Americans with Disabilities Act Overview
Overview of The Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA), which was signed into law on July 26, 1990, is a comprehensive legislation intended to make the American Society more accessible to people with disabilities. In 2015, the Americans with Disabilities Act celebrated 25 years of removing barriers and empowering people with disabilities (ADA).
As noted by ADA Network, the ADA is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including schools, public housing, jobs, transportation, and all public and private places that are open to the general public. The purpose of the law is to ensure people with disabilities have the same opportunities and rights as everyone else. The ADA is divided into five titles (or sections) that relate to different areas of public life.
Title I (Employment)
Equal Employment Opportunity for Individuals with Disabilities
Businesses must provide reasonable accommodations to qualified applicants or employees to protect the rights of individuals with disabilities in all phases of employment. As noted by ADA Network, a “reasonable accommodation” is a change that accommodates employees with disability without causing the employer “undue hardship” (too much difficulty or expense). Possible changes may include restructuring jobs, alternating the layout of workstations, or modifying equipment. Employment aspects may include the application process, hiring, wages, benefits, and many more
Further, Title I defines disability, establish guidelines for the reasonable accommodation process, and address medical examinations and inquiries. In addition, employers with 15 or more employees must comply with this law. This area of the law is enforced and regulated by the U.S. Equal Employment Opportunity Commission.
Title II (State and Local Government)
Nondiscrimination on the Basis of Disability in State and Local Government Services
This area discusses the “public entities” can not discriminate on the basis of disability. Public entities are services, programs and activities that are operated by the local and state governments. The public entity must make sure its programs, services and activities are accessible to individuals with disabilities. This area is enforced and regulated by the U.S. Department of Justice that ensures that the administrative processes are followed, which include requirements for making reasonable modifications to practices, policies and procedures when necessary to avoid discrimination.
Title III (Public Accommodations)
Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities
This area focuses on private places of public accommodation can not discriminate against individuals with disabilities. As noted by ADA Network, this title sets the minimum standards for accessibility for alterations and new construction of facilities to ensure people with disabilities can access. Further, this title requires public accommodations to remove barriers in existing buildings where it is easy to do so without much difficulty or expense. This title is regulated and enforced by the U.S. Department of Justice.
Title IV (Telecommunications)
This area requires Internet and telephone companies provide a nationwide system of interstate and intrastate telecommunications relay services that allows individuals with hearing and speech disabilities to communicate over the telephone. This title also requires closed captioning of federally funded public service announcements. This title is regulated by the Federal Communication Commission (ADA Network).
Title V (Miscellaneous Provisions)
The final title contains a variety of provisions relating to the ADA as a whole, including its relationship to other laws, state immunity, its impact on insurance providers and benefits. Further, this area outlines guidelines to prohibits coercing or threatening or retaliating against the disabled or those attempting to aid people with disabilities in asserting their rights under Americans with Disabilities Act.
The protection of Americans with Disabilities Act extends, but not limited to individuals who are disabled. You are considered disabled if you meet any of the following:
- You have a physical or mental impairment that considerably limits one or more of your major life activities
- You have a record of such an impairment
- You are regarded as having such impairment
- Other individuals who are also protected in certain circumstances include those, such as parents, who have an association with individuals with disability
- Those who are coerced to retaliation for assisting people with disabilities in asserting their rights under Americans with Disabilities Act.
People with disabilities should not be discriminated and denied access to the things that individuals (without disabilities) can easily get hold of, such as employment, transportation, public accommodations, public services, and telecommunications.
Barriers to have access to these areas have imposed astounding economic and social costs on American Society and have destabilized the well-intentioned efforts to educate, rehabilitate, and employ individuals with disabilities. Now that many barriers have been broken down, many are able to benefit from the skills and talents of those with disabilities, which has allowed all of us to lead more fuller and more productive lives.
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Sources
ADA: http://www.ada.gov/
ADA network: https://adata.org/learn-about-ada
