The Americans with Disabilities Act (ADA) was signed into law by President George H.W. Bush on July 26, 1990. It is a civil rights law that prohibits discrimination based on disability and affords similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964. The ADA also requires covered employers to provide reasonable accommodations to employees with disabilities and imposes accessibility requirements on public accommodations.
Characteristics | Values |
---|---|
Date of Enactment | 26th of July 1990 |
Signed by | President George H.W. Bush |
First Proposed by | Senator Lowell Weicker of Connecticut and Senator Tom Harkin of Iowa |
First Introduced in | 100th Congress |
What You'll Learn
- The Americans with Disabilities Act of 1990 was signed into law by President George H.W. Bush on July 26, 1990
- The ADA is a civil rights law that prohibits discrimination based on disability
- The ADA was later amended in 2008 and signed by President George W. Bush with changes effective as of January 1, 2009
- The ADA provides similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964
- The ADA also requires covered employers to provide reasonable accommodations to employees with disabilities
The Americans with Disabilities Act of 1990 was signed into law by President George H.W. Bush on July 26, 1990
The Act prohibits discrimination against people with disabilities and affords them similar protections to those provided by the Civil Rights Act of 1964, which made discrimination based on race, religion, sex, national origin, sexual orientation, and gender identity illegal. The ADA also requires covered employers to provide reasonable accommodations to employees with disabilities and imposes accessibility requirements on public accommodations.
The ADA was the result of years of campaigning by disability rights activists and advocates, including Justin Whitlock Dart Jr. and Patrisha Wright, and was supported by a broad bipartisan coalition of legislators. The final version of the bill was signed into law by President Bush, who remarked:
> Let the shameful wall of exclusion finally come tumbling down.
The ADA defines a covered disability as a physical or mental impairment that substantially limits one or more major life activities, a history of having such an impairment, or being regarded as having such an impairment. The ADA Amendments Act of 2008 broadened the definition of "disability", thereby extending the ADA's protections to a greater number of people.
The ADA has led to significant improvements in terms of access to public services, accessibility in the built environment, and societal understanding of disability.
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The ADA is a civil rights law that prohibits discrimination based on disability
The Americans with Disabilities Act (ADA) is a civil rights law that prohibits discrimination based on disability. The ADA 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, and later sexual orientation and gender identity.
The ADA was signed into law by President George H. W. Bush on July 26, 1990, and was later amended in 2008 and signed by President George W. Bush with changes effective as of January 1, 2009.
The ADA prohibits discrimination against people with disabilities in several areas, including employment, transportation, public accommodations, communications, and access to state and local government programs and services.
The ADA states that a "covered entity" shall not discriminate against "a qualified individual with a disability". This applies to job application procedures, hiring, advancement and discharge of employees, job training, and other terms, conditions, and privileges of employment. "Covered entities" include employers with 15 or more employees, as well as employment agencies, labor organizations, and joint labor-management committees.
Covered entities are also required to provide reasonable accommodations to job applicants and employees with disabilities. A reasonable accommodation is a change in the way things are typically done that the person needs because of a disability, and can include, among other things, special equipment that allows the person to perform the job, scheduling changes, and changes to the way work assignments are chosen or communicated.
Under Title III, no individual may be discriminated against on the basis of disability with regards to the full and equal enjoyment of the goods, services, facilities, or accommodations of any place of public accommodation by any person who owns, leases, or operates a place of public accommodation. Public accommodations include most places of lodging (such as inns and hotels), recreation, transportation, education, and dining, along with stores, care providers, and places of public displays.
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The ADA was later amended in 2008 and signed by President George W. Bush with changes effective as of January 1, 2009
The Americans with Disabilities Act (ADA) was amended in 2008 and signed into law by President George W. Bush on September 25, 2008, with changes taking effect as of January 1, 2009. The amendment, known as the ADA Amendments Act (ADAAA), was passed in response to a series of Supreme Court decisions that were viewed as limiting the rights of persons with disabilities.
The ADAAA broadened the definition of "disability", thereby extending the ADA's protections to a greater number of people. It added to the ADA examples of "major life activities" including, but not limited to, "caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working" as well as the operation of several specified "major bodily functions". The act also overturned a 1999 Supreme Court case that held that an employee was not disabled if their impairment could be corrected by mitigating measures. The ADAAA specified that such an impairment must be determined without considering ameliorative measures.
The ADAAA also overturned the Supreme Court's finding that an impairment that substantially limits one major life activity must also limit others to be considered a disability. The amendment "makes it absolutely clear that the ADA is intended to provide broad coverage to protect anyone who faces discrimination on the basis of disability." As such, the ADAAA led to broader coverage of impaired employees.
