Eleanor Finch
The Americans with Disabilities Act (ADA) is a civil rights law that prohibits discrimination against individuals with disabilities in several areas of public life, including employment, transportation, public accommodations, and access to state and local government programs. The ADA is divided into five titles that relate to different areas of public life. The act defines an individual with a disability as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person with a history of such impairment, or a person perceived by others as having such an impairment. While the ADA has been amended over the years to expand its scope, part of Title I was found to be unconstitutional by the United States Supreme Court as it pertains to states, citing sovereign immunity rights.
| Characteristics | Values |
|---|---|
| Year passed into law | 1990 |
| Type of law | Civil rights law |
| Prohibits discrimination against | Individuals with disabilities |
| Areas of discrimination prohibited | Employment, transportation, public accommodations, communications, state and local government programs and services |
| Extent of protection | People with disabilities must have the same rights and opportunities as everyone else |
| Extent of application | Employers with 15 or more employees, religious entities with 15 or more employees, state and local governments, their departments and agencies, special purpose districts of state or local governments, private entities that are considered places of public accommodation |
| Reasonable accommodation | Employers must provide reasonable accommodation to qualified applicants or employees, unless it results in undue hardship |
| Definition of disability | A physical or mental impairment that substantially limits one or more major life activities, a history or record of such an impairment, or being perceived by others as having such an impairment |
| Definition of major life activities | Includes but is not limited to "caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working" |
| Title I | Protects the rights of employees and job seekers, prohibits employers from asking certain questions about an applicant's disability before a job offer is made |
| Title II | Prohibits discrimination against qualified individuals with disabilities in all programs, activities, and services of public entities, clarifies the requirements of Section 504 of the Rehabilitation Act of 1973, establishes detailed standards for the operation of public transit systems |
| Title III | Prohibits private places of public accommodation from discriminating against individuals with disabilities, sets minimum standards for accessibility for alterations and new construction of facilities, requires public accommodations to remove barriers in existing buildings when it is easy to do so |
| Title IV | Regulated by the Federal Communications Commission (FCC), requires closed captioning of federally funded public service announcements, covers telephone and television access for people with hearing and speech disabilities, requires nationwide system of telecommunications relay services |
| Title V | N/A |
| Amendments | Americans with Disabilities Act Amendments Act (ADAAA) in 2008, added to the definition of "disability" and "major life activities" |
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What You'll Learn
The ADA's definition of disability
The Americans with Disabilities Act (ADA) is a federal civil rights law that prohibits discrimination against people with disabilities in everyday activities. The ADA became law in 1990 and is divided into five titles (or sections) that relate to different areas of public life.
In 2008, the Americans with Disabilities Act Amendments Act (ADAAA) was signed into law, making significant changes to the definition of "disability" that apply to all titles of the ADA.
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Employment and the ADA
The Americans with Disabilities Act (ADA) became law in 1990. It is a civil rights law that prohibits employers from discriminating against employees or applicants with disabilities in all aspects of employment, including recruitment, hiring, promotions, pay, social activities, training, firing, and more. It also restricts questions that can be asked about an applicant's disability before a job offer is made.
The ADA requires employers to provide reasonable accommodations to workers with disabilities, as long as it does not cause the employer undue hardship. The ADA defines what counts as a disability, who is protected by the law, when accommodations are required, and what constitutes an undue hardship. Private employers with at least 15 employees must follow the ADA, although many states have similar laws that may apply to smaller employers.
A qualified worker with a disability is someone capable of performing the essential duties of the job, with or without reasonable accommodation by the employer. The essential duties of the job refer to those tasks that are fundamental to the position. Ancillary or "filler" tasks do not count. Employers must provide reasonable accommodations to qualified applicants or employees, such as changing job tasks, providing reserved parking, improving accessibility in the workplace, allowing flexible work schedules, or providing an aid or service to increase access.
To request a reasonable accommodation, an employee must disclose their disability to their manager or human resources. This disclosure should be interactive, with participation from both the person with a disability and the employer, to determine an effective solution. The employer can then provide an overview of the accommodation process, and all participants must agree to maintain confidentiality.
The ADA also applies to workers with non-obvious disabilities, such as diabetes, depression, or post-traumatic stress disorder. These workers may be covered under the FMLA (Family and Medical Leave Act) or the ADA. Employers should work with employees to determine how their impairment impacts their job functions and what accommodations can be considered.
