The Americans with Disabilities Act (ADA) – A Guide for Businesses

The Americans with Disabilities Act (ADA) is a civil rights law 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 was signed into law by President George H.W. Bush on July 26, 1990. It was the culmination of a long and hard-fought campaign by disability rights advocates. The ADA was a major victory for the disability community, and it has had a profound impact on the lives of millions of people with disabilities.

The ADA has five titles, each of which addresses a different area of public life:

• Title I: Employment prohibits discrimination in all employment practices, including hiring, firing, promotions, training, and compensation.

• Title II: Public Services prohibits discrimination by state and local government agencies in the provision of public services, such as education, transportation, and housing.

• Title III: Public Accommodations prohibits discrimination by private businesses and nonprofit organisations that are open to the public, such as restaurants, hotels, and theatres.

• Title IV: Telecommunications prohibits discrimination in telecommunications services, such as telephones, internet, and cable television.

• Title V: Miscellaneous Provisions establishes enforcement mechanisms and sets deadlines for compliance with the ADA.

The ADA has been amended several times since it was first passed. The most recent amendment, the ADA Amendments Act of 2008, clarified the definition of disability and made it easier for people with disabilities to bring discrimination claims.

The ADA has had a significant impact on the lives of people with disabilities. It has opened up new opportunities for employment, education, and participation in civic life. The ADA has also helped to change public attitudes about disability, and it has made the world a more accessible place for everyone.

The disability rights protest of 1990 was a critical event in the passage of the ADA. On March 12, 1990, more than 1,000 people with disabilities, their allies, and supporters staged a "Capitol Crawl" on the steps of the United States Capitol. The protesters, many of whom were in wheelchairs, crawled up the steps to symbolise the barriers that people with disabilities face in their everyday lives. The Capitol

Crawl helped to raise awareness of the ADA and its importance, and it is credited with helping to push the law over the finish line.

The ADA is a landmark civil rights law that has made a real difference in the lives of millions of people with disabilities. It is a testament to the power of activism and the importance of fighting for equality and justice for all.

Key Provisions

Let’s take a closer look at each of the provisions of this law, to gain a better understanding.

• Title I: Employment prohibits discrimination in all employment practices, including hiring, firing, promotions, training, and compensation. This means that employers cannot discriminate against qualified individuals with disabilities because of their disability. Employers must make reasonable accommodations for the known disabilities of their employees, unless doing so would cause an undue hardship.

• Title II: Public Services prohibits discrimination by state and local government agencies in the provision of public services, such as education, transportation, and housing. This means that government agencies must make their programs, services, and activities accessible to people with disabilities. For example, government agencies must provide accessible transportation, accessible buildings, and accessible communication services.

• Title III: Public Accommodations prohibits discrimination by private businesses and nonprofit organisations that are open to the public, such as restaurants, hotels, and theatres. This means that private businesses and nonprofit organisations must make their facilities accessible to people with disabilities. For example, private businesses must provide wheelchair ramps, accessible parking, and accessible restrooms.

• Title IV: Telecommunications prohibits discrimination in telecommunications services, such as telephones, internet, and cable television. This means that telecommunications providers must provide accessible telecommunications services to people with disabilities. For example, telecommunications providers must provide closed captioning for television programs and relay services for people who are deaf or hard of hearing.

• Title V: Miscellaneous Provisions establishes enforcement mechanisms and sets deadlines for compliance with the ADA. This means that the EEOC is responsible for enforcing Title I of the ADA, the Department of Justice is responsible for enforcing Titles II and III of the ADA, and the FCC is responsible for enforcing Title IV of the ADA. The ADA also sets deadlines for compliance with its requirements.

The ADA is a complex law, and there are many specific requirements that businesses and other entities must meet. However, the key provisions of the ADA are clear: businesses and other entities must not discriminate against people with disabilities, and they must make their facilities and services accessible to people with disabilities.

If you believe that you have been discriminated against on the basis of your disability, you should contact the EEOC or the Department of Justice for more information about your rights.

Examples in Court

Let’s explore some examples of how the ADA has been applied in court cases:

Case: Sutton v. United Airlines, Inc. (1999)

• Facts: The plaintiff, Kimberly Sutton, was a flight attendant who was diagnosed with severe myopia. She was required to pass a vision test in order to keep her job, but she was unable to pass the test without wearing corrective lenses. She argued that the vision test violated the ADA because it excluded her from employment on the basis of her disability.

• Decision: The Supreme Court ruled in favour of Sutton, holding that the ADA does not prohibit employers from requiring employees to meet certain physical standards, even if those standards exclude people with disabilities. The Court reasoned that the ADA's goal is to ensure that people with disabilities have the opportunity to compete for jobs, not to guarantee that they will always be successful.

• Significance: The Sutton decision was a major victory for employers, but it also clarified the definition of disability under the ADA. The Court held that the ADA's definition of disability does not include people who are only disabled with the help of mitigating measures, such as corrective lenses. This means that employers are not required to make accommodations for people who can perform the essential functions of their job with the help of mitigating measures.

