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The Americans with Disabilities Act. Daniel J. Abbott. Purpose of ADA. The purpose of ADA is to protect the civil rights of individuals with disabilities when they are outside of public schools.
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The Americans with Disabilities Act Daniel J. Abbott
Purpose of ADA • The purpose of ADA is to protect the civil rights of individuals with disabilities when they are outside of public schools. • ADA prohibits discrimination in employment, services rendered by state and local governments, places of public accommodation, transportation, and telecommunications.
Structure of ADA • The ADA comprises five titles, specifically addressing the areas of : • Employment • Public Services • Telecommunications • Miscellaneous provisions
Title I, Employment • Title I of the ADA prohibits discrimination by “certain entities” against “qualified” individuals with disabilities in the workplace. • ADA prohibits certain questions pertaining to disabilities from being asked. • Mandates that reasonable accommodations be made for otherwise qualified individuals with mental or physical disabilities.
Title II, Public Services • Title II prohibits all state and local governments, irrespective of size or public funding form discriminating against individuals with disabilities. • Unlike Section 504, Title II covers those entities that don not receive federal funding. • Enforcement of Title II is the responsibility of the U.S. Department of Justice (DOJ).
Title III, Public Accommodations • Title III expressly prohibits discrimination against individuals with disabilities by businesses and nonprofit organizations that provide services and accommodations to the public. • Title III prohibits discrimination against individuals with disabilities by most organizations such as those that own or rent housing; hospitals, retail stores, athletic venues, day care providers, homeless shelters, etc.
Title IV, Telecommunications • Title IV addresses access to television and telephone services for individuals with hearing and speech disabilities. The ADA requires telephone companies and “commercial carriers” to provide telecommunication relay service (TRS) 24 hours per day, 7 days per week. • TRS provides opportunities for individuals with hearing and speech disabilities to communicate through a third party.
Title V, Miscellaneous Provisions • Title V is a “grab bag” of provisions that addresses a wide range of issues, including the ADA’s relationship to other state and federal statutes, namely, the Rehabilitation Act of 1973; insurance; mediation and dispute resolution; technical assistance, and Congress as a covered entity.
