It is with great pleasure that this week I have the opportunity to write about a very important law that was passed by President George H. W. Bush on July 26, 1990 “The Americans with Disabilities Act”.
The Americans with Disabilities Act of 1990 (or ADA) is a civil rights law that prohibits discrimination based on disability. Often in my weekly articles, I mention the Americans with Disabilities Act (ADA) and its importance to not only all Americans that are disabled but also their families who are care givers to their children, spouses, relatives, or sometimes even friends. 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 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 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?
Some examples of disability discrimination may include:
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 time, stay safe and well!
I