ADA
Americans with Disabilities Act (ADA)
The American with Disabilities Act (ADA) is the one most significant pieces of legislation enacted. For people with disabilities everywhere this was the equivalent of the Bill of Rights. ADA is the hope and promise that someday the world will be accessible to everyone. Because of its impact on the lives of everyone, everywhere and everyplace, the BWCIL is providing this overview. It is only intended as a simple description of the Americans with Disabilities Act (ADA) in plain English and not necessarily written to be a precise description of the law.
The Americans with Disabilities Act (ADA) was signed into law on July 6, 1990. In 2008 it was amended. On September 25, 2008, the ADA Amendments Act (ADAAA) was signed into law and became effective on January 1, 2009. *
The ADA is divided into 5 titles:
1. Employment (Title I)
Business must provide reasonable accommodations to protect the rights of individuals with disabilities in all aspects of employment. This may include changes such as restructuring jobs, redesigning or altering the layout of workstations, or modifying/adapting equipment. Employment aspects may include the application process, hiring, wages, benefits, and all other aspects of employment. Medical examinations are highly regulated.
Title I complaints must be filed with the U. S. Equal Employment Opportunity Commission (EEOC) within 180 days of the date of discrimination, or 300 days if the charge is filed with a designated state or local fair employment practice agency. Individuals may file a lawsuit in federal court only after they receive a "right-to-sue" letter from the EEOC.
2. Public Services (Title II)
Public transportation systems, such as public transit buses, must be accessible to individuals with disabilities. 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.
Complaints of Title II violations may be filed with the U.S. Department of Justice within 180 days of the date of discrimination. The Department may bring a lawsuit where it has investigated a matter and has been unable to resolve violations. Title II may also be enforced through private lawsuits in federal court. It is not necessary to file a complaint with the Department of Justice (DOJ) or any other federal agency, or to receive a "right-to-sue" letter, before going to court.
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.
Complaints of Title III violations may be filed with the Department of Justice. The Department is authorized to bring a lawsuit where there is a pattern or practice of discrimination in violation of Title III, or where an act of discrimination raises an issue of general public importance. Title III may also be enforced through private lawsuits. It is not necessary to file a complaint with the Department of Justice (or any Federal agency), or to receive a "right-to-sue" letter, before going to court.
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.
Defined as "disabled" if he or she meets at The ADA's protection applies primarily to "disabled" individuals. An individual is least any one of the following tests:
- He or she has a physical or mental impairment that substantially limits one or more of his/her major life activities;
- He or she has a record of such an impairment; or
- 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.
* The American with Disabilities Amendments Act (ADAAA)
The ADAAA focuses on the discrimination at issue instead of the individual's disability. It makes important changes to the definition of the term "disability" by rejecting the holdings in several Supreme Court decisions and portions of Equal Employment Opportunity Commission’s (EEOC) ADA regulations. The Act retains the ADA's basic definition of "disability" as an impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment. However, it changes the way that the statutory terms should be interpreted. Most significantly, the ADAAA:
- Directs EEOC to revise the portion of its regulations that defines the term "substantially limits".
- States that mitigating measures other than "ordinary eyeglasses or contact lenses" shall not be considered in assessing whether an individual has a disability.
- Clarifies that an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.
- Provides that an individual subjected to an action prohibited by the ADA (e.g., failure to hire) because of an actual or perceived impairment will meet the "regarded as" definition of disability, unless the impairment is transitory and minor.
- Provides that individuals covered only under the "regarded as" prong are not entitled to reasonable accommodation.
- Expands the definition of "major life activities" by including two non-exhaustive lists
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- The first list includes many activities that the EEOC has recognized (e.g., walking) as well as activities that EEOC has not specifically recognized (e.g., reading, bending, and communicating).
- The second list includes major bodily functions (e.g., "functions of the immune system, normal cell growth, digestive, bowel, bladder, respiratory, neurological, brain, circulatory, endocrine, and reproductive functions").
- Emphasizes that the definition of "disability" should be interpreted broadly.
Sources:
Job Accommodation Network (JAN)
EEOC Notice Concerning Americans with Disabilities Act Amendments Act of 2008
Websites:
ADA Amendments Act of 2008 Websites:
www.eeoc.gov/ada/amendments_notice.html
Please contact the BWCIL at (800) 527-2167 if you have questions or desire additional information.