The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities and guarantees that they have equal opportunity to participate in mainstream American life. Passed in 1990, this federal law made it illegal to discriminate against a disabled person in terms of employment opportunities, access to transportation, public accommodations, communications, and government activities. Show
The ADA prohibits private employers, state and local governments, employment agencies, and labor unions from discriminating against those who have disabilities. Under the ADA, employers are also required to make reasonable accommodations for an employee with a disability to perform their job function. Key Takeaways
Understanding the Americans with Disabilities ActTo be covered by the ADA, a person must have a physical or mental impairment that substantially limits one or more major life activities. Three major sections comprise the primary protections introduced by the ADA. Title I of the law prohibits discrimination against qualified individuals with disabilities during job application procedures, hiring, firing, the pursuit of career advancement, compensation, job training, and other aspects of employment. It holds authority over employers who have 15 or more employees. Title II applies to state and local government entities. This part of the law further extends the protection from discrimination to qualified individuals with disabilities. It requires that these individuals have reasonable access to services, programs, and activities provided by the government. Title III prohibits discrimination against people with disabilities regarding access to activities at public venues. This includes businesses that are generally open to the public, such as restaurants, schools, day care facilities, movie theaters, recreation facilities, and doctors’ offices. The law also requires newly constructed, rebuilt, or refurbished places of public accommodation to comply with ADA standards. In addition, Title III applies to commercial facilities that include privately owned, nonresidential facilities such as factories, warehouses, or office buildings. Different government agencies play a role in enforcing the ADA. For example, the Equal Employment Opportunity Commission (EEOC) enforces Title I. The Department of Labor enforces state and local government services under Title II and public accommodations under Title III. The Americans with Disabilities Act Amendments Act of 2008 allowed for a broader legal definition of “disability.” It made it easier for people seeking protection under the ADA to establish that they have a disability. Before the amendment, people with disabilities including cancer, diabetes, epilepsy, attention deficit hyperactivity disorder (ADHD), and learning disabilities could be excluded from ADA coverage. How the Americans with Disabilities Act Increased AccessibilityThe ADA established standards for accessible design for public accommodations that include creating automatic doorways, ramps, and elevators to accommodate wheelchairs. Water fountains must be made available at heights that individuals with disabilities can reach. Some examples of accommodations in the workplace include supplying a hearing-impaired applicant with a sign language interpreter during a job interview, modifying a work schedule to meet the needs of a person who needs treatment, or restructuring an existing facility to make it readily accessible to people with disabilities. An employer is not required by the ADA to make reasonable accommodations if doing so presents an undue hardship for the business and requires significant expenses compared with the size of the company. Title IV of the ADA requires telephone companies to provide telephone relay services, or similar devices, for the hearing- and speech-impaired. Although there is no regulation requiring ADA compliance by websites and online platforms, accessibility for internet users has become an issue of increasing importance. Best practices are increasingly prescribed to promote website accessibility. The Americans with Disabilities Act (ADA) is the most comprehensive federal civil rights statute protecting the rights of people with disabilities. It affects access to employment; state and local government programs and services; access to places of public accommodation such as businesses, transportation, and nonprofit service providers; and telecommunications. Definition of DisabilityThe ADA protects the civil rights of individuals who (1) have a physical or mental impairment that substantially limits one or more major life activities, (2) have a record of such an impairment, or (3) are regarded as having such an impairment. Major life activities include walking, seeing, hearing, speaking, breathing, learning, working, caring for oneself, and performing manual tasks. The Americans with Disabilities Act Amendments Act of 2008 clarified that the definition of disability was meant to be interpreted broadly and expanded the list of life activities to include reading, concentrating, standing, lifting, bending and others. The amendments also made it clear that the term “substantially limits” must be interpreted broadly. Disabilities such as depression, diabetes, asthma or anxiety, or digestive disorders with symptoms that are episodic or in remission must be considered as if they are active. They must also be considered even if a person uses “mitigating measures,” such as medication or assistive technology, that lessen the impact of a person’s disability. Title I: EmploymentWhat are civil rights protections for people with disabilities in employment under the ADA and what is required from employers? Title I of the ADA applies to employers with 15 or more employees. 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. It also requires that employers provide “reasonable accommodations” to the known physical or mental limitations of otherwise qualified individuals with disabilities, unless it results in undue hardship. What is a “reasonable accommodation?” “Reasonable accommodations” are any modification to a job or the work environment that will enable a qualified applicant or employee with a disability to participate in the application process or to perform essential job functions. Examples of job accommodations include reassigning nonessential job responsibilities, changing the layout of workstations, or modifying equipment. Although more than half of all accommodations cost nothing, tax incentives are available to help employers implement workplace accommodations. What are the limits of ADA in employment? It is important for youth and families to understand that while the ADA protects employees from being discriminated against on the basis of disability, it does not require employers to hire an applicant with a disability if there is another applicant who is more qualified or just as qualified. Nor does the ADA protect employees with disabilities from being fired or laid off. As long as a dismissal is not based on an employee’s disability, employers are not violating the ADA Title II: Access to Public Services and ProgramsEnsures people with disabilities have access to broad areas of civic life Title II of the ADA ensures that people with disabilities have equal access to civic life. This includes all state and local government programs; activities of state legislatures and courts; town meetings; police and fire departments; motor vehicle licensing bureaus; civic centers; state and local parks; community education and recreation programs; and employment. Title III: Access to Places of Public Accommodations and ServicesEnsures that people with disabilities have access to public accommodations without discrimination in private businesses and nonprofit organizations offering goods and services to the public. Title III of the ADA covers public accommodations—private businesses and nonprofit organizations that offer goods or services to the public. Examples of places of public accommodations and services include restaurants, retail stores, movie theaters, private schools, doctors' offices, fitness clubs, privately operated transportation, and courses and examinations related to professional and educational certifications. Requires accessibility in public accommodations Public accommodations must comply with basic nondiscrimination requirements that prohibit the exclusion, segregation, and unequal treatment of people with disabilities. They also must comply with accessibility requirements for new and altered buildings and remove barriers in existing buildings where it is easy to do so without much difficulty or expense. Modifications to policies procedures and practices. Places of public accommodations must make reasonable modifications to policies, practices, and procedures and provide effective communication to people with hearing, vision, or speech disabilities. What is the main goal of the Americans with Disabilities Act of 1990?The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities in several areas, including employment, transportation, public accommodations, communications and access to state and local government' programs and services.
Who is protected by the Americans with Disabilities Act quizlet?An individual who has physical or mental impairments that significantly limits one or more major life activity and has a RECORD of such an impairment.
What was the 1990 Americans with Disabilities Act quizlet?The ADA law prohibits an employer from discriminating, with respect to any employment decision, against: "An individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires."
What effect did the Americans with Disabilities Act ADA of 1990 have?The ADA prohibits discrimination and ensures equal opportunity for persons with disabilities in employment. It also ensured disabled people have equal access to government services, public accommodations, commercial facilities, and transportation.
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