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

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