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Overview of the Americans with Disabilities Act (ADA): Rights and Protections

The Americans with Disabilities Act (ADA) is a key civil rights law enacted in 1990 that prohibits discrimination against individuals with disabilities. It covers various areas including employment, state and local government services, and public accommodations. The ADA requires that businesses and government entities provide reasonable accommodations for individuals with disabilities. For further details, including the full text and frequently asked questions, visit the ADA's official website. This presentation is developed for training purposes and aims to educate about ADA provisions, enforcement, and resources available.

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Overview of the Americans with Disabilities Act (ADA): Rights and Protections

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  1. ADA Americans with Disabilities Act

  2. ADA OVERVIEW • For an overview of the ADA, just click here to get to the homepage: • http://www.ada.gov

  3. FULL TEXT OF THE ADA • AMERICANS WITH DISABILITIES ACT of 1990 • To view the full text, go to: • http://www.ada.gov/pubs/ada.txt

  4. QUESTIONS AND ANSWERS • For a review of frequently asked questions and answers, just click here: • http://www.ada.gov/publicat.htm#Anchor-ADA-44867 • Following this overview is a powerpoint presentation developed by Margaret Jacobson for training purposes.

  5. The Americans with Disabilities Act(ADA) • Margaret Jakobson, Managing Attorney • San Diego Regional Office • Protection & Advocacy, Inc. (PAI)

  6. What is the ADA? • Civil rights law for people with disabilities • Federal statute - 42 USC § 12101 and following • Regulations • Guidelines (ADAAG) • Technical assistance manuals • Judicial decisions

  7. What Does the ADA Cover? • Employment • State & Local Government Services • Public Accommodations • Relay Services

  8. What is NOT Covered by the ADA • Airlines • Housing • Special Education

  9. What is Required for the ADA to Apply to a Situation? • The individual must be a person with a disability • The individual’s disability must be known • The individual must be qualified in some situations • The program/business/entity involved must be one covered by the ADA • There must be discrimination that is prohibited by the ADA • There is no permitted excuse for the discrimination

  10. Disabled Under the ADA • Physical or mental impairment that substantially limits one or more major life activities, or • Record of such an impairment, or • Regarded as having such an impairment

  11. Knowledge of Disability & Qualified • In order to be covered by the ADA, your disability must be known • Under Title I and II, you must be a qualified person with a disability

  12. Covered Entity • State or local government under Title II • Private entities that operate public accommodations (private businesses) under Title III • Private employer with 15 or more employees under Title I

  13. Discrimination in Employment • Denial in hiring/promotion or other employment privileges • Fired because of a disability • Denial of reasonable accommodation

  14. Discrimination by State & Local Services • Refuse services • Segregated services • Eligibility criteria that screens out PWDs • Refuse to make reasonable modifications • Refuse to furnish auxiliary aids • Cannot charge more • Program access • Architectural access denied (new and altered buildings) • Inadequate transition plan and/or self evaluation plan

  15. Discrimination by Public Accommodations • Refuse services • Segregated services • Eligibility criteria that screens out PWDs • Refuse to make reasonable modifications • Refuse to provide auxiliary aids • Architectural access denied (new, altered and existing buildings)

  16. Defenses to Discrimination • Undue financial burden • Undue administrative burden (Title II only) • Fundamental alteration in nature of service • Direct threat to health and safety

  17. Remedies • Informal - Letter/Telephone Call/Meeting • Mediation • Administrative complaint • Court lawsuit

  18. ADA Resources • US Department of Justice www.usdoj.gov • Federal Transit Administration www.fta.dot.gov • Equal Employment Opportunity Commission www.eeoc.gov • US Architecture & Transportation Barriers Compliance Board www.access-board.gov • PAI www.pai-ca.org • Disability & Business Technical Assistance Centers www.adata.org

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