This law changed how we viewed the rights of all Americans with all types of disabilities and forced businesses, employers, organizations and even the government to recognize these rights. The ADA prohibits discrimination on the basis of disability in employment, state and local government, public accommodations, commercial facilities, transportation, and telecommunications. This also applies to the U.S. Congress.
To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a disability. An individual with a disability is defined by the ADA as “a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such impairment, or a person who is perceived by others as having such an impairment.” The ADA does not specifically name all of the impairments that are covered.
There are many different facets of the disability law. I’ll only mention a few of them in this article. Other areas will be discussed in later articles.
Title I of the Disability Act requires employers with 15 or more employees to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities available to others. For example, it prohibits discrimination in recruitment, hiring, promotions, training, pay, social activities and other privileges of employment. It restricts questions that can be asked about an applicant’s disability before a job offer is made, and it requires that employers make reasonable accommodation to the known physical or mental limitations of otherwise qualified individuals with disabilities, unless it results in undue hardship. Religious entities with 15 or more employees are covered under Title I. Studies have shown that most accommodations cost less than $100 to put in place.
Title II of the Disability Act covers all activities of state and local governments regardless of the government entity’s size or receipt of federal funding. Title II requires that state and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services and activities (for example public education, employment, transportation, recreation, health care, social services, courts, voting and town meetings).
State and local governments are also required to follow specific architectural standards in the new construction and alteration of their buildings. They also must relocate programs or otherwise provide access in inaccessible older buildings, and communicate effectively with people who have hearing, vision or speech disabilities.
Public entities are not required to take actions that would result in undue financial and administrative burdens. They are, however, required to make reasonable modifications to policies, practices and procedures where necessary to avoid discrimination, unless they can demonstrate that doing so would fundamentally alter the nature of the service, program or activity being provided.
For information on how to accommodate a specific individual with a disability, contact the Job Accommodation Network at 800-526-7234 (voice/TTY).
You can visit ada.gov for more information or to view the “Guide to Disability Rights Law.”
Pam Rasmussen is a resident of LaFayette, mother of a child with Spina Bifida and advocate for children and adults with disabilities. She can be contacted at firstname.lastname@example.org.