ADA

Americans with Disabilities Act (ADA)

Overview

The ADA was signed in 1990 by President George H. W. Bush. The ADA is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public. 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 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.

The ADA defines disability with a three-part definition (sometimes called a three-prong definition):

  • A physical or mental impairment that substantially limits one or more major life activities (i.e. working, talking, hearing, seeing, caring for one’s self)
  • Or having a record of such an impairment;
  • Or being regarded by others as having an impairment such as individuals with severe facial scarring.

The ADA has five sections, which are called titles. Each title has details about a specific topic:

ADA Amendments Act (ADAAA)

In 2008, the Americans with Disabilities Act Amendments Act (ADAAA) was signed into law and became effective on January 1, 2009. The ADAAA made a number of significant changes to the definition of “disability.” The changes in the definition of disability in the ADAAA apply to all titles of the ADA, including Title I (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); Title II (programs and activities of state and local government entities); and Title III (private entities that are considered places of public accommodation).

After the ADA passed, several different agencies have responsibility for rule-making 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 Title II. The Federal Communications Commission enforces Title IV.

For more information contact the National ADA Network at 800-949-4232.

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, 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.

Title I prohibits employers from giving pre-employment medical exams or inquiries to determine if an individual is disabled. 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.

Title I complaints may be filed with the Equal Employment Opportunity Commission, the enforcement agency for Title I. The EEOC can be contacted to file a complaint by calling 800-669-4000 (V) or 800-669-6820 (TTY).

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 prohibits 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.

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.

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 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.