screen out or tend to screen out individuals with disabilities unless the tests are shown to be job-related and consistent with business necessity. Employers must also keep results of any medical exams confidential. The law permits employers to inquire about the ability of a job applicant or employee to perform essential job-related functions at any time.
Employment complaints may be filed with the U.S. Equal Employment Opportunity Commission. The EEOC can be contacted to file a complaint by calling 800-669-4000 (V) or 800-669-6820 (TTY).
Webinars
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Leave under the ADA and FMLA
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Reasonable accommodations in the workplace for individuals who are deaf/hard of hearing
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Disclosure of Disability under the ADA and its relationship to Section 503 Regulations
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Accommodations for Hiring and Work
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Workers with Long COVID-19 and the ADA
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Inflexible Return-to-Work Policies – Bringing People Back to Work
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Reasonable Accommodation Update
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Title II: State & Local Governments
Title II requires that individuals with disabilities are not excluded from programs, services, employment, and activities provided by state and local governments. Title II regulations prohibit state and local government agencies, departments, special purpose districts, and other instrumentalities from discriminating against people with disabilities in their programs, services, and activities. A “public entity” is a state or local government, as well as any agency, office, or department run by a state or local government. Public entities must make reasonable modifications to their policies, practices, and procedures to allow equal opportunity for individuals with disabilities to participate unless to do so would fundamentally alter the nature of the service, program, or activity. They must also provide auxiliary aids and services, integrated program access through nonstructural and architectural modifications, and meet Title I employment provisions with all employees and contractors. Public entities do not need to remove all physical barriers in existing buildings as long as programs provided in those buildings are readily accessible to users with disabilities in another facility. All new construction must be accessible.
The U.S. Department of Justice, (DOJ), has enforcement responsibility for all State and local government entities not specifically assigned to other designated agencies. Title II also seeks to ensure that individuals with disabilities have equal access to existing public transportation services. All newly purchased buses and other vehicles must be accessible. In cases of inaccessible fixed route systems, public entities must provide paratransit services comparable to the level of service provided by the fixed route system.
Individuals can file transportation complaints for violations under the ADA by contacting the Department of Transportation.
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Title III: Places of public Accommodation
All places of public accommodation, including both for-profit and nonprofit establishments that affect commerce must follow Title III guidelines. A place of public accommodations means any place that is open to the public where commerce is carried out. These businesses include sales and service establishments, restaurants, theaters, hotels, libraries, and doctors’ offices. Title III also applies to all commercial facilities including office buildings, factories, and warehouses. Privately owned businesses have obligations under Title III of the ADA.
Public accommodations must provide goods and services to individuals with disabilities in the most integrated setting possible. The law also requires businesses to eliminate eligibility requirements that exclude or segregate individuals with disabilities unless the requirements are necessary for the operation of the accommodation. These entities must make reasonable modifications to their policies, practices, and procedures that deny access unless the modification would fundamentally alter the nature of the goods or services provided. When necessary, public accommodations are required to provide auxiliary aids, such as Braille material, to ensure effective communication unless it would cause an undue burden for the public accommodation. Public accommodations must also remove all architectural and structural communication barriers in existing facilities where readily achievable. Transportation provided by private entities must also be accessible.
When constructing new building facilities or altering existing facilities, public accommodations must follow the ADA Standards for Accessible Design (also known as the Americans with Disabilities Act Accessibility Guidelines (ADAAG). These standards include general design requirements for building and site elements such as parking, accessible routes, ramps, and elevators.
The Department of Justice (DOJ) enforces Title III of the ADA.
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Title IV: Telecommunications
Specifically addressing the needs of people with hearing and speech disabilities, Title IV requires telephone companies to establish telecommunications relay services (TRS). Title IV requires that telephone companies provide telecommunication relay services that allow individuals with hearing or speech impairments to communicate using a TTY or other non-voice device. Relay services may be accessed by dialing 7-1-1.
Title IV also requires that all television public service announcements produced or funded in whole or in part by the Federal government include closed captioning. The Section 508 Accessible Videos – How to Caption Videos is a great resource to learn more.
The Federal Communications Commission (FCC) enforces Title IV of the ADA.
Title V: Miscellaneous Provisions
Title V includes information regarding the ADA’s relationship with other federal and state laws, including the Rehabilitation Act of 1973, requirements relating to the provision of insurance, construction and design regulations by the U.S. Access Board, prohibition of state immunity, inclusion of Congress as a covered entity under the law, promotion of alternative means of dispute resolution, and establishment of technical assistance.