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The ADA provides similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964
The Americans with Disabilities Act (ADA) was signed into law by President George H.W. Bush on July 26, 1990. The ADA is a federal civil rights law that prohibits discrimination against people with disabilities in everyday activities. 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.
The ADA prohibits discrimination on the basis of disability just as other civil rights laws prohibit discrimination on the basis of race, colour, sex, national origin, age, and religion. The ADA guarantees that people with disabilities have the same opportunities as everyone else to enjoy employment opportunities, purchase goods and services, and participate in state and local government programs.
The ADA is broken up into five different sections, which are called titles. Each title sets out the requirements for different kinds of organisations. Title I covers requirements for employers, and Title II covers requirements for state and local governments. Title III covers businesses and nonprofits serving the public, and Title IV applies to telecommunication companies. Title V includes technical provisions and an anti-retaliation or coercion provision.
The ADA defines a covered disability as a physical or mental impairment that substantially limits one or more major life activities, a history of having such an impairment, or being regarded as having such an impairment. The ADA includes specific requirements for employers to ensure that people with disabilities have equal access to employment.
The ADA Amendments Act (ADAAA) was signed into law by President George W. Bush in 2008 to broaden the definition of "disability", thereby extending the ADA's protections to a greater number of people. The ADAAA also added to the ADA examples of "major life activities" including, but not limited to, "caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working". The ADAAA took effect on January 1, 2009.
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The ADA also requires covered employers to provide reasonable accommodations to employees with disabilities
The Americans with Disabilities Act (ADA) of 1990 is a civil rights law that prohibits discrimination based on disability. The ADA requires covered employers to provide reasonable accommodations to employees with disabilities.
A reasonable accommodation is a modification or adjustment to a job, the work environment, or the way things are usually done that enables a qualified individual with a disability to enjoy an equal employment opportunity. An equal employment opportunity means an opportunity to attain the same level of performance or to enjoy equal benefits and privileges of employment as are available to an average similarly-situated employee without a disability.
The ADA requires reasonable accommodation in three aspects of employment:
- To ensure equal opportunity in the application process
- To enable a qualified individual with a disability to perform the essential functions of a job
- To enable an employee with a disability to enjoy equal benefits and privileges of employment
Examples of reasonable accommodations include:
- Making existing facilities accessible
- Job restructuring
- Part-time or modified work schedules
- Acquiring or modifying equipment
- Changing tests, training materials, or policies
- Providing qualified readers or interpreters
- Reassignment to a vacant position
Who is protected by the ADA?
The term "disability" means:
- A person who has a physical or mental impairment that substantially limits one or more major life activities
- A person with a record of a physical or mental impairment that substantially limits one or more major life activities
- A person who is regarded as having a physical or mental impairment that substantially limits one or more major life activities
Who must comply with Title I of the ADA?
Only "covered entities" must comply with Title I of the ADA. The term "covered entities" includes private employers with 15 or more employees, state and local government employers, employment agencies, labor organizations, and joint labor-management committees.
The ADA makes it unlawful to discriminate in all employment practices, including:
- Job application procedures
- Hiring
- Advancement
- Discharge of employees
- Employee compensation
- Job training
- Other terms, conditions, and privileges of employment
Frequently, when a qualified individual with a disability requests a reasonable accommodation, the appropriate accommodation is obvious. The individual may suggest a reasonable accommodation based on their life or work experience. However, when the appropriate accommodation is not readily apparent, employers must make a reasonable effort to identify one. The best way to do this is to consult informally with the applicant or employee about potential accommodations that would enable them to participate in the application process or perform the essential functions of the job.
It is not necessary to provide a reasonable accommodation if doing so would cause an undue hardship. Undue hardship means that an accommodation would be unduly costly, extensive, substantial, or disruptive, or would fundamentally alter the nature or operation of the business. Among the factors to be considered in determining whether an accommodation is an undue hardship are the cost of the accommodation, the employer's size, financial resources, and the nature and structure of its operation.
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Frequently asked questions
The ADA was passed on July 26, 1990, and signed into law by President George H.W. Bush.
The ADA is a civil rights law that prohibits discrimination based on disability. It provides similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964. The ADA also requires covered employers to provide reasonable accommodations to employees with disabilities and imposes accessibility requirements on public accommodations.
Conditions classed as disabilities under the ADA include both mental and physical conditions. A condition does not need to be severe or permanent to be a disability.
The ADA is divided into five titles:
- Title I—employment
- Title II—public entities (and public transportation)
- Title III—public accommodations (and commercial facilities)
- Title IV—telecommunications
- Title V—miscellaneous provisions