Americans with Disabilities Act

Introduction

The Americans with Disabilities Act (ADA) of 1990, codified at 42 USC §§ 12101-12213, is a landmark civil rights law that prohibits discrimination against individuals with disabilities. The ADA has five titles addressing employment, public services, public accommodations, telecommunications, and miscellaneous provisions. The statute was enacted to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.

Definition of Disability

The ADA defines a disability as: a physical or mental impairment that substantially limits one or more major life activities; a record of such an impairment; or being regarded as having such an impairment. The definition is interpreted broadly, consistent with the remedial purpose of the statute.

The ADA Amendments Act of 2008 (ADAAA) overturned several Supreme Court decisions that had narrowed the definition of disability. The ADAAA provides that the definition of disability should be construed in favor of broad coverage and that the determination of disability should not require extensive analysis.

Title I: Employment

Title I prohibits employers with fifteen or more employees from discriminating against qualified individuals with disabilities in employment decisions, including hiring, firing, promotion, and compensation. Title I requires employers to provide reasonable accommodations to qualified individuals with disabilities unless doing so would cause undue hardship.

Reasonable accommodation includes making existing facilities accessible, job restructuring, modified work schedules, reassignment to vacant positions, and providing qualified readers or interpreters. Undue hardship is determined based on the nature and cost of the accommodation, the financial resources of the employer, and the impact on operations.

Title II: Public Services

Title II prohibits state and local governments from discriminating against individuals with disabilities in the provision of public services, programs, and activities. Title II requires that public entities ensure that their programs and services are accessible to individuals with disabilities.

Title II has been applied to require access to courthouses, voting, public transportation, and emergency services. The title also requires that public entities make reasonable modifications to their policies and practices when necessary to avoid discrimination.

Title III: Public Accommodations

Title III prohibits discrimination in public accommodations — private entities that operate places of public accommodation, including restaurants, hotels, theaters, retail stores, and medical offices. Title III requires that public accommodations remove architectural barriers where readily achievable and provide auxiliary aids and services.

Title III also requires that public accommodations make reasonable modifications to policies and practices and communicate effectively with individuals with disabilities. Title III has been the subject of extensive litigation over website accessibility and the definition of public accommodation in the digital age.

Conclusion

The ADA is a comprehensive civil rights statute that prohibits discrimination against individuals with disabilities. Title I’s employment protections, Title II’s public services requirements, and Title III’s public accommodations provisions create a broad framework for disability rights. The ADAAA’s broad definition of disability ensures that the ADA’s protections extend to a wide range of individuals with disabilities.