The Americans with Disabilities Act is a federal civil rights law enacted by Congress and signed into law by President George H.W. Bush in 1990. Its purpose is to ensure that people with disabilities have access to the same rights and opportunities as those who are not disabled.
Although other federal civil rights laws existed to protect a person from discrimination based on race, color, national origin, Gender, age, and religion, none of them did so based on disability. The Americans with Disabilities Act of 1990 (ADA) focused specifically on people with disabilities to grant them the same opportunities enjoyed others.
The disability lawyers at Sackett and Associates, who have fought for the rights of people with disabilities in Northern California and nationwide for more than 45 years, want you to be aware the what the ADA does to protect your rights. Here is an explanation of the ADA history and the scope of its impact on the lives of people with disabilities.
ADA history
Although several federal civil rights laws existed before 1990, none of them specifically targeted the millions of people in this country living with disabilities. It was not until 1986 that federal lawmakers began to seriously consider creating comprehensive civil rights legislation that focused specifically on protecting the rights of people with disabilities. It would take another four years until the ADA enactment year.
How does the ADA protect the rights of people with disabilities?
The ADA certainly fits anyone’s definition of a comprehensive civil rights law. The various sections of the statute prohibit discrimination against any person with a disability or any person having a relationship or association with a person who is disabled.
The protections apply to a variety of areas, including:
- Employment: Title I of the ADA applies to employers with at least 15 employees. Employers include employment agencies, labor unions, and state and local governments. The law requires employers to provide equal opportunities for employees with disabilities to benefit from all employment opportunities available to other employees, including hiring, promotion, training, and compensation.
- State and local government activities: Title II, Subtitle A of the ADA requires that state and local governments make all of their programs equally accessible to people with disabilities.
- Public transportation: Title II, Subtitle B of the ADA makes services offered by public transit systems available to people with disabilities. Other sections of the law do essentially the same thing to private transit systems.
- Public accommodations: Title III of the ADA applies to businesses and other organizations that serve the public, including restaurants, retail stores, private schools, hospitals, and doctors’ offices. Organizations must ensure that their facilities and services are accessible to people with disabilities.
- Telecommunications relay services: Title IV of the ADA requires that services provided by telecommunications companies, such as phone companies, be accessible to people with hearing and speech impairments.
The ADA prohibits retaliation against a person for demanding compliance with the disability rights law.
Who Does The ADA Protect?
Since the ADA passed date in 1990, a common question centers on the definition of a disabled person entitled to be protected by the legislation. The ADA defines a disabled person as someone meeting one of the following criteria:
- A person with substantial limits on one or more major life activities caused by a physical or mental impairment.
- Someone with a record or history of a physical or mental impairment substantially limiting one or more major life activities. For example, a person diagnosed and treated for cancer who is now in remission.
- A person perceived by others as having a physical or mental impairment that substantially limits one or more major life activities. For instance, visible scarring resulting from severe burns.
Examples of physical and mental conditions qualifying for protection under the ADA include, but are not limited to the following:
- Post-traumatic stress disorder
- Cancer
- Diabetes
- Autism
- Epilepsy
- Blindness and vision impairment
- Deafness and hearing impairment
- Depression
The list of disabling conditions entitled to protection under the ADA is extensive, but you can learn if your condition is covered by consulting Sackett and Associates.
ADA And Reasonable Accommodations
How far must an employer, business owner, or organization go to comply with the ADA? To comply with the law, a reasonable accommodation must be made for the physical or mental limitations of protected individuals, unless doing so would result in undue hardship. For example, making modifications to a bathroom to make it accessible for use by an employee who uses a wheelchair would be a reasonable accommodation expected of an employer. Expecting the employer to provide a wheelchair for an employee’s personal use could be an undue hardship.
Consult A Disability Lawyer To Learn About Your ADA Rights
The team of disability professionals at Sackett and Associates provides advice and representation for disability benefits in Northern California and nationwide. Contact Sackett Law for a free consultation to learn more about the ADA and Social Security Disability.
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