• ADA Complaince,  Disability Advocacy,  Inspiration

    What is The Americans with Disabilities Act of 1990?

    The Americans with Disability Act was passed in 1990 and is the USA’s first civil right law that addresses the welfare of people with disabilities. It mainly prohibits the discrimination of disabled people in public services, employment, public accommodations, and telecommunications.

    The enforcement authority for the Title I of the Act was given to the EEOC as well as the discrimination provisions. The US Congress provided or allowed the Title I a time period of two years to come into effect as the Commission needed extensive time to develop regulations and even get the technical assistance. Also, it needed a good amount of time to do a proper public education program on the brand-new disability law and even employees required some time to adjust to the new requirements.

    Comprehensive Law

    No doubt the ADA is one of the most comprehensive national disability laws. As per this law, it provides the right for any individual suffering from a disability to get reasonable and proper accommodations for working and participating in all aspects of society. In short, it avoids any kind of discrimination for individuals suffering from a disability.

    Sections In ADA

    The ADA has four major sections which are known as Titles. The Title I will cover details about employment, Title II covers about public transportation and entities, Title III will describe the details about commercial facilities and accommodations and Title IV will talk about telecommunication. Title V is about miscellaneous provisions.

    Another important thing to note down about is the significant civil rights decisions regarding people with disabilities was taken by the US Supreme Court which was the Olmstead decision. This was based on the Title II of the ADA.

    Title I – Employment

    In this, it helps people suffering from disabilities to gain access to the same kind of employment opportunities and benefits which are available to people without disabilities.
    Now, this applies to employers having 15 or more employees. As per this law, employers must provide good accommodation to the employees or qualified applicants. Here the reasonable accommodation refers to the change for accommodating employees suffering from disability so that they can do their job without causing any undue hardship to employers in terms of expenses and difficulty.

    Title II – Public Services: Local And State Government

    Here it prohibits discrimination based on disability by public entities. Examples of public entities are local and state government agencies. As per this law, public entities must ensure that their services, program, and activities are easily accessible by people suffering from disabilities.

    Some of the major outlines are the need for planning and self-evaluation, bringing a good amount of modifications to policies, procedures, and practices where one must avoid discrimination, finding out the architectural barriers, and communicating in an effective manner with people suffering from vision, hearing and speech disabilities.

    Title III – Public Accommodations And Services Operated By Private Entities

    As per this rule, it prohibits places related to public accommodation from discriminating against individuals suffering from disabilities. Here public accommodation refers to privately leased or owned as well as operated facilities like restaurants, hotels, doctor’s offices, retail merchants, private schools, daycare centers, movie theaters, stadium, etc.

    Also, this clearly states the minimum standards for accessibility as well as for alterations and newly constructed commercial facilities and privately-owned public accommodations too. Furthermore, it needs these public accommodations to get rid of the barriers present in the existing buildings where it is much easier to do and that too without a huge amount of difficulty or expenses.

    Direct businesses must take a good amount of reasonable modifications in their common way of doing things while serving people with disabilities. Also, it requires businesses to employ required steps for communicating effectively along with customers suffering from hearing, vision and speech disabilities.

    Title IV – Telecommunications

    Here it is necessary that the Internet and telephone companies should provide a nationwide system of intrastate and interstate telecommunications that is relaying on services which help individuals suffering from speech or hearing disabilities for communicating through telephone. In addition, it needs closed captioning of the federally funded public service announcements.

    Title V – Miscellaneous Provisions

    This contains various kinds of provisions that are related to the ADA as a whole. It includes the relationship with other laws, state immunity and the kind of impact it on the insurance provider and benefits, the illegal use of drugs, prohibition against coercion and retaliation, and attorney’s fees.

    There are other sectors where the disability rule is not applicable. Like the transportation sector which is provided by the local or state government, especially the ones covered under the Title II of the ADA. Also, the publicly funded transportation sector included the ones but not limited to the bus and passenger train service.

    If you want to know more, you could research online or even check out with the nearby government offices.