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Americans with Disability Act

Americans with Disability Act

The Americans with Disabilities Act (ADA) was enacted in 1990 to protect individuals with disabilities from discrimination and ensure equal access to employment, public accommodations, and government services. The ADA has been instrumental in improving the lives of millions of Americans with disabilities, but there is still work to be done to ensure full compliance and inclusion for all individuals. In this article, we’ll explore the basics of the ADA, its impact, and changes that have been made in recent years.

What is the Americans with Disabilities Act (ADA)?

The Americans with Disabilities Act was signed into law on July 26, 1990, by President George H.W. Bush. The law prohibits discrimination against individuals with disabilities in all areas of public life, including employment, transportation, and public accommodations. The ADA also requires employers to provide reasonable accommodations for employees with disabilities to perform essential job functions.

The ADA defines a disability as a physical or mental impairment that substantially limits one or more major life activities, such as walking, seeing, or hearing. The ADA also protects individuals who have a history of disability or who are perceived to have a disability.

Title I: Employment

Title I of the ADA prohibits employment discrimination against individuals with disabilities. Employers with 15 or more employees are required to provide reasonable accommodations for applicants and employees with disabilities. This can include modifications to the work environment, job duties, or work schedule to allow an individual with a disability to perform the essential functions of their job.

Title II: State and Local Government Services

Title II of the ADA prohibits discrimination against individuals with disabilities by state and local government entities. This includes public transportation, public schools, and other government services. State and local governments must provide equal access to programs and services for individuals with disabilities.

Title III: Public Accommodations and Commercial Facilities

Title III of the ADA requires businesses that are open to the public to provide equal access to individuals with disabilities. This includes access to buildings, goods, and services. Businesses are required to remove physical barriers, such as stairs and narrow doorways, and make reasonable modifications to policies and procedures to provide equal access to individuals with disabilities.

Impact of the ADA

The ADA has had a profound impact on the lives of individuals with disabilities. Prior to the passage of the ADA, individuals with disabilities faced significant barriers to access and participation in everyday life. The law has ensured that individuals with disabilities are able to obtain and maintain employment, access public transportation and government services, and participate in social and recreational activities.

According to data from the U.S. Department of Labor, the unemployment rate for individuals with disabilities has decreased significantly since the passage of the ADA in 1990. In 2019, the unemployment rate for individuals with disabilities was 7.3%, down from 14.3% in 1988.

The ADA has also had a positive impact on the accessibility of public and private spaces. Buildings and facilities are now required to be designed and built with accessibility in mind, and businesses have made accommodations to make their goods and services accessible to individuals with disabilities.

Changes to the ADA

While the ADA has brought significant improvements in the lives of individuals with disabilities, there have been changes in recent years that have sparked controversy and debate around the law.

In September 2019, the Department of Justice (DOJ) issued a statement indicating that it intends to amend the ADA regulations to clarify website accessibility requirements for businesses. This has been an ongoing issue, with many businesses facing lawsuits claiming that their website is not accessible for individuals with disabilities.

The ADA also faces criticism for not doing enough to address economic disparity among individuals with disabilities. According to a report by the National Council on Disabilities, individuals with disabilities experience poverty rates twice as high as those without disabilities, and face additional barriers to accessing education and employment opportunities.

Additionally, the COVID-19 pandemic has highlighted the need for the ADA to address the unique challenges faced by individuals with disabilities in times of crisis. Individuals with disabilities may require additional accommodations and resources during emergencies, and the ADA may need to be amended to provide additional protections and support.

Resources for Understanding the ADA

There are several resources available for individuals with disabilities and businesses to better understand the ADA and their responsibilities under the law.

1. ADA National Network

The ADA National Network provides information, guidance, and technical assistance on the ADA. The network includes 10 regional centers and a national center, and provides training and resources for individuals with disabilities, businesses, and state and local governments.

2. Department of Justice ADA Homepage

The Department of Justice ADA Homepage provides information on the ADA, including regulations, enforcement activities, and guidance on compliance. The website also includes information on filing complaints and provides resources for individuals with disabilities and businesses.

