Americans with Disabilities Act

The Americans with Disabilities Act (ADA) was signed into law on July 26, 1990. The purpose of the Act is to:

· Provide clear and comprehensive national mandate to end discrimination against individuals with disabilities.

· Provide enforceable standards addressing discrimination against individuals with disabilities.

· Ensure that the federal government plays a central role in enforcing these standards on behalf of individuals with disabilities.

An individual is considered to have a "disability" if s/he has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such impairment. Individuals discriminated against because they have a known association or relationship with a with a disabled individual also are protected.

The first part of the definition makes clear that the ADA applies to persons who have impairments and that these must substantially limit major life activities such as seeing, hearing, speaking, walking, breathing, performing manual tasks, learning, caring for oneself, and working. An individual with epilepsy, paralysis, HIV infection, AIDS, a substantial hearing or visual impairment, mental retardation, or a specific learning disability is covered, but an individual with a minor, non-chronic condition of short duration, such as a sprain, broken limb, or the flu, generally would not be covered.

The second part of the definition protecting individuals with a record of a disability would cover, for example, a person who has recovered from cancer or mental illness.

The third part of the definition protects individuals who are regarded as having a substantially limiting impairment, even though they may not have such impairment. For example, this provision would protect a qualified individual with a severe facial disfigurement from being denied employment because an employer feared the "negative reactions" of customers or co-workers.

For more information, go to the Department of Justice (DOJ) website: http://www.usdoj.gov/crt/ada/q%26aeng02.htm

The ADA does not specifically name all of the impairments that are covered. This is the same definition used in Sections 503 and 504 of the Rehabilitation Act and the Fair Housing Amendments Act.

The ADA gives people with disabilities civil rights protection that is like that provided to individuals on the basis of race, sex, national origin and religion. It guarantees equal opportunity for individuals with disabilities in:

· employment

· public accommodations

· transportation

· state and local government services

· telecommunications

Title I: EMPLOYMENT

Employers with 15 or more employees are covered under the ADA.

Employers must reasonably accommodate the disabilities of qualified applicants or employees, unless an undue hardship would result.

Employers may reject applicants or fire employees who pose a direct threat to the health or safety of other individuals in the workplace.

Applicants and employees are not protected from personnel actions based on their current illegal use of drugs. Drug testing is not affected.

Employers may not discriminate against a qualified applicant or employee because of the known disability of an individual with whom the applicant or employee is known to have a relationship or association.

Title II: STATE AND LOCAL GOVERNMENT OPERATIONS

State and local governments may not discriminate against qualified individuals with disabilities. All government facilities, services, and communications must be accessible consistent with the requirements of Section 504 of the Rehabilitation Act of 1973.

Title III: PUBLIC ACCOMMODATIONS

· Public accommodations such as restaurants, hotels, theaters, doctors' offices, pharmacies, retail stores, museums, libraries, parks, private schools, and day care centers may not discriminate on the basis of disabilities, effective January 26, 1992.

· Reasonable changes in policies, practices, and procedures must be made to avoid discrimination.

· Auxiliary aids and services must be provided to individuals with vision or hearing impairments or other individuals with disabilities so that they can have an equal opportunity to participate or benefit, unless an undue burden would result.

· Physical barriers in existing facilities must be removed if removal is readily achievable (i.e. easily accomplished and able to be carried out without much difficulty or expense.) If not, alternative methods of providing the services must be offered, if those methods are readily achievable.

· All new construction in public accommodations as well as in "commercial facilities" such as office buildings must be accessible. If such facilities are located in multilevel buildings, accessible elevators are generally required to serve all floors. Exemptions may be granted under certain conditions outlined in ADA Access Design Standards and/or The Texas Accessibility Standards.

· Alterations must be accessible. When alterations to primary function areas are made, an accessible path of travel to the altered area (and the bathrooms, telephones, and drinking fountains serving that area) must be provided to the extent that added accessibility costs are not disproportionate to the overall cost of the alterations. Elevators are required as described above.

· Entities such as hotels that also offer transportation generally must provide equivalent transportation service to individuals with disabilities. New fixed- route vehicles ordered on or after August 26, 1990, and capable of carrying more than 16 passengers, must be accessible.

· Public accommodations may not discriminate against an individual or entity because of the known disability of an individual with whom the individual or entity is known to have a relationship or association.