Jonah Patel
The Americans with Disabilities Act (ADA) defines an individual with a disability as someone with a physical or mental impairment that significantly limits one or more major life activities. This includes people with a history of such impairments, or those regarded as having an impairment. The ADA protects individuals with disabilities from discrimination in employment, housing, transportation, and other areas of life. It also prohibits retaliation against those who assert their rights under the ADA and makes it unlawful to discriminate based on an individual's association with a person with a disability. The ADA's definition of disability is a legal term and differs from medical definitions used in other laws.
| Characteristics | Values |
|---|---|
| Definition of disability | A person with a physical or mental impairment that substantially limits one or more major life activities. |
| Discrimination | It is illegal to discriminate against someone because of their disability. |
| Employment | Employers with 15 or more employees must provide equal opportunities to individuals with disabilities. |
| Retaliation | It is unlawful for an employer to retaliate against an employee for asserting their rights under the ADA. |
| Accommodation | Employers must make reasonable accommodations for individuals with known physical or mental limitations. |
| Transportation | Public transportation services must comply with accessibility requirements and may not discriminate against people with disabilities. |
| Federal agencies | The Rehabilitation Act prohibits discrimination on the basis of disability in programs conducted by Federal agencies. |
| Housing | The ADA covers certain types of housing, while the Fair Housing Act applies to a wider range of housing, including some covered by the ADA. |
| Drug use | Individuals currently using drugs illegally are not protected by the ADA and may be denied employment or fired. |
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What You'll Learn
Physical or mental impairment
The Americans with Disabilities Act (ADA) defines a person with a disability as someone with a physical or mental impairment that "substantially limits one or more major life activities". This includes people with a history of such an impairment, even if they are not currently disabled, and those regarded as having a disability. The term "substantially limits" is interpreted broadly and is not meant to be a demanding standard.
A substantial impairment significantly restricts or limits major life activities such as hearing, seeing, speaking, breathing, performing manual tasks, walking, caring for oneself, learning, or working. It is important to note that not every condition will meet this standard. For example, a mild allergy to pollen would not be considered substantially limiting.
The ADA also prohibits discrimination against individuals with disabilities in various areas of life. This includes employment, public transportation, and housing. In the context of employment, the ADA requires employers to provide reasonable accommodations to qualified individuals with disabilities. This could include providing a sign language interpreter for a deaf or hard-of-hearing applicant during a job interview. Additionally, employers cannot ask applicants about their disability or require medical examinations before offering a job.
The ADA also covers public transportation services, requiring them to comply with accessibility requirements and provide paratransit services for individuals who cannot use regular transit due to physical or mental impairments. In terms of housing, the ADA applies to certain types of housing, such as public universities and public housing programs, while the Fair Housing Act covers a broader range of housing, including privately owned residences.
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Major life activities
According to the Americans with Disabilities Act (ADA), a person with a disability is defined as someone with a physical or mental impairment that "substantially limits one or more major life activities". This includes people who have a history of such an impairment, even if they are not currently impaired, and those regarded as impaired by others. The term "substantially limits" is interpreted broadly and is not meant to be a demanding standard.
The ADA also covers transportation services, such as city buses and public rail transit. Transportation providers may not discriminate against people with disabilities and must comply with accessibility requirements.
The ADA prohibits employers from discriminating against qualified individuals with disabilities in recruitment, hiring, promotions, training, pay, and other privileges of employment. Employers must also make reasonable accommodations to the known physical or mental limitations of otherwise qualified individuals with disabilities.
It is important to note that the ADA's definition of disability is a legal term and is different from how disability is defined under other laws, such as for Social Security Disability-related benefits.
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Discrimination in employment
The ADA also prohibits employers from retaliating against applicants or employees for asserting their rights under the Act. Additionally, it is unlawful for employers to discriminate against an applicant or employee because of their relationship or association with an individual with a disability.
To be protected under the ADA, an individual must be qualified to perform the essential functions of the job, with or without reasonable accommodation. The ADA does not require employers to hire an applicant with a disability over other applicants, but it does prohibit refusing to hire a qualified applicant with a disability or because reasonable accommodations are needed. An employer may refuse to hire an individual if they pose a direct threat to health or safety, which must be based on objective, factual evidence.
The ADA does not cover individuals who are currently using drugs illegally, and employers may deny employment or take adverse action based on such use.
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Transportation provisions
The Americans with Disabilities Act (ADA) prohibits discrimination based on disability in transportation services. This applies to both public and private ground transportation providers, including city buses, public rail transit, and taxi services.