3. Job Accommodation Network

The Job Accommodation Network (JAN) is a resource for employers and employees to provide information and guidance on workplace accommodations. JAN provides free, confidential consultations to help employers identify and implement accommodations for employees with disabilities.

4. National Council on Disability

The National Council on Disability is an independent federal agency that provides advice and recommendations to the president, Congress, and federal agencies on policies and programs that affect individuals with disabilities. The council conducts research, provides guidance on disability policy, and raises awareness on disability issues.

Conclusion

The Americans with Disabilities Act has been instrumental in improving the lives of individuals with disabilities, but there is still work to be done to ensure full compliance and inclusion. Individuals with disabilities continue to face challenges in accessing employment, education, and other opportunities, and businesses must work to ensure accessibility and accommodations for all individuals. By utilizing resources such as the ADA National Network and the Job Accommodation Network, businesses can ensure compliance with the law and ensure equal access for all.


What is the Americans with Disability Act of 1990?

The Americans with Disabilities Act of 1990 extended the provisions of the Civil Rights Act of 1964 to all persons with disabilities. It provides for the “reasonable accommodation” of individuals with disabilities and bans discrimination against these individuals by employers and business owners.

What constitutes a disability under the Americans with Disability Act?

Disabilities under the ADA must impair “major life activities” due to either physical or mental limitations. Therefore, impairments from asthma and cancer to the loss of a limb are considered disabilities under the Americans with Disability Act guidelines. Mental retardation and learning disabilities are considered mental impairments and are also considered disabilities. This does not include character flaws and personality traits such as an inability to work with others, poor time management or irresponsibility.

Drug addiction is also considered impairment but most provisions of the ADA will not apply to current users that the employer or business owner has a reasonable belief that there is an addiction and that it will be a problem in the present or near future.

An impairment implies that the limitation prevents the individual from functioning like a normal individual and is subject to reasonable limitations. The inability to stand for more than 30 minutes due to a leg injury is an impairment as most will be able to stand for much longer without trouble. A football kicker that cannot kick a football more than 50 yards is not impaired as most individuals cannot kick a football that far. That inability will however affect his job performance. Not all limitations experienced by employees are impairments.

Impairments can be temporary conditions and are also covered under the Americans with Disability Act of 1990.

Summary of the Americans with Disability Act of 1990

Title 1 – Employment

One of the key provisions of the Americans with Disability Act is the restrictions placed against discrimination in the workplace. Prior to this act, job applicants could be rejected on the sole basis of a disability and employees could be fired for developing a disability.

Under the Americans with Disability Act of 1990, employers must provide qualified employees and applicants with “reasonable accommodation” for employees with disabilities. They may not:

– Force disabled job applicants to take medical examinations prior to a job offer and may only require an examination if all applicants undergo the same confidential examination.

– Disqualify an applicant on the sole basis of disability

– Disqualify a employee for a promotion on the sole basis of disability

– Fail to provide an employee with adequate training that does not take his disability into account.

Almost all organizations that employ more than fifteen workers and engage in business across state lines are “covered entities” under the Americans with Disability Act of 1990. Interstate commerce falls under the jurisdiction of the federal government where the authority to enforce the ADA is derived.

A provision in Title 1 that allowed states to be sued for damages in disability discrimination cases was stuck down by the US Supreme Court in the case of Board of Trustees of the University of Alabama v. Garrett (see below)

Title 2 – Public Entities

The next provision of the Americans with Disability Act of 1990 bans discrimination of all persons with disabilities by “public entities” including public transportation. The Americans with Disability act defines a public entity as:

– Any State or local government

– Any department, agency, special purpose district, or other instrumentality of a State or local government

– Certain commuter authorities as well as AMTRAK.

More broadly, a public entity is an enterprise that is operated with public funds, receives significant assistance by the federal government or has management appointed by elected officials. Libraries, subsidized commuter rail and businesses on public land are examples of public entities that must abide by the provisions of Title 2.

