Americans with Disabilities Act of 1990
Encyclopedia
The Americans with Disabilities Act of 1990 (ADA) is a law that was enacted by the U.S. Congress
in 1990. It was signed into law on July 26, 1990, by President George H. W. Bush
, and later amended with changes effective January 1, 2009.
The ADA is a wide-ranging civil rights
law that prohibits, under certain circumstances, discrimination
based on disability
. It affords similar protections against discrimination to Americans with disabilities
as the Civil Rights Act of 1964
, which made discrimination based on race, religion
, sex
, national origin, and other characteristics illegal. Disability is defined by the ADA as "a physical or mental impairment that substantially limits a major life activity." The determination of whether any particular condition is considered a disability is made on a case by case basis. Certain specific conditions are excluded as disabilities, such as current substance abuse and visual impairment which is correctable by prescription lenses.
The "original intent" of the law, as co-conceived by Lex Frieden and Mitchell J. Rappaport, was to create civil rights law protections for people with disabilities that would be permanent, would not be able to be reversed or weakened, and would prohibit all discrimination. It was also intended so that Americans with disabilities would be kept in the mainstream in terms of scientific and medical research and developments, especially opening future opportunities in Space exploration to them, as well as public policy changes, healthcare law and policy changes, and civil rights protections and public law changes for Americans with physical, mental and cognitive disabilities. It was intended to be a flexible set of laws that could only be strengthened, not weakened, by future case law.
On September 25, 2008, President George W. Bush
signed into law the ADA Amendments Act of 2008
(ADAAA). This was intended to give broader protections for disabled workers and "turn back the clock" on court rulings which Congress deemed too restrictive. The ADAAA includes a list of "major life activities."
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The ADA states that a covered entity shall not discriminate against a qualified individual with a disability. This applies to job application
procedures, hiring, advancement and discharge of employees, workers' compensation
, job training, and other terms, conditions, and privileges of employment. Covered entity can refer to an employment agency
, labor organization, or joint labor-management committee, and is generally an employer engaged in interstate commerce and having 15 or more workers. Discrimination may include, among other things, limiting or classifying a job applicant or employee in an adverse way, denying employment opportunities to people who truly qualify, or not making reasonable accommodations to the known physical or mental limitations of disabled employees, not advancing employees with disabilities in the business, and/or not providing needed accommodations in training. Employers can use medical entrance examinations for applicants, after making the job offer, only if all applicants (regardless of disability) must take it and it is treated as a confidential medical record
. Qualified individuals do not include any employee or applicant who is currently engaging in the illegal use of drugs when that usage is the basis for the employer's actions.
Part of Title I was found unconstitutional by the United States Supreme Court as it pertains to states in the case of Board of Trustees of the University of Alabama v. Garrett
as violating the sovereign immunity
rights of the several states as specified by the Eleventh Amendment to the United States Constitution
. The provision allowing private suits against states for money damages was invalidated.
Title II prohibits disability discrimination by all public entities at the local (i.e. school district, municipal, city, county) and state level. Public entities must comply with Title II regulations by the U.S. Department of Justice. These regulations cover access to all programs and services offered by the entity. Access includes physical access described in the ADA Standards for Accessible Design and programmatic access that might be obstructed by discriminatory policies or procedures of the entity.
Title II also applies to public transportation provided by public entities through regulations by the U.S. Department of Transportation. It includes the National Railroad Passenger Corporation
, along with all other commuter authorities. This section requires the provision of paratransit services by public entities that provide fixed route services.
Under Title III, no individual may be discriminated against on the basis of disability with regards to the full and equal enjoyment of the goods, services, facilities, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation. "Public accommodations" include most places of lodging (such as inns and hotels), recreation, transportation, education, and dining, along with stores, care providers, and places of public displays, among other things.
Under Title III of the ADA, all "new construction" (construction, modification or alterations) after the effective date of the ADA (approximately July 1992) must be fully compliant with the Americans With Disabilities Act Accessibility Guidelines (ADAAG) found in the Code of Federal Regulations
at 28 C.F.R., Part 36, Appendix "A."
Title III also has application to existing facilities. One of the definitions of "discrimination" under Title III of the ADA is a "failure to remove" architectural barriers in existing facilities. See . This means that even facilities that have not been modified or altered in any way after the ADA was passed still have obligations. The standard is whether "removing barriers" (typically defined as bringing a condition into compliance with the ADAAG) is "readily achievable," defined as "easily accomplished without much difficulty or expense."
The statutory definition of "readily achievable" calls for a balancing test
between the cost of the proposed "fix" and the wherewithal of the business and/or owners of the business. Thus, what might be "readily achievable" for a sophisticated and financially capable corporation might not be readily achievable for a small or local business.
There are exceptions to this title; many private clubs and religious organizations may not be bound by Title III. With regard to historic properties (those properties that are listed or that are eligible for listing in the National Register of Historic Places
, or properties designated as historic under State or local law), those facilities must still comply with the provisions of Title III of the ADA to the "maximum extent feasible" but if following the usual standards would "threaten to destroy the historic significance of a feature of the building" then alternative standards may be used. Nonetheless, as Frank Bowe
predicted when he testified as the lead witness on Title III in the Senate hearings leading up to enactment, the fact that Title III calls for accessibility in, and alterations to, thousands of stores, restaurants, hotels, etc., in thousands of communities across the U.S. means that this Title probably has had more effect on the lives of more Americans with disabilities than any other ADA title.
On September 15, 2010, the Department of Justice issued revised regulations for implementation of Titles II and III, effective March 15, 2011. The rules contain many new requirements for public accommodations, as well as an “element by element safe harbor.”
primarily by adding section . This section requires that all telecommunications companies in the U.S. take steps to ensure functionally equivalent services for consumers with disabilities, notably those who are deaf or hard of hearing and those with speech impairments. When Title IV took effect in the early 1990s, it led to installation of public Teletypewriter (TTY) machines and other TDDs (Telecommunications Device for the Deaf
). Title IV also led to creation, in all 50 States and the District of Columbia, of what were then called dual-party relay services and now are known as Telecommunications Relay Services (TRS), such as STS Relay
. Today, many TRS-mediated calls are made over the Internet by consumers who use broadband connections. Some are Video Relay Service
(VRS) calls, while others are text calls. In either variation, communication assistants translate between the signed/typed words of a consumer and the spoken words of others. In 2006, according to the Federal Communications Commission
(FCC), VRS calls averaged two million minutes a month.
