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Americans with Disabilities Act (ADA): Overview
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BACKGROUND

On July 26, 1990, the Americans with Disabilities Act of 1990 was signed into law. Known as the ADA or the "Act," this is a wide-ranging law designed to ensure people with disabilities have greater access to American Society.

The ADA is divided into five titles or coverage areas. Title I addresses employment rights. Public Services, Public Accommodations, Telecommunications, and Miscellaneous are covered by Titles II, III, IV, and Title V respectively.

image: blue arrowPERSONSCOVERED

Although intended for "disabled" persons, the ADA protects other individuals who meet one of the following tests: The individual is impaired with respect to a major life activity, he or she has a record of such impairment and/or the individual is regarded as having such an impairment. Any person meeting one or more of these tests would be protected by the ADA.

image: blue arrowEMPLOYMENT

Title I is broken down into eight (8) sections including definitions, discrimination, illegal use of drugs and alcohol, and enforcement. The definitions section is where "qualified individual with a disability" is defined and "reasonable accommodation" is discussed. A person with a disability who, regardless of accommodation, can perform the essential functions of the job is considered a "qualified individual with a disability." The term "reasonable accommodation" is not strictly defined but is addressed by providing examples of what facility and job changes may be necessary.

Essentially, Title I requires reasonable accommodations be made to protect the rights of persons with disabilities in all aspects of employment.

image: blue arrowPUBLIC SERVICES

Title II covers public services provided by state and local governments. This includes rail, bus, and other commuter services as well as instrumentalities of these governments. This Title states that persons with disabilities cannot be denied participation in programs or activities which are available to persons without disabilities.

image: blue arrowPUBLIC ACCOMMODATIONS

Title III requires all newly constructed public buildings be readily accessible and barriers in existing facilities be removed if possible. Public Accommodations include retail stores, hotels, grocery stores, museums, and even privately owned transportation systems.

image: blue arrowTELECOMMUNICATIONS

Title IV addresses the accommodation requirements for telecommunications companies offering telephone service to the general public. These companies must have telephone relay service. This service is for use by persons requiring TTYs or similar communication devices.

image: blue arrowMISCELLANEOUS

Title V covers other requirements and definitions that are not addressed in the other Titles. This Title includes language regarding a prohibition against retaliation and coercion. Persons attempting to comply with the letter and spirit of the ADA shall not be discriminated against, interfered with, coerced, or intimidated. Remedies and procedures are in place to protect the aggrieved individual.

image: blue arrowADDITIONALRESOURCES

The Internet contains a wealth of resources on the ADA. The Act itself (42 pages) is available at a gopher site. Overviews and links to other related sites are also available. To learn more, visit the site listed below:

  1. Americans with Disabilities Act, (ADA) Full text of the law
  2. Americans with Disabilities Document CenterContains links to the complete text of the ADA, other organizations that offer information or help, and a job accommodation network

The National Agricultural Library has a training video called ADA - Day to Day . This video comes with an instructional manual geared to either self-instruction or a classroom situation. The manual includes an awareness quiz, strategies for compliance, interviewing guidelines, and examples of appropriate open-ended questions.