AMERICAN WITH DIS-ABILITY ACT

Leslie Jeong

Introduction

It was introduced in the Senate as S.933 By Tom Harkin (D) on May 9, 1989

Who it affects

People with Disability

What it says

Title 1 – Employment A covered entity shall not discriminate against a

qualified individual with a disability Job application procedures, hiring, advancement and

discharge of employees, workers’ compensation, job training, and other terms, conditions, and privileges of employment

Covered entity refers to employment agency, labor or-ganization, or joint labor-management committee; gen-erally it’s a employer engaged in interstate com-merce and having 15 or more workers.

Employers can use medical entrance exam for appli-cants after making the job offer.

A confidential medical record

What it says

Title 2 – Public Entities Title 2 prohibits disability discrimination by

all public entities at the local and state level

Public Entities must follow Title 2 regula-tion

It covers all programs and services offered by the entity Even public transportation provided by public

entities

What it says

Title 3 - Public Accommodations (and Commercial Facilities) No individual may be discriminated against on the

basis of disability with regards to the full and equal enjoyment of the goods, services, facilities, or ac-commodations of any place of public accommodation by its owners or operators

Title 4 – Telecommunications All telecommunications companies in the US

take steps to ensure functionally equivalent services for consumers with disabilities, notably those who are deaf or hard of hearing and those with speech impairments

What it says

Title 5 – Miscellaneous Provisions It includes technical provisions and an anti-

retaliation or coercion provision. Individuals who exercise their rights under

the ADA, assist others in exercising their rights, are protected from retaliation and coercion

It applies to any individual or entity that seeks to prevent an individual from exercis-ing his or her rights or to retaliate against him or her for having exercised those rights.

After introduction

Passed the Senate on Sep 7 Passed the House of Representatives on

May 22, 1990 Reported by the joint conference com-

mittee on July 12 Agreed to by the H of R on July 12 Agreed to by the Senate on July 13

Signed by President George H.W. Bush on July 26

Oppositions

Religious groups The Association of Christian Schools Interna-

tional opposed the Act primarily because the ADA labeled religious institutions “public accommoda-tions,” and thus would have required churches to make costly structural changes to ensure access for all

Business interests Greyhound Bus Lines stated that the Act had the

potential to deprive millions of people of affordable intercity public transportation and thousands of rural communities of their only link to the outside world.