07/25/2022 – Celebrating the 32nd Anniv. of the Americans with Disabilities Act By- Kaylee McGrath
“The Americans with Disabilities Act “was signed into law by President George H. W. Bush on
July 26, 1990. It is a very important law that protects all persons with various disabilities. I mention this law often in my weekly articles because of its importance as well as the amendments to this law in 2008/2009.
What is the Difference Between the Americans with Disabilities Act and the Civil Rights Act of 1964?
• Title VII of the Civil Rights Act of 1964 (Title VII) prohibits discrimination based on race, color, sex, religion, or national origin
• The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability
What Does the ADA Protect?
• The ADA protects the rights and discrimination against all individuals within the general public/communities, workplace, schools, transportation, public accommodations, housing, communication, and access to state and local government programs and services
• The ADA gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion
The History Behind the Law:
The ADA story began a long time ago in cities and towns throughout the United States when people with disabilities began to challenge societal barriers that excluded them from their communities, and when parents of children with disabilities began to fight against the exclusion and segregation of their children.
The ADA is divided into five titles (or sections) that relate to different areas of public life.
• Title I (Employment) - Equal Employment Opportunity for Individuals with Disabilities
• Title II (State and Local Government) - Nondiscrimination on the Basis of Disability in State and Local Government Services
• Title III (Public Accommodations) - Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities
• Title IV (Telecommunications) - This title requires telephone and Internet companies to provide a nationwide system of interstate and intrastate telecommunications relay services that allows individuals with hearing and speech disabilities to communicate over the telephone. This title also requires closed captioning of federally funded public service announcements. This title is regulated by the Federal Communication Commission
• Title V (Miscellaneous Provisions) - The final title contains a variety of provisions relating to the ADA as a whole, including its relationship to other laws, state immunity, its impact on insurance providers and benefits, prohibition against retaliation and coercion, illegal use of drugs, and attorney’s fees. This title also provides a list of certain conditions that are not to be considered as disabilities
Helpful Information and Facts
What Disabilities are Covered and Not Covered by the Americans with Disabilities Act:
• An individual with epilepsy, paralysis, a substantial hearing or visual impairment, intellectual disability, cognitive impairment, mental illness, developmental, or a learning disability would be covered.
• Not covered are individuals with a minor, nonchronic condition of short duration, such as a sprain, infection, or broken limb, generally would not be covered.
Who does the American with Disabilities Act apply to?
• The ADA covers employers with fifteen (15) or more employees, including state and local governments. It also applies to employment agencies and to labor organizations
• The ADA's nondiscrimination standards also apply to federal sector employees under section 501 of the Rehabilitation Act, as amended, and its implementing rule
What Are Some Examples of Disability Discrimination?
Discriminating on the basis of physical or mental disability in various aspects of employment. It can also include: recruitment, firing, hiring, training, job assignments, promotions, pay, benefits, lay off, leave and all other employment-related activities
Source of Information: Various Google Searches
Until Next Week, Stay Safe and Well!