Title V includes technical provisions. It discusses, for example, the fact that nothing in the ADA amends, overrides or cancels anything in Section 504. Additionally, Title V includes an anti retaliation or coercion provision. The Technical Assistance Manual for the ADA explains it: "III-3.6000 Retaliation or coercion. Individuals who exercise their rights under the ADA, or assist others in exercising their rights, are protected from retaliation. The prohibition against retaliation or coercion applies broadly to any individual or entity that seeks to prevent an individual from exercising his or her rights or to retaliate against him or her for having exercised those rights . . . Any form of retaliation or coercion, including threats, intimidation, or interference, is prohibited if it is intended to interfere.
(EEOC) was charged with interpreting the 1990 law with regard to discrimination in employment. Its regulations narrowed "substantially limits" to "significantly or severely restricts".
In 2008, effective January 1, 2009, the ADAAA broadened the interpretations and added to the ADA examples of "major life activities" including, but not limited to, "caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working" as well as the operation of several specified "major bodily functions." The Act overturns a 1999 U.S. Supreme Court case which held that an employee was not disabled if the impairment could be corrected by mitigating measures; it specifically provides that such impairment must be determined without considering such ameliorative measures. Another court restriction overturned is the interpretation that an impairment that substantially limits one major life activity must also limit others to be considered a disability.
The ADAAA will undoubtedly lead to broader coverage of impaired employees. The United States House Committee on Education and Labor states that the amendment "makes it absolutely clear that the ADA is intended to provide broad coverage to protect anyone who faces discrimination on the basis of disability". Required doctor visits are not to be held against anyone with a disability.
, and social justice
worked together to ensure its passage.
In addition to opposing the ADA on grounds of cost, church groups like the National Association of Evangelicals testified against the ADA’s Title I (employment) provisions on grounds of religious liberty. The NAE felt that the regulation of the internal employment of churches was "... an improper intrusion [of] the federal government."
said:
On the debate of what it means to be disabled, Joan Aleshire stated in the book Voices From the Edge:
About the importance of making employment opportunities inclusive, Shirley Davis, director of global diversity and inclusion at the Society for Human Resource Management
, said:
Even those who support the intent of the law worry that it might have unintended consequence
s. Among other arguments, supporters hypothesize that the Act creates additional legal risks for employers who then quietly avoid hiring people with disabilities to avoid this risk. And such researchers claim to have documented a sharp drop in employment among individuals with a disability after passage of the Act. Others believe that the law has been ineffectual.
, provides for monetary damages to private plaintiffs, persons with disabilities do not obtain direct financial benefits from suing businesses that violate the ADA.
Thus, "professional plaintiffs" are typically found in states that have enacted state laws that allow private individuals to win monetary awards from non-compliant businesses. At least one of these plaintiffs in California has been barred by courts from filing lawsuits unless he receives prior court permission. The attorneys' fees provision of Title III does provide incentive for lawyers to specialize and engage in serial ADA litigation, but a disabled plaintiff does not obtain financial reward from attorneys' fees unless they act as their own attorney, or as mentioned above, a disabled plaintiff resides in a state which provides for minimum compensation and court fees in lawsuits. Moreover, there may be a benefit to these "private attorneys general" who identify and compel the correction of illegal conditions: they may increase the number of public accommodations accessible to persons with disabilities. “Civil rights law depends heavily on private enforcement. Moreover, the inclusion of penalties and damages is the driving force that facilitates voluntary compliance with the ADA.” Courts have noted: “As a result, most ADA suits are brought by a small number of private plaintiffs who view themselves as champions of the disabled. For the ADA to yield its promise of equal access for the disabled, it may indeed be necessary and desirable for committed individuals to bring serial litigation advancing the time when public accommodations will be compliant with the ADA.”
, where entities may not have actual physical facilities that are required to comply.
National Federation of the Blind v. Target Corporation
This is a case where a major retailer, Target Corp., was sued because their web designers failed to design its website to enable persons with low or no vision to use it.
Board of Trustees of the University of Alabama v. Garrett
Board of Trustees of the University of Alabama v. Garrett, 531 U.S. 356 (2001), was a United States Supreme Court
case about Congress's
enforcement powers
under the Fourteenth Amendment
to the Constitution
. It decided that Title I of the Americans with Disabilities Act was unconstitutional insofar as it allowed states to be sued by private citizens for money damages.
Barden v. The City of Sacramento
Another example, filed in March 1999, claimed that the City of Sacramento failed to comply with the ADA when, while making public street improvements, it did not bring its sidewalks into compliance with the ADA. Certain issues were resolved in Federal Court. One issue, whether sidewalks were covered by the ADA, was appealed to the 9th Circuit Court of Appeals which ruled that sidewalks were a "program" under ADA and must be made accessible to persons with disabilities. The ruling was later appealed to the U.S. Supreme Court which refused to hear the case, letting stand the ruling of the 9th Circuit Court.
Spector v. Norwegian Cruise Line Ltd.
This was a case that was decided by the United States Supreme Court in 2005. The defendant argued that as a vessel flying the flag of a foreign nation was exempt from the requirements of the ADA. This argument was accepted by a federal court in Florida and, subsequently, the Fifth Circuit Court of Appeals. However, the U.S. Supreme Court reversed the ruling of the lower courts on the basis that Norwegian Cruise Lines was a business headquartered in the United States whose clients were predominantly Americans and, more importantly, operated out of port facilities throughout the United States.
Olmstead, Commissioner, Georgia Department of Human Resources, et al. v. L. C., by zimring, guardian ad litem and next friend, et al. (not to be confused with Olmstead v. United States
, 277 U.S. 438 (1928), a case regarding wiretapping)
This was a case before the United States Supreme Court in 1999. The two plaintiffs L.C. and E.W. were institutionalized in Georgia for diagnosed mental retardation and schizophrenia. Clinical assessments by the state determined that the plaintiffs could be appropriately treated in a community setting rather than the state institution. The plaintiffs sued the state of Georgia and the institution for being inappropriately treated and housed in the institutional setting rather than being treated in one of the state's community based treatment facilities.
The Supreme Court decided under Title II of the ADA that mental illness is a form of disability and therefore covered under the ADA, and that unjustified institutional isolation of a person with a disability is a form of discrimination because it "perpetuates unwarranted assumptions that persons so isolated are incapable or unworthy of participating in community life." The court added that "confinement in an institution severely diminishes the everyday life activities of individuals, including family relations, social contacts, work options, economic independence, educational advancement, and cultural enrichment."