Public Transportation Services
Public transportation services, such as city buses and public rail transit, are covered under Title II of the ADA. Public transportation authorities must comply with accessibility requirements for newly purchased vehicles and make good-faith efforts to purchase or lease accessible used buses. They must also remanufacture buses to be accessible and provide paratransit services where they operate fixed-route bus or rail systems. Paratransit is a service for individuals who cannot use the regular transit system due to a physical or mental impairment.
Private Transportation Services
Private transportation providers, such as taxi services, are covered under Title III of the ADA. They cannot discriminate against individuals with disabilities by refusing service, refusing to assist with mobility devices, or charging higher fares. Transit facilities, rail stations, and platforms must meet accessibility standards established by the U.S. Department of Transportation (DOT).
Air Transportation
The Air Carrier Access Act prohibits discrimination in air transportation by domestic and foreign air carriers against individuals with physical or mental impairments. It applies to carriers that provide regularly scheduled services for hire to the public and addresses issues such as boarding assistance and accessibility features in aircraft and airport facilities.
Wheelchair and Mobility Aid Accommodations
The ADA defines a wheelchair as a mobility aid with three or four wheels, usable indoors, and designed for individuals with mobility impairments. Transportation providers must accommodate individuals using wheelchairs and other mobility aids, such as scooters, by providing lifts or ramps that meet specific design load and size requirements. Service animals, as defined by the U.S. DOT, must also be allowed to accompany individuals with disabilities.
Complaint Procedures
Individuals who believe they have experienced disability discrimination in transportation services can file administrative complaints with the Federal Transit Administration's Office of Civil Rights within 180 days of the alleged act. Complaints about disability discrimination during air travel can be filed with the Department of Transportation's Office of Aviation Consumer Protection.
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Housing discrimination
The Americans with Disabilities Act (ADA) is a federal civil rights law that prohibits discrimination against people with disabilities in many areas of public life, including employment, state and local government, public accommodations, commercial facilities, transportation, and telecommunications. The ADA defines a person with a disability as someone with a physical or mental impairment that substantially limits one or more major life activities, such as walking, speaking, hearing, seeing, breathing, working, learning, performing manual tasks, and caring for oneself.
While the ADA covers certain types of housing, such as housing at universities and public housing programs, the primary legislation addressing housing discrimination is the Fair Housing Act (FHA). The FHA prohibits discrimination in housing transactions on the basis of disability, race, colour, religion, sex, familial status, and national origin. This includes private housing, housing that receives federal financial assistance, and state and local government housing. It is unlawful to discriminate in the sale, rental, and financing of dwellings or to deny housing to a buyer or renter because of their disability or the disability of an individual associated with them.
The FHA also prohibits municipalities and other local government entities from making zoning or land use decisions that discriminate against individuals with disabilities. For example, it is unlawful to utilise land use policies that treat groups of persons with disabilities less favourably than non-disabled groups or to deny a permit for a home because of the disability of its residents. The FHA requires housing providers to make reasonable accommodations to allow individuals with disabilities to equally enjoy their dwellings and to permit residents to make reasonable modifications at their own expense.
Reasonable accommodations may include granting requests for assigned accessible parking spaces near the entrance to a resident's unit or allowing a tenant with a mental disability to submit rent payments by mail if they are unable to leave their unit. However, requests that would require a fundamental alteration in the nature of the provider's operations, such as providing transportation and shopping services, may not be considered reasonable accommodations.
In addition to the FHA, Section 504 of the Rehabilitation Act of 1973 prohibits discrimination against people with disabilities in programs that receive federal financial assistance. Housing providers that receive such assistance are required to provide reasonable accommodations and, when reasonable, finance modifications for applicants or residents with disabilities.
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Frequently asked questions
The ADA defines a person with a disability as someone with a physical or mental impairment that substantially limits one or more major life activities. This includes people with a history of such an impairment and those regarded as having an impairment.
A substantial impairment is one that significantly limits or restricts a major life activity, such as hearing, seeing, speaking, breathing, performing manual tasks, walking, caring for oneself, learning, or working.
The ADA prohibits discrimination against individuals with disabilities. It also prohibits retaliation against those who assert their rights under the ADA.
Under the ADA, public transportation services cannot discriminate against people with disabilities and must comply with accessibility requirements. Employers with 15 or more employees must provide qualified individuals with disabilities equal employment opportunities and make reasonable accommodations.
