A “bright new era”
THE AMERICANS WITH DISABILITIES ACT (ADA) OF 1990
“Three weeks ago we celebrated our nation’s Independence Day. Today we’re here to rejoice in and celebrate another ‘independence day,’ one that is long overdue. With today’s signing of the landmark Americans for Disabilities Act, every man, woman, and child with a disability can now pass through once-closed doors into a bright new era of equality, independence, and freedom.”
—Remarks of President George H.W. Bush at the Signing of the ADA
HISTORY
The ADA was signed into law by President George H.W. Bush on July 26, 1990. It was the world’s first comprehensive declaration of equality for people with disabilities. Its purpose then, and now, is to “ensure that people with disabilities are given the basic guarantees for which they have worked so long and so hard. Independence, freedom of choice, control of their lives, the opportunity to blend fully and equally into the rich mosaic of the American mainstream.”1
Explaining Title I of the ADA
Professor Stephen F. Befort
A brief overview of the protections afforded under the Americans with Disabilities Act.
In the almost two decades between the enactment of the ADA (1990) and the enactment of the Amendments to the ADA (2008), the courts acted, in many cases, to narrow the application of the Act’s provisions. Congress responded by passing the Amendments to the ADA in 2008, which made it clear that the Act was to “provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities” and provide broad coverage “interpreted consistently with how courts had applied the definition of a handicapped individual under the Rehabilitation Act of 1973.”2
The Act, codified at 42 U.S.C. 126 beginning at §12101, specifies a broad, three-pronged definition of disability as (1) a physical or mental impairment that substantially limits one or more major life activities of an individual. (2) a record of such an impairment, and (3) being regarded as having an impairment. This section also specifies that this definition “be construed in favor of broad coverage of individuals under this chapter, to the maximum extent permitted by the terms of this chapter.”3
The Act is the most comprehensive federal protection of the civil rights of people with disabilities. In five titles, it covers employment rights, rights of access to public accommodations and transportation services, and equivalent telecommunications services for the disabled. Titles I-III are discussed in more detail below:
TITLE I OF THE ADA: EMPLOYMENT
This Title4 provides that “No covered entity shall discriminate against a qualified individual on the basis of disability 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.”5 For an applicant otherwise able to perform the duties of the position, it requires that the employer make “reasonable accommodations” for people with disabilities. It also specifies exclusions from the Act’s coverage, employer defenses, and remedies.
The EEOC is charged with enforcement of this title’s provisions. Remedies include punitive and compensatory damages, expert fees, and attorney’s fees.
The ADA and Its History
The Honorable Stephen Rau
Magistrate Judge Rau explains how the ADA was enacted, summarizes provisions in Titles I- IV, and explains the spirit and intent of this legislation.
EEOC v. Chuck E. Cheese
Laurie Vasichek
An overview of a case, in which an employee faced blatant discrimination based upon his intellectual disability, in violation of the ADA.
TITLE II OF THE ADA: PUBLIC SERVICES
Part A [Prohibition against Discrimination and Other Generally Applicable Provisions]6 and Part B [Actions Applicable to Public Transportation Provided by Public Entities Considered Discriminatory]7
Title II applies to all state and local governments and any of their departments, agencies, or instrumentalities. It provides that “subject to the provisions of this subchapter, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.” It addresses issues such as accessibility and exclusionary rules, practices, and equipment. (e.g. inaccessible voting venues)
The Department of Justice is charged generally with the enforcement of Title II, with the complaint then being directed to the federal agency that provides funding for the public service charged with discrimination. Remedies are the same as under §504 of the Rehabilitation Act of 1973 and include damages and reasonable attorney’s fees.
TITLE III OF THE ADA: PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY PRIVATE ENTITIES
Private entities covered by this subchapter8 are listed in §12181. This title provides 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, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.”9 It addresses issues such as accessibility, discriminatory exclusionary practices, and segregation of the disabled. It also specifies exclusions from the Act’s coverage, private entity defenses and remedies.
The Attorney General is charged with the enforcement of this title, and there is no individual cause of action for damages. Individuals may sue for injunctive relief, but the Attorney General must file actions for damages and civil fines.10
ADA AMENDMENT ACT OF 2008
In 2008, the ADA was amended by the Americans with Disabilities Act Amendments Act of 2008. The amendment included important changes to the definition of the term “disability,” specifically rejecting the holdings in several Supreme Court decisions and portions of EEOC’s ADA regulations.
THE FUTURE OF THE ADA
ADA and Almanac
Judge Donovan Frank
LAWSUITS AND THE EEOC
Equal Employment Opportunity Commission (EEOC) has had success in litigation about employment discrimination against people with developmental disabilities. Laurie Vasichek, retired Senior Litigator for the EEOC, discusses her work, including her last case, EEOC v Walmart. This court case was appealed to the 7th Circuit Court of Appeals and concluded that a job coach is considered a reasonable accommodation.
