Americans with Disabilities Act (ADA)
| How It Works | History | Policy Update | Links | References |
How It Works
The Americans with Disabilities Act (ADA) is civil rights legislation that protects individuals with disabilities against discrimination. The ADA covers access to employment, state and local government programs, access to places of public accommodations, transportation, and telecommunications. While there are five titles of the ADA, Title I protects individuals with disabilities from employment discrimination. It is an important piece of legislation both for adolescents who are seeking employment and for parents of children with disabilities who are working to ensure their child’s participation in the community as adults.
Title I of the ADA applies to any qualified job applicants or employees with a disability who: (1) has a physical or mental impairment that substantially limits one or more life activities; or (2) has a record of such impairment; or (3) is regarded as having such an impairment.
Title I of the ADA requires employers to make reasonable accommodations for known disabilities of a qualified applicant or employee. If an accommodation for an employee imposes undue hardship on the employer, it is not necessary to provide the accommodation. Examples of reasonable accommodations include: making worksites physically accessible, modifying work schedule, restructuring jobs, providing interpreters, or making assistive devices available.
History
The ADA was signed into law by George Bush in 1990 and has since been amended several times since its passage.
Policy Update
The ADA generally and Title I specifically is a complicated piece of legislation that has been subject to significant interpretation within the judiciary branch of government. For the most part courts have narrowed the definition of disability and restricted availability of workplace job accommodations. Many advocates have been disappointed by the judicial decisions and have lobbied their Congressman to restore the intent of the ADA. The United States House of Representatives has introduced legislation, the ADA Resort oration Act of 2007, to achieve this goal. The House bill (HR3195) has 153 co-sponsors.
In July 2007, the National Council on Disability issued recommendations to President George W. Bush that included provisions to better research and evaluate Title I of the ADA.
Links
National Council on Disability
National Collaborative on Workforce and Disability for Youth
References
National Council on Disability. Implementation of the Americans with Disabilities Act: Challenges, Best Practices, and New Opportunities for Success, July 26, 2007. Available at: http://www.ncd.gov/newsroom/publications/2007/publications.htm
United States Department of Justice. ADA Questions and Answers. Available at: http://www.usdoj.gov/crt/ada/
Social Security Administration. Americans with Disabilities Act-A Guide for People with Disabilities Seeking Employment. Available at: http://www.ssa.gov/work/workta.html
National Collaborative on Workforce and Disability for Youth. Available at: http://www.ncwd-youth.info/