5 Titles of the ADA
American Disabilities Act Signed into law on July 26, 1990, the ADA is a wide-ranging civil rights law that prohibits, under certain circumstances, discrimination based on disability. It affords similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964, which made discrimination based on race, religion, sex, national origin, and other characteristics illegal.
Civil Rights and the ADA All too often, policy decisions regarding people with disabilities have been premised on feelings of compassion and pity. The ADA is based on civil rights and not on emotions. Civil rights, by their very nature, focus on the needs and rights of individuals; they are built on the belief that all individuals, regardless of their circumstances, are entitled to equal treatment in American society. This is especially important when dealing with individuals with disabilities. As a civil rights law, the ADA is similar to other civil rights acts that protect individuals on the basis of race, religion, age, national origin, and sex. Civil rights laws: Fight discrimination by outlawing segregation and isolation based on misconceptions and biases relative to certain individuals; Provide processes for individuals to file lawsuits to recoup damages from discrimination; and Establish government agencies to handle and investigate discrimination complaints .
Why do we need the ADA? Americans with disabilities have a lower level of educational attainment than those without disabilities: One out of five adults with disabilities has not graduated from high school, compared to less than one of ten adults without disabilities. Americans with disabilities are poorer and more likely to be unemployed than those without disabilities: In 1997, over 33 percent of adults with disabilities lived in a household with an annual income of less than $15,000, compared to only 12 percent of those without disabilities. Unemployment rates for working-age adults with disabilities have hovered at the 70 percent level for at least the past 12 years, while rates are significantly lower for working-age adults without disabilities. Source: Americans with Disabilities Act, Section 12101
Congress finds that : Physical or mental disabilities in no way diminish a person’s right to fully participate in all aspects of society, yet many people with physical or mental disabilities have been precluded from doing so because of discrimination; others who have a record of a disability or are regarded as having a disability also have been subjected to discrimination. Source: Source: White House News - Freedom Initiative Executive Summary
Definition of Disability The Americans with Disabilities Act (ADA) defines a person with a "disability" as someone who has an impairment that causes a substantial limitation in a major life activity, or is regarded as having a disability, or has a record of a past disability. In many cases where an ADA plaintiff has a nontraditional or "hidden" disability (such as a back injury), the defendant will argue that the plaintiff does not meet the ADA definition of disability. If the plaintiff cannot prove that he or she has an actual disability, a court will grant summary judgment to the defendant, and the plaintiff loses his or her case.
Department of Justice Federal agency that has the authority to enforce all provisions of the Americans with Disabilities Act (ADA), but focuses primarily on ADA Title II (public services by State and local government) and ADA Title III (public accommodations).
Equal Employment Opportunity Commission Federal agency primarily responsible for enforcement of Title I of the Americans with Disabilities Act (ADA), which deals with employment discrimination.
The Human Relations Commission 149.03 ADA GRIEVANCE PROCEDURE. There is hereby adopted the Americans with Disabilities Act grievance procedure for the City. The Human Relations Commission is hereby designated as the ADA Grievance Committee for the purpose of dealing with any grievances filed in accordance with that procedure. (Ord. 99-01. Passed 2-1-99.) The Human Relations Commission plays an advisory role in issues concerning ADA violations. They provide a platform for a complainant to: Voice their issue. • Have their issue documented. • Receive clarification on what constitutes a complaint to be deemed as an • ADA violation. Receive information on what Federal entity to report a valid ADA violation. •
City of Oberlin Code Administrator The City of Oberlin Code Administrator plays an advisory role in an ADA dispute. He or she may: Evaluate an ADA concern. Consult the most recent ADA laws to determine if a case falls under the American Disabilities Act guidelines. Consult the City of Oberlin's Codified Ordinances that directly reflect ADA standards to determine if an issue concerning American Disabilities Act guidelines can be handled through existing city ordinances. Direct a complainant to the proper channels to seek action on an ADA complaint.
Reasonable Accommodation A modification or adjustment to a job, the work environment, or the way things usually are done that enables a qualified individual with a disability to enjoy an equal employment opportunity. For example: Modifications or adjustments to a job application process that enable a qualified applicant with a disability to be considered for the position such qualified applicant desires; or Modifications or adjustments to the work environment, or to the manner or circumstances under which the position held or desired is customarily performed, that enable a qualified individual with a disability to perform the essential functions of that position.
5 Titles of the American Disabilities Act ADA Title 1. Employee Requirements ADA Title 2. State and Local Governments ADA Title 3. Public Accommodations ADA Title 4. Telecommunications ADA Title 5. Miscellaneous Provisions
ADA Title 1 Employee Requirements Title I is broken down into sections including definitions, discrimination, illegal use of drugs and alcohol, and enforcement. The definitions section is where "qualified individual with a disability" is defined and "reasonable accommodation" is discussed. A person with a disability who, regardless of accommodation, can perform the essential functions of the job is considered a "qualified individual with a disability." The term "reasonable accommodation" is not strictly defined but is addressed by providing examples of what facility and job changes may be necessary.
Title 1 of the ADA encourages: Covered entities to focus on the abilities of people with disabilities. Encourages employers to look at people with disabilities as valuable parts of the workforce , instead of seeing them as unemployable and needing government assistance. State and local government leaders to see people with disabilities as contributing members of a community , rather than as social burdens. Places of public accommodation such as stores, theaters, dry cleaners, etc., to see people with disabilities as potential customers , rather than as objects of pity.
Entities covered under Title 1: Employers with 15 or more employees must provide "reasonable accommodations" for qualified employees with disabilities to allow them equal opportunity to participate in the job application process, perform the essential functions of the job, or enjoy the benefits and privileges of employment. These could include making existing facilities accessible, altering a work schedule, purchasing assistive technology products, or job reassignment or restructuring. Other covered entities must make reasonable changes to policies and programs to accommodate persons with disabilities, as well as provide auxiliary aids and services , such as sign language interpreters, to ensure effective communication with people with disabilities.
ADA Title 2 State and Local Governments Title II covers the programs and services operated by state and local governments ; these are also known as public entities . Title II became effective on January 26, 1992 and is divided into two subtitles.
Title 2 of the ADA State and Local Government Subtitle A : Subtitle A of Title II is intended to protect qualified individuals with disabilities from discrimination on the basis of disability in the services, programs, or activities of all state and local governments . It extends the prohibition of discrimination on the basis of disability established by Section 504 of the Rehabilitation Act of 1973, as amended, to all activities of state and local governments, including those that do not receive Federal financial assistance. By law, the Department of Justice's ADA Title II regulation adopts the general prohibitions of discrimination established under Section 504, and also incorporates specific prohibitions of discrimination from the ADA.
Recommend
More recommend
