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Americans with Disabilities Act

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Title: Americans with Disabilities Act


1
Americans with Disabilities Act
  • By
  • Jason Butler
  • Taft Kelly

2
Background Info
  • President George H. Bush signed into law the ADA
    on July 26, 1990
  • He described this law as a historic new civil
    rights act, which was the worlds first
    comprehensive declaration of equality for people
    with disabilities
  • Almost everyone supported this act
  • Senate passed its version by a 76 to 8 vote
  • House of Representatives passed its bill 403 to 20

3
Background Info..
  • Americans with Disabilities Act of 1990 came
    effective for employers and employees on July 26,
    1992
  • Title I became effective for employers who had 25
    or more employees at this time
  • Title I than came effective for employers with 15
    or more employees on July 26, 1994

4
What this Act states
  • The law is comprised of five titles that prohibit
    discrimination against disabled persons within
    the United States
  • Title I and II are the primary sections that
    affect local government.

5
Title I
  • Prohibits employers, including cities and towns,
    from discriminating against qualified job
    applicants and workers who are or who become
    disabled. The law covers all aspects of
    employment including the application process and
    hiring, training, compensation, advancement, and
    any other employment term, condition, or
    privilege.

6
Title II
  • Prohibits state and local governments from
    discriminating against disabled persons in their
    programs and activities. Title II also sets forth
    the applicable structural accessibility
    requirements for public entities.

7
Title III
  • Prohibits private enterprises who provide public
    accommodations and services (e.g., hotels,
    restaurants, and transit systems) from denying
    goods, services and programs to people based on
    their disabilities. Title III also sets forth the
    applicable structural accessibility requirements
    for private entities.

8
Title IV and V
  • Title IV makes available telecommunications
    devices and services for the hearing and speech
    impaired. These regulations spell out certain
    mandatory minimum standards telephone companies
    must maintain to be in compliance with ADA..
  • Title V includes some miscellaneous provisions
    that relate to the construction and application
    of the ADA.

9
Purpose of this Act
  • To strike a balance between the reasonable
    accommodation of citizens needs and the capacity
    of private and public entities to respond
  • Not an affirmative action law but is intended to
    eliminate illegal discrimination and level of
    playing field for disabled individuals
  • Opens up services and employment opportunities to
    the 43 million Americans with disabilities

10
Who is considered disabled?
  • A person who has a physical or mental impairment
    that substantially limits one or more major life
    activities
  • A person has a record of such an impairment or is
    regarded as having such an impairment
  • A qualified employee or applicant with a
    disability is someone who can perform essential
    functions for the job

11
Examinations for Disabled Applicants
  • An employer cannot ask about the existence,
    severity, or nature of the disability
  • Employers can ask about their ability to perform
    specific job functions
  • A job offer could be effected by examinations
    only if the examinations are done for each
    potential employee

12
Accommodations for Disabled Employees
  • An employer must have facilities that are
    accessible and usable by persons with
    disabilities
  • Job restructuring or modifying work schedules
  • Acquiring or modifying work equipment and devices
  • Different training materials
  • Providing qualified interpreters or readers

13
Department of Labor Survey
  • People with disabilities want common
    accommodations such as
  • Accessible parking or accessible public transit
    stop nearby-19
  • Need for an elevator-17
  • Adaptations to work station-15
  • Special work arrangements-12
  • Handrails and ramp-10.4

14
ADA Accessibility Guidelines
  • F\ADA Accessibility Guidelines.htm
  • Ramps
  • Bathrooms
  • Walkways
  • Doors
  • Surfaces
  • The Architectural and Transportation Barriers
    Compliance Board, or the Access Board, issues
    guidelines to ensure building and facilities are
    accessible and usable by disabled individuals

15
Statistics About People with Disabilities and
Employment
  • Reasons people with disabilities are discouraged
    from looking for work are
  • No appropriate jobs available-52
  • Family responsibilites-34
  • Lack of transportation-29
  • No appropriate information-23
  • Inadequate training-21.6
  • Fear of losing health insurance-20.1
  • Discouraged from working by family and
    friends-14

16
Drug and Alcohol Abuse
  • Employees engaging in these acts are not covered
    under the ADA
  • Tests for illegal drugs are not subject to the
    ADA's restrictions on medical examinations

17
Four Federal Agencies that Enforce the ADA
  • Equal Employment Opportunity Commission
  • Enforces regulations covering employment.
  • Department of Transportation
  • Enforces regulations governing transit.
  • Federal Communications Commission
  • Enforces regulations covering telecommunication
    services.
  • Department of Justice
  • Enforces regulations governing public
    accommodations and state and local government
    services.

18
Harris Poll
  • In the 2002 Harris Poll, of the 77 of Americans
    that were aware of this act, 93 of them reported
    they approved and agreed of it.
  • 90 percent of the executives surveyed said that
    they supported the ADA.
  • Besides the negative media, this act seems to be
    approved and used by mainly all organizations

19
Cases
  • PGA Tour, Inc. v. Martin
  • Martin covered by Title III
  • Sutton v. United Air Lines, Inc.
  • Twin sisters did not have a disability that met
    the standard under the ADA because there
    disability did not limit one or more life
    activities. Air Lines did not discriminate
    because there decision was based upon job
    performance

20
More Cases
  • Murphy v. United Parcel Service, Inc.
  • High blood pressure not considered a disability
    under the ADA

21
Effects of the ADA upon organizations
  • Organizations cant expand or build on without
    having accessibility for persons with
    disabilities.
  • ADA contains detailed provisions for public
    transportation systems so that discrimination
    against persons with disabilities does not occur.
  • Job accommodations for workers with disabilities
    are more common because of these provisions.
  • Has eliminated many discriminatory practices by
    private business and federal agencies

22
Impact of the ADA
  • It has brought the principle of disability civil
    rights into the mainstream of public policy. The
    law, coupled with the disability rights movement
    that produced a climate where such legislation
    could be enacted, has impacted fundamentally the
    way Americans perceive disability. The placement
    of disability discrimination on a par with race
    or gender discrimination exposed the common
    experiences of prejudice and segregation and
    provided clear rationale for the elimination of
    disability discrimination in this country.The
    ADA has become a symbol, internationally, of the
    promise of human and civil rights, and a
    blueprint for policy development in other
    countries. It has changed permanently the
    architectural and telecommunications landscape of
    the United States. It has created increased
    recognition and understanding of the manner in
    which the physical and social environment can
    pose discriminatory barriers to people with
    disabilities. It is a vehicle through which
    people with disabilities have made their
    political influence felt, and it continues to be
    a unifying focus for the disability rights
    movement.

23
Works Cited
  • ADA Accessibility Guidelines.htm
  • Disabilites solutions.htm
  • www.dol.gov/oped/archives/ek01/stats.htm
  • http//neuro.law.cornell.edu
  • www.eeoc.gov/facts/fs-ada.html
  • www.mrsc.org/Subjects/Legal/ada/adainfo.aspx
  • www.dol.gov/dol/topic/disability/ada.htm
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