ADA

OVERVIEW OF THE AMERICANS WITH DISABILITIES ACT OF 1990 JULY 26, 1990

The purpose of the ADA is to provide a clear and comprehensive national mandate to end discrimination against individuals with disabilities and to bring persons with disabilities into the economic and social mainstream of American life; to provide enforceable standards addressing discrimination against individuals with disabilities, and to ensure that the federal government plays a central role in enforcing these standards on behalf of individuals with disabilities.

Definition of the term "disability."

The ADA defines "disability" to mean, with respect to an individual: a physical or mental impairment that substantially limits one or more of the major life activities of such individual, a record of such an impairment, or being regarded has having such an impairment. This is the same definition included in section 504 of the Rehabilitation Act of 1973, the Fair Housing Act Amendments, and the Air Carriers Access Act.

Employment

Title I of the ADA specifies that an employer, employment agency, labor organization, or joint labor-management committee may not discriminate against any qualified individual with a disability in regard to any term, condition or privilege of employment. The ADA incorporates many of the standards of discrimination set out in regulations implementing section 504 of the Rehabilitation Act of 1973, including the obligation to provide reasonable accommodations unless it would result in an undue hardship on the operation of the business.

The ADA incorporates by reference the enforcement provisions under title VII of the Civil Rights Act of 1964. Currently, remedies available under Title VII include injunctive relief and back pay.

Title I goes into effect two years after the date of enactment. For the first two years after the effective date, employers with 25 or more employees are covered. Thereafter, employers with 15 or more employees are covered.

Public services, including public transportation services provided by public entities

Title II of the ADA specifies that no qualified individual with a disability may be discriminated against by a public entity, i.e., a state and local government or a department, agency, special purpose district or other instrumentality of a state or a local government, or by AMTRAK or a commuter rail authority.

In addition to a general prohibition against discrimination, Title II includes specific requirements applicable to public transit authority, commuter rail authorities, and AMTRAK.

With respect to public transportation provided by public transit authorities, all new fixed route buses must be made accessible unless a transit authority can demonstrate to the Secretary of Transportation that no lifts are available from qualified manufacturers, despite the fact that good faith efforts have been made to locate such lifts, and that a further delay in purchasing new buses would significantly impair transportation services in the community served. A public transit authority must also provide paratransit for those individuals who cannot otherwise use mainline accessible transportation (and to one person associated with an individual with a disability or additional persons associated with the individual with the disability if the additional persons do not displace other individuals with disabilities) up to the point where the provisions of such supplementary services would pose an undue financial burden on the transit authority.

With respect to AMTRAK, all new intercity vehicles must be readily accessible to and usable by individuals with disabilities. Special rules are included specifying the standards of accessibility for people using wheelchairs for each category of passenger car. With respect to new cars used by commuter rail authorities, such cars must be accessible. However, special rules are delineated explaining the meaning of "accessibility" for people who use wheelchairs.

New stations must be designed and constructed in an accessible manner. Key existing stations serving rapid rail and light rail systems must be made accessible as soon as practicable not in no more than 30 years where modifications are extraordinarily expensive (with two-thirds of the stations to be made accessible within 20 years). For key existing stations serving commuter rail, the time frame is 20 years as it is for all stations serving AMTRAK.

Title II incorporates by reference the enforcement provisions in section 505 of the Rehabilitation Act of 1973.

Title II takes effect 18 months after the date of enactment, with the exception of the obligation to ensure that new public buses are accessible, which takes effect for solicitations made 30 days after the date of enactment.

Public accommodations and services provided by private entities

Title II of the ADA specifies that no individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations by any person who owns, leases (or leases to), or operates a place of public accommodation. Public accommodations include: restaurants, hotels, doctor's offices, pharmacies, grocery stores, shopping centers, and other similar establishments.

Existing facilities must be made accessible if the changes are "readily achievable" i.e., easily accomplishable without much difficulty or expense. Auxiliary aids and services must be provided unless such provisions would fundamentally alter the nature of the program or cause an undue burden. New construction and major renovations must be designed and constructed to be readily accessible to an usable by people with disabilities. Elevators need not be installed if the building has lees than three stories or has less than 3,000 square feet per floor except if the building is a shopping center, shopping mall, or offices for health care providers or if the Attorney General decides that other categories of buildings require the installation of elevators.

Title III also includes specific prohibitions on discrimination in public transportation services provided by private entities, including the failure to make new over-the-road buses accessible six years from the date of enactment for large providers and seven years for small providers. "Accessibility" will be defined in regulations issued by the Secretary of Transportation and reflect the results of a 3-year study conducted by the Office of Technology Assessment. Lifts are not necessarily required on all new buses.

Title III incorporates enforcement provisions in private actions comparable to the applicable enforcement provisions in Title II of the Civil Rights Act of 1964 (injunctive relief) and provides for pattern and practice cases by the Attorney General. The Attorney General may also seek monetary (not punitive) damages on behalf of an aggrieved individual and civil penalties.

The provisions of Title III become effective 18 months after the date of enactment. However, except for actions relating to the failure to make alterations and new construction readily accessible to an usable by individuals with disabilities, no civil action may be brought for any act or omission considered discriminatory under the Act against businesses that employ 25 or fewer employees and have gross receipts of $1,000,000 or less during the first six months after the effective date and no civil actions may be brought for any act or omission considered discriminatory under the Act against business that employ 10 or fewer employees and have gross receipts of $500,00 or less during the first year after the effective date.

Telecommunication relay services

Title IV of the ADA specifies that telephone services offered to the general public must include interstate and intrastate telecommunication relay services so that such services provide individuals who use non-voice terminal devices because of disabilities (such as deaf persons) with opportunities for communications that are equivalent to those provided to individuals able to use voice telephone services.

Miscellaneous provisions

Title V of the ADA includes miscellaneous provisions, including coverage of Congress, a construction clause explaining the relationship between the provisions in the ADA and the provisions in other Federal and State laws; a construction clause explaining that the ADA does not disrupt the current nature of insurance underwriting; a prohibition against retaliation; a clear statement that States are not immune from actions in courts of competent jurisdiction for a violation of the ADA; a directive to the Architectural and Transportation Barriers Compliance Board to issue guidelines; and authority to award attorney's fees. .