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What is
the Americans with Disabilities Act?
One important element within the disability
rights movement and a focus of the powerful
self-advocacy movement, is the assurance of
legal rights to inclusive communities, education
and employment. The most significant legislation
in this area was the Americans with Disabilities
Act of 1990 (ADA). It is the most comprehensive
law ever passed to protect the civil rights
of individuals with disabilities. It was signed
into law on July 26, 1990 by President George
Bush and guarantees those individuals equal
opportunity and access in the following areas:
- employment
- state and local government services
- public transportation
- privately operated transportation available
to the public
- places of public accommodation
- telecommunications services offered to
the public
For most intents and purposes, the ADA went
into effect on January 16, 1992. Title I of
the ADA covers employment and is enforced by
the U.S. Equal Employment Opportunity Commission.
The state and local government provisions of
Title II and the public accommodations provisions
of Title III are enforced by the U.S. Department
of Justice. The transportation provisions of
Titles II and III are enforced by the U.S. Department
of Transportation. Title IV, which covers telecommunications,
is enforced by the Federal Communications Commission.
Whom does
the ADA protect?
Some 54 million Americans have a disability
covered by the ADA, including people with cerebral
palsy, spinal cord injury, mental retardation,
blindness or vision impairment, hearing impairment,
epilepsy, autism, HIV infection and AIDS, diabetes,
multiple sclerosis, muscular dystrophy, emphysema,
cancer, dyslexia, organic brain disorder, cognitive
impairment and depression.
As defined by the Americans with Disabilities
Act, a disability is a physical or mental impairment
that substantially limits a major life activity,
such as walking, seeing, hearing, learning,
breathing, caring for oneself, or working. The
ADA protects three classes of people with disabilities:
- those who have a disability
- those who have a record of having a disability
- those who are regarded as having a disability,
whether or not they actually have one, if
their being perceived as having one results
in discrimination
The ADA also amends the Rehabilitation Act
of 1973 to clarify that the definition of an
individual with a disability does not include
anyone who is currently engaged in the illegal
use of drugs. However, people who have successfully
completed or who are currently enrolled in a
drug or alcohol rehabilitation program are defined
as disabled and are protected under the law.
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Whom
does the ADA affect and what must employers
do to comply?
The ADA affects any business or institution,
public or private, that employs people or offers
goods and services to the public. This means
that virtually every public or private entity
in the United States must make some accommodation
to the people with disabilities whom they serve
or employ.
To comply with the ADA, employers must provide
"reasonable accommodation" to their
employees who have disabilities. For example,
a wheelchair user may need to have a desk raised
onto blocks so that he or she can roll under
it. Or an individual with a sight impairment
may need a large-print computer monitor or a
voice-synthesized peripheral to work effectively.
Employers may not deny a job to a qualified
applicant with a disability solely on the basis
of the disability. They also may not require
an applicant to take a pre-employment medical
exam, nor may they inquire about or discuss
a prospective employee's disability in any manner
that has no bearing on the applicant's ability
to perform the job being offered.
For
More Information
Two outstanding sources of additional information
on the American with Disabilities Act include:
Eastern Paralyzed Veterans
Association (EPVA)
75-20 Astoria Boulevard
Jackson Heights, NY 11370-1177
Tel: (718) 803-EPVA
Fax: (718) 803-0414
e-mail: info@epva.org
Internet address: www.epva.org
EPVA publishes an excellent booklet called
"Understanding the ADA" from which
much of the preceding information was provided.
In addition, EPVA offers other publications
and videos related to individuals with disabilities.
United States Department
of Justice
The United States Department of Justice provides
a toll-free information line to answer questions
about Titles II and III of the Americans with
Disabilities Act. They may be contacted at:
Tel: 1-800-514-0301
TTD: 1-800-514-0383
Internet address: www.usdoj.gov/crt/ada/adahom1.htm
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