The Americans with Disabilities Act (ADA): A Guide to Rights and Responsibilities

Introduction

The Americans with Disabilities Act (ADA) is a landmark civil rights law that prohibits discrimination against individuals with disabilities in employment, public accommodations, transportation, and telecommunications. The ADA was signed into law on July 26, 1990, and took effect on January 26, 1992.

Who is Covered by the ADA?

The ADA covers individuals with a disability, which is defined as a physical or mental impairment that substantially limits one or more major life activities. Major life activities include walking, seeing, hearing, speaking, breathing, learning, working, and caring for oneself.

What is Discrimination Under the ADA?

Discrimination under the ADA includes:

• Denying access to goods or services because of a disability
• Treating individuals with disabilities differently than other individuals
• Failing to provide reasonable accommodations for individuals with disabilities
• Harassing individuals with disabilities

Employment Provisions of the ADA

The ADA's employment provisions prohibit employers from discriminating against qualified individuals with disabilities in any aspect of employment, including:

• Hiring
• Firing
• Promoting
• Compensation
• Training
• Reasonable accommodations

Employers are required to make reasonable accommodations for employees with disabilities unless doing so would cause an undue hardship. Reasonable accommodations may include:

• Modifying job duties
• Providing assistive technology
• Adjusting work schedules
• Reassigning to a different position

Public Accommodations Provisions of the ADA

The ADA's public accommodations provisions prohibit discrimination against individuals with disabilities in places of public accommodation, such as:

• Restaurants
• Hotels
• Theaters
• Stores
• Other businesses

Places of public accommodation are required to provide reasonable accommodations for individuals with disabilities unless doing so would fundamentally alter the nature of the goods or services provided.

Transportation Provisions of the ADA

The ADA's transportation provisions prohibit discrimination against individuals with disabilities in transportation services, such as:

• Public transportation
• Airplanes
• Trains
• Buses
• Taxis

Transportation providers are required to provide reasonable accommodations for individuals with disabilities unless doing so would cause an undue hardship.

Telecommunications Provisions of the ADA

The ADA's telecommunications provisions require telecommunications providers to make their services accessible to individuals with disabilities. This includes providing:

• Closed captioning for television programs
• Audio descriptions for movies
• Telecommunications relay services for individuals with hearing or speech disabilities

Benefits of the ADA

The ADA has had a significant impact on the lives of individuals with disabilities. The Act has:

• Increased access to employment for individuals with disabilities
• Improved access to public accommodations for individuals with disabilities
• Improved access to transportation for individuals with disabilities
• Increased access to telecommunications for individuals with disabilities
• Reduced discrimination against individuals with disabilities

Conclusion

The ADA is a landmark civil rights law that has made a significant difference in the lives of individuals with disabilities. The Act prohibits discrimination against individuals with disabilities in employment, public accommodations, transportation, and telecommunications. The ADA has increased access to employment, public accommodations, transportation, and telecommunications for individuals with disabilities, and has reduced discrimination against individuals with disabilities.

Frequently Asked Questions (FAQs)

1. What is the definition of disability under the ADA?

Disability is defined as a physical or mental impairment that substantially limits one or more major life activities.

2. What are the five major categories of disability under the ADA?

The five major categories of disability under the ADA are:

• Sensory (e.g., blindness, deafness)
• Physical (e.g., mobility impairments, chronic illnesses)
• Intellectual (e.g., developmental disabilities, learning disabilities)
• Mental health (e.g., depression, anxiety)
• Neurological (e.g., epilepsy, traumatic brain injury)

3. What are reasonable accommodations?

Reasonable accommodations are modifications or adjustments to a job or environment that enable an individual with a disability to perform the essential functions of a job or to access goods or services.

4. What is undue hardship?

Undue hardship is a significant difficulty or expense that would be incurred by an employer or place of public accommodation in providing reasonable accommodations.

5. Is it illegal to ask an individual about their disability?

Yes, it is illegal to ask an individual about their disability unless the employer or place of public accommodation is using the information to provide reasonable accommodations.

6. How can I file a complaint under the ADA?

You can file a complaint under the ADA with the U.S. Department of Justice or with the Equal Employment Opportunity Commission (EEOC).

Tables

Table 1: Employment Provisions of the ADA

Table 2: Public Accommodations Provisions of the ADA

Table 3: Transportation Provisions of the ADA