Case: Olmstead v. L.C. (1999)

• Facts: The plaintiff, Lois Curtis, was a woman with a severe mental disability who was living in a state mental institution. She argued that the state was violating her rights under the ADA by not providing her with services in the community, where she could live more independently.

• Decision: The Supreme Court ruled in favour of Curtis, holding that the ADA requires states to provide community-based services to people with disabilities, whenever doing so is appropriate and feasible. The Court reasoned that institutionalisation is a form of discrimination, and that people with disabilities have the right to live in the community, just like everyone else.

• Significance: The Olmstead decision was a landmark victory for the disability rights community. It established a new legal principle that states have a duty to provide community-based services to people with disabilities, whenever possible. This decision has had a major impact on the lives of people with disabilities, and it has led to the closure of many state mental institutions.

Case: PGA Tour, Inc. v. Casey Martin (2001)

• Facts: The plaintiff, Casey Martin, was a professional golfer with a degenerative circulatory disease in one leg. He requested to use a golf cart instead of walking in the third stage of a qualifying tournament for the PGA. The PGA refused his request, arguing that it would give him an unfair advantage over other golfers.

• Decision: The Supreme Court ruled in favour of Martin, holding that the ADA requires the PGA to allow him to use a golf cart. The Court reasoned that the ADA's goal is to ensure that people with disabilities have an equal opportunity to participate in activities of their choice, and that this includes the right to compete in professional golf.

• Significance: The PGA Tour decision was a major victory for people with disabilities in the sports world. It established the principle that the ADA requires businesses and organisations to make reasonable accommodations for people with disabilities, even if those accommodations give them an advantage over other people.

These are just a few examples of how the ADA has been applied in court cases. The ADA is a complex law, and there are many different ways that it can be interpreted. However, the cases above provide a good overview of how the ADA has been used to protect the rights of people with disabilities.

Business Impact of the Law

Here's how the ADA impacts businesses:

• The ADA prohibits businesses from discriminating against people with disabilities in employment, public accommodations, transportation, and telecommunications. This means that businesses cannot refuse to hire or fire someone because of their disability, and they must make reasonable accommodations for employees with disabilities. Businesses must also make their facilities accessible to people with disabilities, and they must provide accessible communication services.

• The ADA requires businesses to provide auxiliary aids and services to people with disabilities. This means that businesses must provide things like sign language interpreters, assistive listening devices, and large-print materials to people who need them.

• The ADA requires businesses to remove barriers in their facilities that are readily achievable. This means that businesses must make changes to their facilities that are not too difficult or expensive to do. For example, a business might need to add a ramp to its entrance or provide a braille menu.

• The ADA does not require businesses to make changes that would be an undue hardship. This means that businesses are not required to make changes that would be very expensive or disruptive to their business. For example, a small business might not be required to build a wheelchair ramp if it would be very expensive to do so.

The ADA can have a significant impact on businesses, but it's important to remember that the law is designed to help people with disabilities. By complying with the ADA, businesses can create a more inclusive environment for everyone.

Some examples of areas where businesses can comply with the ADA:

• Employment: Businesses can comply with the ADA by recruiting and hiring people with disabilities, providing reasonable accommodations to employees with disabilities, and not discriminating against employees with disabilities in any way.

• Public accommodations: Businesses can comply with the ADA by making their facilities accessible to people with disabilities, providing auxiliary aids and services to people with disabilities, and removing barriers in their facilities that are readily achievable.

• Transportation: Businesses can comply with the ADA by providing accessible transportation to people with disabilities, including wheelchair accessible vehicles, accessible seating, and accessible ramps.

• Telecommunications: Businesses can comply with the ADA by providing accessible telecommunications services to people with disabilities, including closed captioning, TTYs, and relay services.

If you are a business owner, it is important to understand the ADA and how it applies to your business. There are many resources available to help you comply with the ADA, including the Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ). You can also find information on the ADA website.

By complying with the ADA, businesses can create a more inclusive environment for everyone. This can lead to increased customer satisfaction, improved employee morale, and a stronger bottom line.

Additional Resources

• Equal Employment Opportunity Commission (EEOC)

• Department of Justice (DOJ)

• ADA website

• ADA technical assistance centres

• ADA resource directory

The EEOC and the DOJ are the two federal agencies responsible for enforcing the ADA. They have a number of resources available to help businesses comply with the ADA, including publications, training materials, and technical assistance.

The ADA website is a good place to start if you are looking for general information about the ADA. It includes the full text of the law, as well as information about the different titles of the ADA.

The ADA technical assistance centres are a good resource for specific information about how to comply with the ADA in different areas, such as employment, public accommodations, transportation, and telecommunications.

The ADA resource directory is a good place to find other resources about the ADA, such as publications, training materials, and technical assistance.

What Are Your Thoughts?

The ADA is a landmark civil rights law that has made a real difference in the lives of millions of people with disabilities. I encourage you to learn more about the law and how it can impact your business. You can also share your thoughts on the law by sharing a post to Instagram @industryleader.blog or X with the hashtag #theindustryleader, or by sharing a post to LinkedIn and tagging us @TheIndustryLeader.

Everything you need to know about the ADA

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