Therefore, under Title II no person with a disability can be unjustly excluded from participation in or be denied the benefits of services, programs or activities of any public entity.
Michigan Paralyzed Veterans of America v. The University of Michigan
This was a case filed before The United States District Court for the Eastern District of Michigan Southern Division on behalf of the Michigan Paralyzed Veterans of America
against University of Michigan – Michigan Stadium claiming that Michigan Stadium
violated the Americans with Disabilities Act in its $226-million renovation by failing to add enough seats for disabled fans or accommodate the needs for disabled restrooms, concessions and parking. Additionally, the distribution of the accessible seating was at issue, with nearly all the seats being provided in the end-zone areas. The U.S. Department of Justice assisted in the suit filed by attorney Richard Bernstein of The Law Offices of Sam Bernstein
in Farmington Hills, Michigan, which was settled in March 2008. The settlement required the stadium to add 329 wheelchair seats throughout the stadium by 2010, and an additional 135 accessible seats in clubhouses to go along with the existing 88 wheelchair seats. This case was significant because it set a precedent for the uniform distribution of accessible seating and gave the DOJ the opportunity to clarify previously unclear rules. The agreement now is a blueprint for all stadiums and other public facilities regarding accessibility.
Paralyzed Veterans of America (or “PVA”) v. Ellerbe Becket Architects and Engineers
One of the first major ADA lawsuits, Paralyzed Veterans of America (or “PVA”) v. Ellerbe Becket Architects and Engineers, Inc., was focused on the wheelchair accessibility of a stadium project that was still in the design Phase, MCI Center in Washington, D.C. Previous to this case, which was filed only five years after the ADA was passed, the DOJ was unable or unwilling to provide clarification on the distribution requirements for accessible wheelchair locations in large assembly spaces. While Section 4.33.3 of ADAAG makes reference to lines of sight, no specific reference is made to seeing over standing patrons. The MCI Center, designed by Ellerbe Becket Architects & Engineers, was designed with too few wheelchair and companion seats, and the ones that were included did not provide sight lines that would enable the wheelchair user to view the playing area while the spectators in front of them were standing. This case and another related case established precedent on seat distribution and sight lines issues for ADA enforcement that continues to present day.
Toyota Motor Manufacturing, Kentucky, Inc. v. Williams
Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, 534 U.S. 184
(2002) was a case in which the Supreme Court interpreted the meaning of the phrase "substantially impairs" as used in the Americans with Disabilities Act. It reversed the decision by the Sixth Court of Appeals to grant a partial summary judgment
in favor of the respondent, Ella Williams that qualified her inability to perform manual job-related tasks as a disability. The Court held that the "major life activity" definition in evaluating the performance of manual tasks focuses the inquiry on whether Williams was unable to perform a range of tasks central to most people in carrying out the activities of daily living. The issue is not whether Williams was unable to perform her specific job tasks. Therefore, the determination of whether an impairment rises to the level of a disability is not limited to activities in the workplace solely, but rather to manual tasks in life in general. When the Supreme Court applied this standard, it found that the Court of Appeals had incorrectly determined the presence of a disability because it relied solely on her inability to perform specific manual work tasks which was insufficient in proving the presence of a disability. The Court of Appeals should have taken into account the evidence presented that Williams retained the ability to do personal tasks and household chores, such activities being the nature of tasks most people do in their daily lives, and placed too much emphasis on her job disability. Since the evidence showed that Williams was performing normal daily tasks, it ruled that the Court of Appeals erred when it found Williams to be disabled.
This ruling is now, however, no longer good law -- it was invalidated by the ADAAA. In fact, Congress explicitly cited Toyota v. Williams in the text of the ADAAA itself as one of its driving influences for passing the ADAAA.
Access Now v. Southwest Airlines
Access Now v. Southwest Airlines was a case where the District Court
decided that the website of Southwest Airlines
was not in violation of the Americans with Disability Act because the ADA is concerned with things with a physical existence and thus cannot be applied to cyberspace. Judge Patricia A. Seitz
found that the "virtual ticket counter" of the website was a virtual construct and hence not a "public place of accommodation." As such, "To expand the ADA to cover 'virtual' spaces would be to create new rights without well-defined standards."
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
in 1990. It was signed into law on July 26, 1990, by President George H. W. Bush
George H. W. Bush
George Herbert Walker Bush is an American politician who served as the 41st President of the United States . He had previously served as the 43rd Vice President of the United States , a congressman, an ambassador, and Director of Central Intelligence.Bush was born in Milton, Massachusetts, to...
, and later amended with changes effective January 1, 2009.
The ADA is a wide-ranging civil rights
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...
law that prohibits, under certain circumstances, discrimination
Discrimination
Discrimination is the prejudicial treatment of an individual based on their membership in a certain group or category. It involves the actual behaviors towards groups such as excluding or restricting members of one group from opportunities that are available to another group. The term began to be...
based on disability
Disability
A disability may be physical, cognitive, mental, sensory, emotional, developmental or some combination of these.Many people would rather be referred to as a person with a disability instead of handicapped...
. It affords similar protections against discrimination to Americans with disabilities
Americans with disabilities
Americans with disabilities comprise one of the largest minority groups in the United States. According to the Disability Status: 2000 - Census 2000 Brief approximately 20% of Americans have one or more diagnosed psychological or physical disability:...
as the Civil Rights Act of 1964
Civil Rights Act of 1964
The Civil Rights Act of 1964 was a landmark piece of legislation in the United States that outlawed major forms of discrimination against African Americans and women, including racial segregation...
, which made discrimination based on race, religion
Religion
Religion is a collection of cultural systems, belief systems, and worldviews that establishes symbols that relate humanity to spirituality and, sometimes, to moral values. Many religions have narratives, symbols, traditions and sacred histories that are intended to give meaning to life or to...
, sex
Gender
Gender is a range of characteristics used to distinguish between males and females, particularly in the cases of men and women and the masculine and feminine attributes assigned to them. Depending on the context, the discriminating characteristics vary from sex to social role to gender identity...
, national origin, and other characteristics illegal. Disability is defined by the ADA as "a physical or mental impairment that substantially limits a major life activity." The determination of whether any particular condition is considered a disability is made on a case by case basis. Certain specific conditions are excluded as disabilities, such as current substance abuse and visual impairment which is correctable by prescription lenses.
