Disclaimer:
This is a brief overview which cannot possibly set forth everything
about the ADA and which, for purposes of brevity or as part of an effort
to state legal concepts simply and in plain English, may describe the
law in a manner which is not necessarily precise and/or accurate in
every respect.
Signed into law on July
26 1990, the Americans with Disabilities Act is a wide-ranging legislation
intended to make American Society more accessible to people with disabilities.
It is divided into five
titles:
1. Employment (Title
I) Business must provide reasonable accommodations to protect
the rights of individuals with disabilities in all aspects of employment.
Possible changes may include restructuring jobs, altering the layout
of workstations, or modifying equipment. Employment aspects may
include the application process, hiring, wages, benefits, and all
other aspects of employment. Medical examinations are highly regulated.
2. Public Services
(Title II) Public services, which include state and local government
instrumentalities, the National Railroad Passenger Corporation,
and other commuter authorities, cannot deny services to people with
disabilities participation in programs or activities which are available
to people without disabilities. In addition, public transportation
systems, such as public transit buses, must be accessible to individuals
with disabilities.
3. Public Accommodations
(Title III) All new construction and modifications must be accessible
to individuals with disabilities. For existing facilities, barriers
to services must be removed if readily achievable. Public accommodations
include facilities such as restaurants, hotels, grocery stores,
retail stores, etc., as well as privately owned transportation systems.
4. Telecommunications
(Title IV) Telecommunications companies offering telephone service
to the general public must have telephone relay service to individuals
who use telecommunication devices for the deaf (TTYs) or similar
devices.
5. Miscellaneous (Title
V) Includes a provision prohibiting either (a) coercing or threatening
or (b) retaliating against the disabled or those attempting to aid
people with disabilities in asserting their rights under the ADA.
The ADA's protection applies
primarily, but not exclusively, to "disabled" individuals.
An individual is "disabled" if he or she meets at least
any one of the following tests:
1. He or she has a physical
or mental impairment that substantially limits one or more of his/her
major life activities;
2. He or she has a record of such an impairment; or
3. He or she is regarded as having such an impairment.
Other individuals who are
protected in certain circumstances include 1) those, such as parents,
who have an association with an individual known to have a disability,
and 2) those who are coerced or subjected to retaliation for assisting
people with disabilities in asserting their rights under the ADA.
While the employment provisions
of the ADA apply to employers of fifteen employees or more, its public
accommodations provisions apply to all sizes of business, regardless
of number of employees. State and local governments are covered regardless
of size.
January 15, 1997