Americans with Disabilities
Act
The Americans with Disabilities Act was signed
into law on July 26, 1990. The purpose of the
Act is to:
· Provide clear and comprehensive national
mandate to end discrimination against
individuals with disabilities.
· Provide enforceable standards addressing
discrimination against individuals with
disabilities.
· Ensure that the federal government plays a
central role in enforcing these standards on
behalf of individuals with disabilities.
An individual is considered to have a
"disability" if s/he has a physical or mental
impairment that substantially limits one or more
major life activities, has a record of such
impairment, or is regarded as having such
impairment. Persons discriminated against
because they have a known association or
relationship with an individual with a
disability also are protected.
The first part of the definition makes clear
that the ADA applies to persons who have
impairments and that these must substantially
limit major life activities such as seeing,
hearing, speaking, walking, breathing,
performing manual tasks, learning, caring for
oneself, and working. An individual with
epilepsy, paralysis, HIV infection, AIDS, a
substantial hearing or visual impairment, mental
retardation, or a specific learning disability
is covered, but an individual with a minor,
nonchronic condition of short duration, such as
a sprain, broken limb, or the flu, generally
would not be covered.
The second part of the definition protecting
individuals with a record of a disability would
cover, for example, a person who has recovered
from cancer or mental illness.
The third part of the definition protects
individuals who are regarded as having a
substantially limiting impairment, even though
they may not have such impairment. For example,
this provision would protect a qualified
individual with a severe facial disfigurement
from being denied employment because an employer
feared the "negative reactions" of customers or
co-workers. [From the DOJ website: www.usdoj.gov/crt/ada/q%26aeng02.htm]
The ADA does not specifically name all of the
impairments that are covered. This is the same
definition used in Sections 503 and 504 of the
Rehabilitation Act and the Fair Housing
Amendments Act.
The Americans with Disabilities Act (ADA) gives
people with disabilities civil rights protection
that is like that provided to individuals on the
basis of race, sex, national origin and
religion. It guarantees equal opportunity for
individuals with disabilities in:
· employment
· public accommodations
· transportation
· state and local government services
· telecommunications