The "original intent" of the law, as co-conceived by Lex Frieden and Mitchell J. Rappaport, was to create civil rights law protections for people with disabilities that would be permanent, would not be able to be reversed or weakened, and would prohibit all discrimination. It was also intended so that Americans with disabilities would be kept in the mainstream in terms of scientific and medical research and developments, especially opening future opportunities in Space exploration to them, as well as public policy changes, healthcare law and policy changes, and civil rights protections and public law changes for Americans with physical, mental and cognitive disabilities. It was intended to be a flexible set of laws that could only be strengthened, not weakened, by future case law.
On September 25, 2008, President George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
signed into law the ADA Amendments Act of 2008
ADA Amendments Act of 2008
The ADA Amendments Act of 2008 is an Act of Congress, effective January 1, 2009, that amended the Americans with Disabilities Act of 1990 and other disability nondiscrimination laws at the Federal level of the United States. Passed on September 17, 2008, and signed into law by President George W...
(ADAAA). This was intended to give broader protections for disabled workers and "turn back the clock" on court rulings which Congress deemed too restrictive. The ADAAA includes a list of "major life activities."
Title I - Employment
- See .
Application for employment
An application for employment, job application, or application form is a form or collection of forms that an individual seeking employment, called an applicant, must fill out as part of the process of informing an employer of the applicant's availability and desire to be employed, and persuading...
procedures, hiring, advancement and discharge of employees, workers' compensation
Workers' compensation
Workers' compensation is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence...
, job training, and other terms, conditions, and privileges of employment. Covered entity can refer to an employment agency
Employment agency
An employment agency is an organization which matches employers to employees. In all developed countries there is a publicly funded employment agency and multiple private businesses which also act as employment agencies.-Public employment agencies:...
, labor organization, or joint labor-management committee, and is generally an employer engaged in interstate commerce and having 15 or more workers. Discrimination may include, among other things, limiting or classifying a job applicant or employee in an adverse way, denying employment opportunities to people who truly qualify, or not making reasonable accommodations to the known physical or mental limitations of disabled employees, not advancing employees with disabilities in the business, and/or not providing needed accommodations in training. Employers can use medical entrance examinations for applicants, after making the job offer, only if all applicants (regardless of disability) must take it and it is treated as a confidential medical record
Medical record
The terms medical record, health record, and medical chart are used somewhat interchangeably to describe the systematic documentation of a single patient's medical history and care across time within one particular health care provider's jurisdiction....
. Qualified individuals do not include any employee or applicant who is currently engaging in the illegal use of drugs when that usage is the basis for the employer's actions.
Part of Title I was found unconstitutional by the United States Supreme Court as it pertains to states in the case of Board of Trustees of the University of Alabama v. Garrett
Board of Trustees of the University of Alabama v. Garrett
Board of Trustees of the University of Alabama v. Garrett, 531 U.S. 356 , was a United States Supreme Court case about Congress's enforcement powers under the Fourteenth Amendment to the Constitution...
as violating the sovereign immunity
Sovereign immunity
Sovereign immunity, or crown immunity, is a legal doctrine by which the sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution....
rights of the several states as specified by the Eleventh Amendment to the United States Constitution
Eleventh Amendment to the United States Constitution
The Eleventh Amendment to the United States Constitution, which was passed by the Congress on March 4, 1794, and was ratified on February 7, 1795, deals with each state's sovereign immunity. This amendment was adopted in order to overrule the U.S. Supreme Court's decision in Chisholm v...
. The provision allowing private suits against states for money damages was invalidated.
Title II - Public Entities (and public transportation)
- See .
Title II also applies to public transportation provided by public entities through regulations by the U.S. Department of Transportation. It includes the National Railroad Passenger Corporation
Amtrak
The National Railroad Passenger Corporation, doing business as Amtrak , is a government-owned corporation that was organized on May 1, 1971, to provide intercity passenger train service in the United States. "Amtrak" is a portmanteau of the words "America" and "track". It is headquartered at Union...
, along with all other commuter authorities. This section requires the provision of paratransit services by public entities that provide fixed route services.
Title III - Public Accommodations (and Commercial Facilities)
- See .
Under Title III, no individual may be discriminated against on the basis of disability with regards to the full and equal enjoyment of the goods, services, facilities, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation. "Public accommodations" include most places of lodging (such as inns and hotels), recreation, transportation, education, and dining, along with stores, care providers, and places of public displays, among other things.
Under Title III of the ADA, all "new construction" (construction, modification or alterations) after the effective date of the ADA (approximately July 1992) must be fully compliant with the Americans With Disabilities Act Accessibility Guidelines (ADAAG) found in the Code of Federal Regulations
Code of Federal Regulations
The Code of Federal Regulations is the codification of the general and permanent rules and regulations published in the Federal Register by the executive departments and agencies of the Federal Government of the United States.The CFR is published by the Office of the Federal Register, an agency...
at 28 C.F.R., Part 36, Appendix "A."
Title III also has application to existing facilities. One of the definitions of "discrimination" under Title III of the ADA is a "failure to remove" architectural barriers in existing facilities. See . This means that even facilities that have not been modified or altered in any way after the ADA was passed still have obligations. The standard is whether "removing barriers" (typically defined as bringing a condition into compliance with the ADAAG) is "readily achievable," defined as "easily accomplished without much difficulty or expense."
The statutory definition of "readily achievable" calls for a balancing test
Balancing test
A balancing test is any judicial test in which the jurists weigh the importance of multiple factors in a legal case. Proponents of such tests argue that they allow a deeper consideration of complex issues than a bright line rule can allow...
between the cost of the proposed "fix" and the wherewithal of the business and/or owners of the business. Thus, what might be "readily achievable" for a sophisticated and financially capable corporation might not be readily achievable for a small or local business.
There are exceptions to this title; many private clubs and religious organizations may not be bound by Title III. With regard to historic properties (those properties that are listed or that are eligible for listing in the National Register of Historic Places
National Register of Historic Places
The National Register of Historic Places is the United States government's official list of districts, sites, buildings, structures, and objects deemed worthy of preservation...