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Public accommodations
The Americans with Disabilities Act (ADA) is a civil rights law that prohibits discrimination against individuals with disabilities in several areas of public life. It became law in 1990 and was amended in 2008. The ADA is divided into five titles (or sections) that relate to different areas of public life.
In addition to physical accessibility, Title III also requires public accommodations to take steps to communicate effectively with customers with vision, hearing, or speech disabilities. This includes providing sign language interpreters or other auxiliary aids when needed for effective communication.
The ADA has been enforced through litigation, with many lawsuits brought by private plaintiffs who view themselves as champions of the disabled. One notable case is National Federation of the Blind v. Target Corp., where a major retailer was sued because their website was not accessible to individuals with low or no vision. Another case is Michigan Paralyzed Veterans of America v. The University of Michigan, which claimed that Michigan Stadium failed to provide enough seating and accommodations for disabled fans during a $226 million renovation.
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ADA and state and local governments
The Americans with Disabilities Act (ADA), which became law in 1990, is a civil rights law that prohibits discrimination against individuals with disabilities in many areas of public life, including jobs, schools, transportation, and public and private places open to the general public. The ADA gives civil rights protections to individuals with disabilities, guaranteeing equal opportunities in public accommodations, employment, transportation, state and local government services, and telecommunications.
To ensure equal access, state and local governments must make reasonable modifications to their policies, practices, and procedures. This includes providing effective communication for individuals with hearing, vision, or speech disabilities and allowing service animals to accompany their owners, even in "no pets" zones. When constructing or altering facilities, governments must follow the ADA Standards for Accessible Design to make them accessible to individuals with disabilities.
Public entities with 50 or more employees are required to have a grievance procedure and designate an ADA Coordinator to oversee compliance, investigate complaints, and serve as a point of contact for individuals with disabilities. Comprehensive staff training is also crucial to ensure successful ADA implementation.
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ADA litigation
The Americans with Disabilities Act (ADA) is a federal civil rights law enacted in 1990 to prohibit discrimination against individuals with disabilities in public life. The ADA gives civil rights protections to individuals with disabilities in areas such as employment, transportation, and public accommodations. Despite the noble intentions of the ADA, many organizations fall short of compliance. Litigation is often the last resort for individuals seeking to enforce their rights under the ADA.
The plaintiff in an ADA lawsuit must prove standing, jurisdiction, and that the defendant broke the laws cited in the complaint. ADA lawsuits do not always result in hefty settlements, but the financial impact can still be significant, with settlements ranging from a few thousand dollars to six figures or more. The average settlement in digital ADA cases falls between $5,000 and $50,000, but some cases have reached six figures or more, particularly for larger companies and cases involving repeat violations or employment discrimination.
Litigation is a crucial tool for driving change and ensuring that businesses take the needs of their disabled customers and potential customers seriously. It highlights the gaps in compliance and sends a clear message that accessibility is a legal and moral imperative. Without litigation, businesses may ignore their obligations under the ADA.
The Department of Justice enforces the ADA through lawsuits and settlement agreements to achieve greater access, inclusion, and equal opportunity for people with disabilities. For example, the Justice Department has issued statements and letters reminding colleges and universities to ensure that their online services are accessible to people with disabilities and explaining how the ADA's equal opportunity and reasonable modification requirements apply in the voting context.
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Frequently asked questions
The ADA is a civil rights law that became effective in 1990. It prohibits discrimination against individuals with disabilities in public life, including jobs, schools, transportation, and public and private places.
The ADA ensures that people with disabilities have the same rights and opportunities as everyone else. It provides civil rights protections similar to those provided on the basis of race, colour, sex, national origin, age, and religion.
The ADA defines an individual with a disability as a person who has a physical or mental impairment that substantially limits one or more major life activities. This includes people with a history of such impairment or those perceived by others as having an impairment. The ADAAA added examples of "major life activities" such as seeing, hearing, eating, sleeping, and more.
The ADA is divided into five titles covering different areas of public life. Title I prohibits discrimination in employment practices and requires reasonable accommodations for qualified individuals with disabilities. Title II prohibits discrimination in all programs, activities, and services of public entities, including state and local governments. Title III covers private entities that are places of public accommodation, setting minimum standards for accessibility. Title IV requires closed captioning of federally funded public service announcements and telephone and television access for people with hearing and speech disabilities. Title V is not mentioned in the sources provided.
Yes, in the case of Board of Trustees of the University of Alabama v. Garrett, the United States Supreme Court ruled that Title I of the ADA was unconstitutional insofar as it allowed private citizens to sue states for money damages, violating the sovereign immunity rights of states.
