Web Posted on: December 16, 1997
Americans with Disabilities Act in Brief
Published by the
President's Committee On Employment of People with
Disabilities
To this Nation's over 43 million citizens with disabilities, the Americans with Disabilities Act (ADA), PL 101-336, is an unprecedented opportunity to eliminate the barriers to independence and productivity. The ADA is modeled after the Civil Rights Act of 1964 and Title V of the Rehabilitation Act of 1973. The Act is based on a bill originally drafted by the National Council on Disability that was supported by every major disability organization and constituency group.
Purpose: The purpose of the ADA is to extend to people with disabilities civil rights similar to those now available on the basis of race, color, sex, national origin, and religion through the Civil Rights Act of 1964. It prohibits discrimination on the basis of disability in: private sector employment, services rendered by state and local governments, places of public accommodation, transportation, and telecommunications services.
Employment
The ADA prohibits discrimination against a qualified individual with a disability in employment and includes specific features related to reasonable accommodation, qualification standards and other labor management issues.
"No covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment."
Public Services
ADA addresses services and activities of State and local governments including actions applicable to public transportation provided by public entities. Transportation provisions of the Act are intended to improve access in equipment (buses, rail coaches), facilities and demand response systems. Some of these requirements include: the purchase of new accessible public transportation equipment, special transportation services that are comparable to fixed route services, modification of key existing facilities to assure access, and inter-city and commuter rail accessibility improvements.
No qualified individual with a disability shall, by reason of such disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination by a department, agency, special purpose district, or other instrumentality of a State or a local government.
Public Accommodations
ADA addresses public accommodations and businesses and services operated by private entities. Privately owned transportation is also included. Specific features of the Act vary from section to section laying out how equal access is to be achieved by particular entities.
"No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation. "
Telecommunications
ADA mandates that telecommunications relay services be offered by private companies and includes services operated by States.
"....shall ensure that interstate and intrastate telecommunications relay services are available... to hearing-impaired and speech-impaired individuals in the United States."
Miscellaneous Provisions
Various explanations, exemptions, directives and mandated studies are also detailed in the act.
ADA's Impact on Employment
- ADA prohibits discrimination against workers with disabilities. As of July 1992, it applies to all employers with 25 or more employees, and in July 1994, to all employers with 15 or more.
- ADA employment provisions apply to private employers, state and local governments, employment agencies, labor organizations, and joint labor-management committees.
- ADA requires equal opportunity in selection, testing and hiring of qualified applicants with disabilities.
- ADA requires equal treatment in promotion and benefits.
- ADA requires reasonable accommodation for workers with disabilities when such accommodations would not impose an "undue hardship." Reasonable accommodation is a concept already familiar to and widely used in today's workplace.
Revised February 1992
President's Committee on Employment of People with Disabilities
1331 F Street, NW Washington, DC 20004-1107
202/376-6200 voice 202/376-6205 (tdd) 202/376-6219 (fax)
Regulations and Information
ADA Regulations for Title I - Employment
Contact: Equal Employment Opportunity Commission, 1801 L Street, NW, Room 9024, Washington, DC 20507. 800/669-3362 - voice 800/800-3302 - tdd. Alternative formats are available.
Information on making job accommodations
Contact: JAN (Job Accommodation Network). 800/526-7234 U.S. - voice/tdd. 800/526-4698 in W. Va. - voice/tdd.
ADA Regulations for Transportation
Contact: Urban Mass Transportation Administration, 400 7th Street, SW, Room 9316, Washington, DC 20590. 202/366-9306 or 4011 - voice 202/755-7687 or 366-2979 - tdd. Alternative formats are available on request.
ADA Regulations for Title 111- Public Accommodations
Contact: U.S. Department of Justice, P.O. Box 66118, Washington, DC 20530 -6118. 202/514-0301- voice 202/514-0381- tdd. Alternative formats are available.
ADA Accessibility Guidelines for Buildings and Facilities, and those for Transportation Vehicles
Contact: Architectural and Transportation Barriers Compliance Board, 1331 F Street, NW, Suite 1000, Washington, DC 20004-1111. 202/272-5434 - voice/tdd. 800/872-2253 - voice/tdd. Alternative formats are available.
ADA Regulations for Title IV - Telecommunications
Contact: Federal Communications Commission, Office of Public Affairs, 119 M Street, NW, Room 254, Washington, DC 20554. 202/632-7260 - voice 202/632-6999 - tdd.