, or properties designated as historic under State or local law), those facilities must still comply with the provisions of Title III of the ADA to the "maximum extent feasible" but if following the usual standards would "threaten to destroy the historic significance of a feature of the building" then alternative standards may be used. Nonetheless, as Frank Bowe
Frank Bowe
Frank G. Bowe was the Dr. Mervin Livingston Schloss Distinguished Professor for the Study of Disabilities at Hofstra University. As a disability rights activist, author, and teacher, he accomplished a series of firsts for individuals with disabilities.- "Father of Section 504" :Dr...
predicted when he testified as the lead witness on Title III in the Senate hearings leading up to enactment, the fact that Title III calls for accessibility in, and alterations to, thousands of stores, restaurants, hotels, etc., in thousands of communities across the U.S. means that this Title probably has had more effect on the lives of more Americans with disabilities than any other ADA title.
On September 15, 2010, the Department of Justice issued revised regulations for implementation of Titles II and III, effective March 15, 2011. The rules contain many new requirements for public accommodations, as well as an “element by element safe harbor.”
Title IV - Telecommunications
Title IV of the ADA amended the landmark Communications Act of 1934Communications Act of 1934
The Communications Act of 1934 is a United States federal law, enacted as Public Law Number 416, Act of June 19, 1934, ch. 652, 48 Stat. 1064, by the 73rd Congress, signed by President Franklin D. Roosevelt, codified as Chapter 5 of Title 47 of the United States Code, et seq. The Act replaced the...
primarily by adding section . This section requires that all telecommunications companies in the U.S. take steps to ensure functionally equivalent services for consumers with disabilities, notably those who are deaf or hard of hearing and those with speech impairments. When Title IV took effect in the early 1990s, it led to installation of public Teletypewriter (TTY) machines and other TDDs (Telecommunications Device for the Deaf
Telecommunications device for the deaf
A telecommunications device for the deaf is a teleprinter, an electronic device for text communication over a telephone line, that is designed for use by persons with hearing or speech difficulties...
). Title IV also led to creation, in all 50 States and the District of Columbia, of what were then called dual-party relay services and now are known as Telecommunications Relay Services (TRS), such as STS Relay
STS Relay
STS Relay is the Speech To Speech Relay Service available to any telephone callers or callees with speech disability and to those who wish to talk with them.-Telephone STS Relay in the US:...
. Today, many TRS-mediated calls are made over the Internet by consumers who use broadband connections. Some are Video Relay Service
Video Relay Service
A Video Relay Service , also sometimes known as a Video Interpreting Service, is a videotelecommunication service that allows deaf, hard-of-hearing and speech-impaired individuals to communicate over video telephones and similar technologies with hearing people in real-time, via a sign language...
(VRS) calls, while others are text calls. In either variation, communication assistants translate between the signed/typed words of a consumer and the spoken words of others. In 2006, according to the Federal Communications Commission
Federal Communications Commission
The Federal Communications Commission is an independent agency of the United States government, created, Congressional statute , and with the majority of its commissioners appointed by the current President. The FCC works towards six goals in the areas of broadband, competition, the spectrum, the...
(FCC), VRS calls averaged two million minutes a month.
Title V - Miscellaneous Provisions
- See .
Title V includes technical provisions. It discusses, for example, the fact that nothing in the ADA amends, overrides or cancels anything in Section 504. Additionally, Title V includes an anti retaliation or coercion provision. The Technical Assistance Manual for the ADA explains it: "III-3.6000 Retaliation or coercion. Individuals who exercise their rights under the ADA, or assist others in exercising their rights, are protected from retaliation. The prohibition against retaliation or coercion applies broadly to any individual or entity that seeks to prevent an individual from exercising his or her rights or to retaliate against him or her for having exercised those rights . . . Any form of retaliation or coercion, including threats, intimidation, or interference, is prohibited if it is intended to interfere.
Major life activities
The ADA defines a covered disability as "a physical or mental impairment that substantially limits a major life activity." The Equal Employment Opportunity CommissionEqual Employment Opportunity Commission
The U.S. Equal Employment Opportunity Commission is an independent federal law enforcement agency that enforces laws against workplace discrimination. The EEOC investigates discrimination complaints based on an individual's race, color, national origin, religion, sex, age, perceived intelligence,...
(EEOC) was charged with interpreting the 1990 law with regard to discrimination in employment. Its regulations narrowed "substantially limits" to "significantly or severely restricts".
In 2008, effective January 1, 2009, the ADAAA broadened the interpretations and added to the ADA examples of "major life activities" including, but not limited to, "caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working" as well as the operation of several specified "major bodily functions." The Act overturns a 1999 U.S. Supreme Court case which held that an employee was not disabled if the impairment could be corrected by mitigating measures; it specifically provides that such impairment must be determined without considering such ameliorative measures. Another court restriction overturned is the interpretation that an impairment that substantially limits one major life activity must also limit others to be considered a disability.
The ADAAA will undoubtedly lead to broader coverage of impaired employees. The United States House Committee on Education and Labor states that the amendment "makes it absolutely clear that the ADA is intended to provide broad coverage to protect anyone who faces discrimination on the basis of disability". Required doctor visits are not to be held against anyone with a disability.
Political pressure
The ADA (1990) is unusual because more than a hundred groups dedicated to disability rights, civil rightsCivil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...
, and social justice
Social justice
Social justice generally refers to the idea of creating a society or institution that is based on the principles of equality and solidarity, that understands and values human rights, and that recognizes the dignity of every human being. The term and modern concept of "social justice" was coined by...
worked together to ensure its passage.
Opposition from religious groups
The debate over the Americans with Disabilities Act led some religious groups to take opposite positions. Some religious groups, such as the Association of Christian Schools International, opposed the ADA in its original form. ACSI opposed the Act primarily because the ADA labeled religious institutions “public accommodations,” and thus would have required churches to make costly structural changes to ensure access for all. The cost argument advanced by ACSI and others prevailed in keeping religious institutions from being labeled as “public accommodations,” and thus churches were permitted to remain inaccessible if they choose.In addition to opposing the ADA on grounds of cost, church groups like the National Association of Evangelicals testified against the ADA’s Title I (employment) provisions on grounds of religious liberty. The NAE felt that the regulation of the internal employment of churches was "... an improper intrusion [of] the federal government."
