Americans with Disabilities Act (ADA)
Overview
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 insure 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 that cover they are:
- Title I: Employment
- Title II: State & Local Governments
- Title III: Places of Public Accommodations
- Title IV: Telecommunications
- Title V: Miscellaneous Provisions
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)
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.
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.


