The Americans with Disabilities Act of 1990: What It Covers and Why It’s Important
Written by Cooper & Friedman PLLC on October 23, 2017
In 1990, President George H.W. Bush signed the Americans with Disabilities Act (ADA) into law. The ADA is considered to be one of the most in-depth and comprehensive pieces of legislation regarding civil rights and is an “equal opportunity” law for Americans who are disabled. The ADA guarantees that disabled persons are allowed the same rights and opportunities as mainstream Americans including:
- Employment opportunities
- Purchasing of goods
- Participation in government programs
The ADA was closely modeled after President Lyndon Johnson’s Civil Rights Act of 1964 which prohibits discrimination based on race, religion, color of skin, sex, or national origin. In order to be protected under the ADA, one must be disabled, or have a disability, which is outlined as an impairment of physical or mental capabilities that sets limitations on daily life activities. Someone with a history of disability or someone who is thought of by others as disabled may also qualify for the ADA. However, unlike the Civil Rights Act of 1964, the ADA does not have a list of impairments that are covered under it.
Eighteen years later, George H.W. Bush’s son and president at the time – George W. Bush – amended the ADA. On the first day of 2009 those changes were made effective. The amendment proposed and eventually put into place by G. W. Bush broadened the definition of the term ‘disability’ to cover a larger number of Americans.
Why Is The Americans with Disabilities Act Important?
There are many reasons that the Americans with Disabilities Act is important to the growth of the American people. According to the Census Bureau, in 2010, disabled Americans made up 19% of the population of the United States. Thanks to the ADA that percentage of the population now has better access to public services, better accessibility in the modern world environment, and, finally, the able-bodied population has a better understanding of people with disabilities.
However, one of the most important feats of the ADA was the discrimination that it protected disabled citizens from experiencing. Five major titles make up the Americans with Disabilities Act and cover various discrimination scenarios. Those five titles include:
- Employment
- Public Entities including Transportation
- Public & Commercial Accommodations
- Telecommunications
- Miscellaneous
These five titles specifically protect disabled people from both intentional and unintentional discrimination in a variety of scenarios. The ADA also provides protective coverage specifically for service animals belonging to or assisting disabled citizens.
Title I – Employment
Under Title I of the ADA, disabled persons are protected from discrimination in the workplace. This title protects every phase of employment from the application process to hiring to advancement or letting go. Other workplace scenarios covered including job training and privileges of employment. If an employer is found refusing to hire someone or firing them because of a disability, they are in violation of Title I of the ADA and can be severely penalized.
Title II – Public Entities Including Transportation
All public entities at a local level including: school, municipal, city, state, and/or county buildings must comply with Title II of the ADA. Title II sets the regulations over program and service access to all of the aforementioned entities. Public transportation, consequently, must provide access to the disabled including Amtrak and other commuting authorities. This portion of Title II required that public transportation routes be rerouted to allow more readily-available access to the disabled. This title also applies to all public housing at both local and state levels.
Title III – Public & Commercial Facility Accommodations
Title III is the most extensive title in the American with Disabilities Act and requires that no disabled individual be unable to experience full enjoyment of services, facilities, goods, and accommodations offered by a public place of business. Under this title, all new construction projects had to be found in compliance with the guidelines set by the Code of Federal Regulations. This regulation requirement started after the day the ADA went into effect. However, there are exceptions to Title III including private clubs and religious organizations. Historic properties are also not required to be compliant with Title III.
Title IV – Telecommunications
Title IV dealt with telecommunications in America and most of this title amended the Communications Act of 1934 which was, at the time, a landmark act for the United States. This title consequently added a section to the Act that required all communication facilities to ensure their services and products were functional for those who were deaf, hard of hearing, or with speech impairments. This title led to the creation of Telecommunications Relay Services. This service is used in all 50 states and Washington D.C. to benefit the disabled population.
Title V – Miscellaneous
Title V also covers other miscellaneous situations that are not covered in the first four titles of the ADA. Mainly it states the ADA doesn’t override Section 504 of the Rehabilitation Act which guarantees rights to disabled people.
Thanks to the Americans with Disabilities Act of 1990, the United States is much more accessible and accepting than before. However, the ADA does not ensure that all business, corporations, and public places are complying with the laws. While the ADA sets the new standards, it does not enforce those standards. It is up to local and state politicians, along with the federal government, to make sure the business owners, leaders, and community members are upholding the standards set by the ADA.