Opposition from business interests
Many members of the business community opposed the passage of the Americans with Disabilities Act. Testifying before Congress, Greyhound Bus Lines stated that the Act had the potential to “deprive millions of people of affordable intercity public transportation and thousands of rural communities of their only link to the outside world.” The US Chamber of Commerce argued that the costs of the ADA would be “enormous” and have “a disastrous impact on many small businesses struggling to survive”. The National Federation of Independent Businesses, an organization that lobbies for small businesses, called the ADA “a disaster for small business.” Pro-business conservative commentators joined in opposition, writing that the Americans with Disabilities Act was “an expensive headache to millions” that would not necessarily improve the lives of people with disabilities.Quotations
On signing the measure, George H. W. BushGeorge H. W. Bush
George Herbert Walker Bush is an American politician who served as the 41st President of the United States . He had previously served as the 43rd Vice President of the United States , a congressman, an ambassador, and Director of Central Intelligence.Bush was born in Milton, Massachusetts, to...
said:
On the debate of what it means to be disabled, Joan Aleshire stated in the book Voices From the Edge:
About the importance of making employment opportunities inclusive, Shirley Davis, director of global diversity and inclusion at the Society for Human Resource Management
Society for Human Resource Management
The Society for Human Resource Management is a professional human resources association headquartered in Alexandria, Virginia. The largest such association in its field, SHRM promotes the role of HR as a profession and provides education, certification, and networking to its members while lobbying...
, said:
Employment
The ADA has been a frequent target of criticism. For example, a common claim is that individuals who are diagnosed with one of the so-called "lesser disabilities" are being "accommodated" when they should not be. On the other hand, court decisions have made necessary "an individualized assessment to prove that an impairment is protected under the ADA. Therefore, the plaintiff must offer evidence that the extent of the limitation caused by the impairment is substantial in terms of his or her own experience;" a medical diagnosis or physician's declaration of disability is no longer enough.Even those who support the intent of the law worry that it might have unintended consequence
Unintended consequence
In the social sciences, unintended consequences are outcomes that are not the outcomes intended by a purposeful action. The concept has long existed but was named and popularised in the 20th century by American sociologist Robert K. Merton...
s. Among other arguments, supporters hypothesize that the Act creates additional legal risks for employers who then quietly avoid hiring people with disabilities to avoid this risk. And such researchers claim to have documented a sharp drop in employment among individuals with a disability after passage of the Act. Others believe that the law has been ineffectual.
"Professional plaintiffs"
The ADA allows private plaintiffs to receive only injunctive relief (a court order requiring the public accommodation to remedy violations of the accessibility regulations) and attorneys' fees, and does not provide monetary rewards to private plaintiffs who sue non-compliant businesses. Unless a state law, such as the California Unruh Civil Rights ActUnruh Civil Rights Act
The Unruh Civil Rights Act is a piece of California legislation that specifically outlaws discrimination based on age, sex, race, color, religion, ancestry, national origin, disability, medical condition, marital status, or sexual orientation...
, provides for monetary damages to private plaintiffs, persons with disabilities do not obtain direct financial benefits from suing businesses that violate the ADA.
Thus, "professional plaintiffs" are typically found in states that have enacted state laws that allow private individuals to win monetary awards from non-compliant businesses. At least one of these plaintiffs in California has been barred by courts from filing lawsuits unless he receives prior court permission. The attorneys' fees provision of Title III does provide incentive for lawyers to specialize and engage in serial ADA litigation, but a disabled plaintiff does not obtain financial reward from attorneys' fees unless they act as their own attorney, or as mentioned above, a disabled plaintiff resides in a state which provides for minimum compensation and court fees in lawsuits. Moreover, there may be a benefit to these "private attorneys general" who identify and compel the correction of illegal conditions: they may increase the number of public accommodations accessible to persons with disabilities. “Civil rights law depends heavily on private enforcement. Moreover, the inclusion of penalties and damages is the driving force that facilitates voluntary compliance with the ADA.” Courts have noted: “As a result, most ADA suits are brought by a small number of private plaintiffs who view themselves as champions of the disabled. For the ADA to yield its promise of equal access for the disabled, it may indeed be necessary and desirable for committed individuals to bring serial litigation advancing the time when public accommodations will be compliant with the ADA.”
ADA case law
There have been some notable cases regarding the ADA. For example, two major hotel room marketers (Expedia.com and Hotels.com) with their business presence on the Internet were sued because its customers with disabilities could not reserve hotel rooms through their websites without substantial extra efforts that persons without disabilities were not required to perform. These represent a major potential expansion of the ADA in that this, and other similar suits (known as "bricks vs. clicks"), seeks to expand the ADA's authority to cyberspaceCyberspace
Cyberspace is the electronic medium of computer networks, in which online communication takes place.The term "cyberspace" was first used by the cyberpunk science fiction author William Gibson, though the concept was described somewhat earlier, for example in the Vernor Vinge short story "True...
, where entities may not have actual physical facilities that are required to comply.
National Federation of the Blind v. Target Corporation
National Federation of the Blind v. Target Corporation
National Federation of the Blind v. Target Corporation was a class action lawsuit in the United States that was filed on February 7, 2006 in California state court, and subsequently moved to federal court. The case challenged whether the limitations the Americans with Disabilities Act of 1990...
This is a case where a major retailer, Target Corp., was sued because their web designers failed to design its website to enable persons with low or no vision to use it.
Board of Trustees of the University of Alabama v. Garrett
Board of Trustees of the University of Alabama v. Garrett
Board of Trustees of the University of Alabama v. Garrett, 531 U.S. 356 , was a United States Supreme Court case about Congress's enforcement powers under the Fourteenth Amendment to the Constitution...
Board of Trustees of the University of Alabama v. Garrett, 531 U.S. 356 (2001), was a United States Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
case about Congress's
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
enforcement powers
Congressional power of enforcement
A Congressional power of enforcement is included in a number of amendments to the United States Constitution. The language "The Congress shall have power to enforce this article by appropriate legislation" is used, with slight variations, in Amendments XIII, XIV, XV, XVIII, XIX, XXIII, XXIV, and XXVI...
under the Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
to the Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
. It decided that Title I of the Americans with Disabilities Act was unconstitutional insofar as it allowed states to be sued by private citizens for money damages.
Barden v. The City of Sacramento
Another example, filed in March 1999, claimed that the City of Sacramento failed to comply with the ADA when, while making public street improvements, it did not bring its sidewalks into compliance with the ADA. Certain issues were resolved in Federal Court. One issue, whether sidewalks were covered by the ADA, was appealed to the 9th Circuit Court of Appeals which ruled that sidewalks were a "program" under ADA and must be made accessible to persons with disabilities. The ruling was later appealed to the U.S. Supreme Court which refused to hear the case, letting stand the ruling of the 9th Circuit Court.
Spector v. Norwegian Cruise Line Ltd.
Spector v. Norwegian Cruise Line Ltd.
