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What is the Americans with Disabilities Act (ADA)?

On July 26, 1990, President George H.W. Bush signed into law the Americans with Disabilities Act of 1990 (ADA)—the world's first comprehensive civil rights law for people with disabilities. The Act prohibits discrimination against individuals with disabilities in employment (Title I), public services (Title II), public accommodations (Title III) and telecommunications (Title IV). The ADA has been described as the Emancipation Proclamation for the disability community.

The Americans with Disabilities Act: An Overview

What is the Americans with Disabilities Act of 1990?

The Americans with Disabilities Act of 1990 (ADA) is a civil rights law that protects individuals with disabilities from discrimination in employment, education, and other public settings. The ADA is an unfunded mandate (i.e., there is no funding provided for services or accommodations).

Who is eligible under the ADA?

The ADA definition of disability is the same as the Rehabilitation Act definition. Under the ADA, and individual is considered to have a disability if s/he:

• has a physical or mental impairment which substantially limits one or more major life activities,
• has a record of such an impairment, or
• is regarded as having such an impairment.

ADA and the workplace

The ADA prohibits discrimination against "qualified individuals with disabilities" who can perform the “essential functions” of a job with or without “reasonable accommodations.” The ADA covers all employment practices, including recruitment, application, hiring, firing, advancement, compensation and training. A "qualified individual with a disability" is an applicant or employee who meets all required skills, experiences, education and other requirements of a position.

An employer may not ask about a disability, with one exception. If an employer has affirmative action requirements as part of a federal contract, an applicant may be asked to "self-identify." However, the employer must keep all information regarding disabilities in a separate, confidential file separate from general personnel files.

If an employee requires accommodations in order to perform a job, he or she must disclose information about their disability and the need for specific accommodations to the employer. Even after disclosure, an employer is not required to make an accommodation that would prove an "undue hardship."

The safeguards regarding discrimination against individuals with disabilities are under the same procedures applicable to race, color, sex, national origin and religious discrimination under the Civil Rights Acts of 1964 and 1991. Complaints against employers who violate the ADA should be filed with Equal Employment Opportunity Commission or the designated state human rights agencies.

ADA and school

The ADA mandates that reasonable accommodations be provided to eligible students. In other words, a school is required to provide a student with a disability with those accommodations that help him or her learn most effectively. The requirements of the ADA for schools, is similar to the expectations set in Section 504 of the Rehabilitation Act of 1973.

Unlike Section 504 and IDEA, ADA does not make schools responsible for the free and appropriate education of all children. However, the protections that are guaranteed by the ADA apply to public and private schools equally. These protections do not extend to organizations controlled by religious groups.

Adapted from: National Center for Learning Disabilities

For the full text of the ADA, please see http://www.eeoc.gov/ada/adatext.html