Americans with Disabilities Act of 1990
Introduction
The Americans with Disabilities Act of 1990 (ADA) is a landmark civil rights law in the United States that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public. The ADA aims to ensure that people with disabilities have the same rights and opportunities as everyone else. It is divided into five titles that address different areas of public life.
Background and Legislative History
The ADA was signed into law on July 26, 1990, by President George H. W. Bush. The act was the culmination of years of advocacy by disability rights activists who sought to eliminate the barriers that individuals with disabilities faced in society. Prior to the ADA, discrimination against people with disabilities was pervasive, affecting their ability to access employment, education, and public services.
The legislative journey of the ADA began in the 1980s, influenced by earlier laws such as the Rehabilitation Act of 1973, which prohibited discrimination on the basis of disability in federal programs and by federal contractors. The ADA expanded these protections to the private sector and state and local governments. Key figures in the development of the ADA included Senator Tom Harkin, Representative Tony Coelho, and disability rights activists like Justin Dart Jr.
Title I: Employment
Title I of the ADA addresses employment discrimination and requires employers with 15 or more employees to provide equal employment opportunities to qualified individuals with disabilities. This includes making reasonable accommodations to enable an employee with a disability to perform their job, unless doing so would cause undue hardship to the employer.
Reasonable accommodations may include modifications to the work environment, job restructuring, modified work schedules, and the provision of assistive technology. The Equal Employment Opportunity Commission (EEOC) is responsible for enforcing Title I and provides guidance on compliance.
Title II: Public Services
Title II prohibits discrimination against individuals with disabilities in all services, programs, and activities provided by state and local governments. This includes public transportation, which must be accessible to individuals with disabilities. Public entities are required to make their facilities accessible and to provide auxiliary aids and services to ensure effective communication.
The Department of Justice (DOJ) and the Department of Transportation (DOT) are responsible for enforcing Title II. The ADA mandates that new public transportation vehicles be accessible and requires transit authorities to provide paratransit services to individuals who cannot use regular public transportation.
Title III: Public Accommodations
Title III of the ADA prohibits discrimination in public accommodations, which include businesses and nonprofit organizations that serve the public, such as restaurants, hotels, theaters, and retail stores. These entities must comply with ADA standards for accessible design and remove barriers in existing facilities when it is readily achievable to do so.
The DOJ enforces Title III and provides technical assistance to help businesses comply with the law. The ADA Accessibility Guidelines (ADAAG) set forth the standards for accessible design, covering aspects such as entrances, restrooms, and signage.
Title IV: Telecommunications
Title IV requires telecommunications companies to provide relay services that allow individuals with hearing or speech disabilities to communicate over the telephone. The Federal Communications Commission (FCC) oversees the implementation of Title IV, ensuring that telecommunications relay services (TRS) are available nationwide.
TRS enables individuals with hearing or speech disabilities to use text telephones (TTYs) or other assistive devices to communicate with others. The ADA also mandates that all television public service announcements produced or funded by the federal government include closed captioning.
Title V: Miscellaneous Provisions
Title V contains various provisions that apply to the ADA as a whole, including rules about retaliation and coercion against individuals who assert their rights under the ADA. It also clarifies the relationship between the ADA and other laws, such as the Rehabilitation Act.
Title V includes a provision that allows individuals to file lawsuits to enforce their rights under the ADA. It also establishes the ADA National Network, which provides information, guidance, and training on the ADA to businesses, government agencies, and individuals.
Impact and Criticism
The ADA has had a significant impact on American society by increasing accessibility and promoting the inclusion of individuals with disabilities. It has led to widespread changes in the built environment, such as the installation of ramps, elevators, and accessible restrooms. The ADA has also raised awareness of disability rights and encouraged employers to adopt inclusive practices.
However, the ADA has faced criticism and challenges. Some businesses argue that compliance with the ADA can be costly and burdensome, particularly for small businesses. Others have raised concerns about the potential for abusive litigation, where individuals file lawsuits against businesses for minor or technical violations of the ADA.
Despite these challenges, the ADA remains a critical tool for advancing the rights of individuals with disabilities and promoting equal opportunity.
Amendments and Related Legislation
The ADA has been amended several times to strengthen its protections and clarify its provisions. The most significant amendment is the ADA Amendments Act of 2008 (ADAAA), which was enacted to address Supreme Court decisions that had narrowed the definition of disability. The ADAAA expanded the definition of disability and emphasized that the determination of whether an individual has a disability should not require extensive analysis.
Other related legislation includes the Individuals with Disabilities Education Act (IDEA), which ensures that children with disabilities receive a free and appropriate public education, and the Fair Housing Act, which prohibits discrimination in housing based on disability.