Spector v. Norwegian Cruise Line Ltd., 545 U.S. 119 , was a United States Supreme Court decision that determined that the Americans with Disabilities Act applies to foreign cruise ships in American waters...
This was a case that was decided by the United States Supreme Court in 2005. The defendant argued that as a vessel flying the flag of a foreign nation was exempt from the requirements of the ADA. This argument was accepted by a federal court in Florida and, subsequently, the Fifth Circuit Court of Appeals. However, the U.S. Supreme Court reversed the ruling of the lower courts on the basis that Norwegian Cruise Lines was a business headquartered in the United States whose clients were predominantly Americans and, more importantly, operated out of port facilities throughout the United States.
Olmstead, Commissioner, Georgia Department of Human Resources, et al. v. L. C., by zimring, guardian ad litem and next friend, et al. (not to be confused with Olmstead v. United States
Olmstead v. United States
Olmstead v. United States, , was a decision of the Supreme Court of the United States, in which the Court reviewed whether the use of wiretapped private telephone conversations, obtained by federal agents without judicial approval and subsequently used as evidence, constituted a violation of the...
, 277 U.S. 438 (1928), a case regarding wiretapping)
This was a case before the United States Supreme Court in 1999. The two plaintiffs L.C. and E.W. were institutionalized in Georgia for diagnosed mental retardation and schizophrenia. Clinical assessments by the state determined that the plaintiffs could be appropriately treated in a community setting rather than the state institution. The plaintiffs sued the state of Georgia and the institution for being inappropriately treated and housed in the institutional setting rather than being treated in one of the state's community based treatment facilities.
The Supreme Court decided under Title II of the ADA that mental illness is a form of disability and therefore covered under the ADA, and that unjustified institutional isolation of a person with a disability is a form of discrimination because it "perpetuates unwarranted assumptions that persons so isolated are incapable or unworthy of participating in community life." The court added that "confinement in an institution severely diminishes the everyday life activities of individuals, including family relations, social contacts, work options, economic independence, educational advancement, and cultural enrichment."
Therefore, under Title II no person with a disability can be unjustly excluded from participation in or be denied the benefits of services, programs or activities of any public entity.
Michigan Paralyzed Veterans of America v. The University of Michigan
This was a case filed before The United States District Court for the Eastern District of Michigan Southern Division on behalf of the Michigan Paralyzed Veterans of America
Paralyzed Veterans of America
The Paralyzed Veterans of America is a veterans' service organization in the United States of America, founded in 1946. The organization holds 34 chapters and 61 National Service Offices in the United States...
against University of Michigan – Michigan Stadium claiming that Michigan Stadium
Michigan Stadium
Michigan Stadium, nicknamed "The Big House," is the football stadium for the University of Michigan in Ann Arbor, Michigan. Michigan Stadium was built in 1927 at a cost of $950,000 and had an original capacity of 72,000. Before playing football at the stadium, the Wolverines played on Ferry Field...
violated the Americans with Disabilities Act in its $226-million renovation by failing to add enough seats for disabled fans or accommodate the needs for disabled restrooms, concessions and parking. Additionally, the distribution of the accessible seating was at issue, with nearly all the seats being provided in the end-zone areas. The U.S. Department of Justice assisted in the suit filed by attorney Richard Bernstein of The Law Offices of Sam Bernstein
The Law Offices of Sam Bernstein
The Law Offices of Sam Bernstein, officially The Law Offices of Samuel I. Bernstein, is an American law firm, located in Farmington Hills, Michigan. The firm specializes in personal injury law. As of 2008, its main office employed approximately 50 employees....
in Farmington Hills, Michigan, which was settled in March 2008. The settlement required the stadium to add 329 wheelchair seats throughout the stadium by 2010, and an additional 135 accessible seats in clubhouses to go along with the existing 88 wheelchair seats. This case was significant because it set a precedent for the uniform distribution of accessible seating and gave the DOJ the opportunity to clarify previously unclear rules. The agreement now is a blueprint for all stadiums and other public facilities regarding accessibility.
Paralyzed Veterans of America (or “PVA”) v. Ellerbe Becket Architects and Engineers
One of the first major ADA lawsuits, Paralyzed Veterans of America (or “PVA”) v. Ellerbe Becket Architects and Engineers, Inc., was focused on the wheelchair accessibility of a stadium project that was still in the design Phase, MCI Center in Washington, D.C. Previous to this case, which was filed only five years after the ADA was passed, the DOJ was unable or unwilling to provide clarification on the distribution requirements for accessible wheelchair locations in large assembly spaces. While Section 4.33.3 of ADAAG makes reference to lines of sight, no specific reference is made to seeing over standing patrons. The MCI Center, designed by Ellerbe Becket Architects & Engineers, was designed with too few wheelchair and companion seats, and the ones that were included did not provide sight lines that would enable the wheelchair user to view the playing area while the spectators in front of them were standing. This case and another related case established precedent on seat distribution and sight lines issues for ADA enforcement that continues to present day.
Toyota Motor Manufacturing, Kentucky, Inc. v. Williams
Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, 534 U.S. 184
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(2002) was a case in which the Supreme Court interpreted the meaning of the phrase "substantially impairs" as used in the Americans with Disabilities Act. It reversed the decision by the Sixth Court of Appeals to grant a partial summary judgment
Summary judgment
In law, a summary judgment is a determination made by a court without a full trial. Such a judgment may be issued as to the merits of an entire case, or of specific issues in that case....
in favor of the respondent, Ella Williams that qualified her inability to perform manual job-related tasks as a disability. The Court held that the "major life activity" definition in evaluating the performance of manual tasks focuses the inquiry on whether Williams was unable to perform a range of tasks central to most people in carrying out the activities of daily living. The issue is not whether Williams was unable to perform her specific job tasks. Therefore, the determination of whether an impairment rises to the level of a disability is not limited to activities in the workplace solely, but rather to manual tasks in life in general. When the Supreme Court applied this standard, it found that the Court of Appeals had incorrectly determined the presence of a disability because it relied solely on her inability to perform specific manual work tasks which was insufficient in proving the presence of a disability. The Court of Appeals should have taken into account the evidence presented that Williams retained the ability to do personal tasks and household chores, such activities being the nature of tasks most people do in their daily lives, and placed too much emphasis on her job disability. Since the evidence showed that Williams was performing normal daily tasks, it ruled that the Court of Appeals erred when it found Williams to be disabled.