Public-private partnerships such as museums must abide by both Title 2 and Title 3 (see below)

Title 3 – Public Accommodations and Commercial Facilities

The next provision of the Americans with Disability Act of 1990 bans discrimination by private entities against all persons with disabilities when they attempt to enjoy a public good or service that is normally available to the public. The provisions include ensuring that all establishments where compliance is “readily achievable” will rectify any issues with their facility. Any new construction must abide by the provisions set by the Americans with Disability Act guidelines.

Title 3 covers:

– Places of public accommodation

– Commercial facilities

– Examinations and courses related to applications, licensing, certification, or credentialing for secondary or postsecondary education, professional, or trade purposes.

The scope of enterprises covered by this provision is very broad and covers all establishments that lease, rent, provide services or sell goods. Additionally if the establishment is public gathering place, educational institution, park or lodging enterprise with more than six rooms, they must also follow reasonable accommodation rules. The provisions do not cover all establishments owned by an individual, only the ones that provide public accommodations.

Goods and services, such as swimming pools and meeting rooms in residential facilities are not places of public accommodation if they are closed to external membership or the general public. Therefore, these facilities do not need to comply with Americans with Disabilities Act under this specific guideline.
Many religious and private organizations are exempt from these provisions due to financial burdens or the level of public accommodations they provide, if any. Private organizations that lease or operate a space that provides public accommodations would have to abide by Title 2 and 3 provisions.

Title 4 – Telecommunications

The Americans with Disabilities Act also requires telecommunications companies to provide disability accommodations for the hearing impaired including relay services that provide for text-based phone calls.

Title 5 – Misc

The most important provision in Title 5 protects individuals from retaliation and coercion for exercising the rights granted by the Americans with Disability Act.

Opposition to the Americans with Disability Act

Private business owners and religious groups alike opposed the ADA for provisions that required the accommodation of individuals with disabilities at the expense of the establishment. These opponents charged that their legal liabilities had jumped significantly and represented an undue burden on small businesses. Provisions such as “readily achievable” modifications and “reasonable accommodation” ameliorated most of these concerns. Most churches were able to retain their status as non-provider of public accommodations, thus allowing them to remain outside of the enforcement of this law.

Critics also charged that the potential liabilities that arise from the ADA could lead employers to discriminate subtly against disabled job applicants owing to an increased risk of lawsuits by disabled employees that perceive that their needs are not adequately provided. The employer would rather search for a reason to not hire the disabled worker and face a potential lawsuit for non-compliance under the provisions of this law.

Important court cases related to the Americans with Disabilities Act

(2001) Board of Trustees of the University of Alabama v. Garrett

Two employees of the University of Alabama sued the organization for failing to provide reasonable accommodation and reassigning workers with disabilities. By the time this case arrived in the Supreme Court, a provision in Title 1 that allowed states to be sued for violation of the ADA was challenged. The challenge was upheld as a violation of the eleventh amendment that guarantees the sovereign immunity of states from litigation.

(2004) Barden v. Sacramento

The City of Sacramento was sued successfully for failing to provide sidewalks that were easily accessible for the impaired. Sidewalks were ruled public accommodations and municipalities were required to move sidewalk obstacles, ensure that there were “curb cuts” and maintained a reasonable slope and even level.

(2005) Spector v. Norwegian Cruise Lines

A foreign company was found to be in violation of Title III of the ADA for selling tickets that were marked as handicap friendly but failing to provide reasonable accommodation. The cruise ships were based in American waters, despite their foreign registry and were required to abide by American law in American waters.

(2006) National Federation of the Blind v. Target Corporation

This case related to the accessibility to the Target Corporation’s website for the vision impaired persons attempting to access it. Target argued that only their physical locations were bound by the ADA and not their website. The court disagreed and Target was forced to comply and pay the costs of the plaintiff’s fees as well as a class action settlement. Certain electronic retailers must now comply by standards to make their website accessible.

Source: ada.gov