This ruling is now, however, no longer good law -- it was invalidated by the ADAAA. In fact, Congress explicitly cited Toyota v. Williams in the text of the ADAAA itself as one of its driving influences for passing the ADAAA.
Access Now v. Southwest Airlines
Access Now v. Southwest Airlines
Access Now, Inc. v. Southwest Airlines Co. was a decision of the United States District Court on 18 August 2002. It concerned the nature of Title III of Americans with Disabilities Act of 1990. The court determined that Southwest Airlines website is not a “place of public accommodation” as defined...
Access Now v. Southwest Airlines was a case where the District Court
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
decided that the website of Southwest Airlines
Southwest Airlines
Southwest Airlines Co. is an American low-cost airline based in Dallas, Texas. Southwest is the largest airline in the United States, based upon domestic passengers carried,...
was not in violation of the Americans with Disability Act because the ADA is concerned with things with a physical existence and thus cannot be applied to cyberspace. Judge Patricia A. Seitz
Patricia A. Seitz
Patricia Ann Seitz is an American lawyer and judge.Seitz was born in Washington, D.C., in 1946. Her father is Lieutenant General Richard J. Seitz, former commanding general of the 82nd Airborne Division and the XVIII Airborne Corps....
found that the "virtual ticket counter" of the website was a virtual construct and hence not a "public place of accommodation." As such, "To expand the ADA to cover 'virtual' spaces would be to create new rights without well-defined standards."
Resources
- Acemoglu, Daron & Angrist, Joshua D. (2001). Consequences of Employment Protection? The Case of the Americans with Disabilities Act. Journal of Political Economy, volume 109 (2001), pages 915–957.
- Bush, George H. W., Remarks of President George Bush at the Signing of the Americans with Disabilities Act. Available on-line at Equal Employment Opportunity Commission.
- DeLeire, Thomas. (Autumn, 2000). The Wage and Employment Effects of the Americans with Disabilities Act. Journal of Human Resources, Vol. 35, No. 4, pp. 693–715
- Fielder, J. F. Mental Disabilities and the Americans with Disabilities Act. Westport, CT: Quorum Books, 2004.
- Hamilton Krieger, Linda, ed., Backlash Against the ADA: Reinterpreting Disability Rights Ann Arbor: University of Michigan Press, 2003.
- Johnson, Mary. (2000). Make Them Go Away: Clint Eastwood, Christopher Reeve & The Case Against Disability Rights. Louisville, KY: The Advocado Press.
- Schall, Carol M. (Jun 1998). The Americans with Disabilities Act—Are We Keeping Our Promise? An Analysis of the Effect of the ADA on the Employment of Persons with Disabilities. Journal of Vocational Rehabilitation, v10 n3 p191-203.
- Schwochau, Susan & Blanck, Peter David. The Economics of the Americans with Disabilities Act, Part III: Does the ADA Disable the Disabled? BERKELEY JOURNAL OF EMPLOYMENT & LABOR LAW [Vol. 21:271]
- Switzer, Jacqueline Vaughn. Disabled Rights: American Disability Policy and the Fight for Equality. Washington, DC: Georgetown University Press, 2003...
- Weber, Mark C. Disability Harassment. New York, NY: NYU Press, 2007.
- O’Brien, Ruth, ed. Voices from the Edge: Narratives about the Americans with Disabilities Act. New York: Oxford, 2004. ISBN 0-19-51687-07
See also
- AccessibilityAccessibilityAccessibility is a general term used to describe the degree to which a product, device, service, or environment is available to as many people as possible. Accessibility can be viewed as the "ability to access" and benefit from some system or entity...
- Developmental disabilityDevelopmental disabilityDevelopmental disability is a term used in the United States and Canada to describe lifelong disabilities attributable to mental or physical impairments, manifested prior to age 18. It is not synonymous with "developmental delay" which is often a consequence of a temporary illness or trauma during...
- American Disability rights movement
- Casey MartinCasey MartinCasey Martin is a former American professional golfer and the current college golf coach of the University of Oregon.Martin was born in Eugene, Oregon and still resides there. He was educated at Stanford University, where he was initiated into the Sigma Chi fraternity and was briefly a teammate of...
- Job Accommodation NetworkJob Accommodation NetworkThe Job Accommodation Network is a service provided by the US Department of Labor's Office of Disability Employment Policy . JAN is one of several ODEP technical assistance centers...
— provides information about rights and responsibilities under the ADA and related legislation. - List of disability rights activists — includes a list of people who helped pass the ADA
- List of anti-discrimination acts
- Disability discrimination actDisability discrimination actIn the late 20th and early 21st centuries, a number of countries have passed laws aimed at reducing discrimination against people with disabilities. These laws have begun to appear as the notion of civil rights has become more influential globally, and follow other forms of anti-discrimination and...
- Title VII of the Civil Rights Act of 1964
- ADA Amendments Act of 2008ADA Amendments Act of 2008The ADA Amendments Act of 2008 is an Act of Congress, effective January 1, 2009, that amended the Americans with Disabilities Act of 1990 and other disability nondiscrimination laws at the Federal level of the United States. Passed on September 17, 2008, and signed into law by President George W...
- Disability discrimination act
- ADA Compliance KitADA Compliance KitADA Compliance Kits are put into hotels and hospitals to comply with the Americans with Disabilities Act. On average, over 25 million deaf and hard of hearing travelers will patronize the hotel and hospitality industry each year. In order to comply with the act, properties must provide these for...
- Individual rights advocateIndividual rights advocateAn Individual rights advocate is an advocate "to protect the legal and human rights of individuals with disabilities." United States law provides for advocates to protect the legal rights of persons with disabilities...
External links
- Compliance tool kits from the ADA
- Navigable text of the Americans with Disabilities Act of 1990 - 42 U.S. Code Chapter 126
- Searchable collection of over 7,000 Federal ADA documents
- Federally funded technical assistance network
- Overview of ADA, IDEA, and Section 504: Update 2001
- Overview of ADA, IDEA, and Section 504
- Employment of People with Disabilities
- Accessible Web Design
- Testing Students with Disabilities
- Congressional Research Service (CRS) Reports regarding the Americans with Disabilities Act
- Paratransit Watch - Accessible Public Transportation News, Issues, and Resources.
- U.S. Department of Justice. ADA Info
- Americans with Disabilities Act Amendment (ADAAA) Information Center. ADAAA Information for Employers
- ADA Amendment Information Resources
- SHRM's Disability Employment Resource Page
- Americans with Disabilities Act (ADA) - information