People with Disabilities: How ADA Protects the Vulnerable
Image Courtesy: ADA.gov
The Americans with Disabilities Act (ADA), signed into law in 1990 by George H.W. Bush, is a landmark civil rights legislation designed to protect individuals with disabilities from discrimination. According to the CDC, 61 million adults (28.7%) in the United States live with a disability (equalling more than 1 in 4 adults).
CDC: View of a snapshot of disability in the United States.
The ADA ensures disabled people have equal access to the same rights and opportunities as every American when it comes to:
Employment.
Public Services.
Public Accommodations.
Telecommunications.
Miscellaneous Provisions.
What is the ADA?
The ADA is divided into five titles (or sections), each addressing a different aspect of public life.
Official Logo of the Americans With Disabilities Act
Title I – Employment
Prohibits discrimination against individuals with disabilities in the workplace and requires employers with 15 or more employees to provide reasonable accommodations to qualified applicants or employees with disabilities.
Title II – Public Services
Ensures state and local government programs, services, and activities are accessible to individuals with disabilities. This includes public transportation, voting, and access to government facilities.
Title III – Public Accommodations
Prohibits discrimination in places of public accommodation, such as restaurants, hotels, theaters, and retail stores. It also requires new construction or renovations of facilities to meet ADA standards for accessibility.
Title IV – Telecommunications
Mandates telephone and internet companies provide relay services to people with hearing and speech disabilities, ensuring communication access.
Title V – Miscellaneous Provisions
Contains various provisions, including protections:
Against retaliation and coercion for individuals exercising their ADA rights and
Clarifications on how the ADA interacts with other laws.
But these laws are just the beginning. They must also be enforced for the intended individuals to benefit fully.
Americans with Disabilities Act (ADA): Myths and Facts
How ADA Laws Are Enforced
The ADA provides a framework for protecting individuals with disabilities, but enforcement depends on the following entities and mechanisms.
EEOC Official Seal
Federal Agencies Enforcing the ADA
Equal Employment Opportunity Commission (EEOC): The EEOC enforces Title I, which covers employment discrimination. Individuals can file complaints with the EEOC if they believe they have been discriminated against in the workplace due to their disability.
In 2008, the Americans with Disabilities Act Amendments Act was signed into law to make it easier for disabled individuals to seek protection under the ADA.
The DOJ Logo
Department of Justice (DOJ): The DOJ enforces Titles II and III, focusing on public services and accommodations. It investigates complaints and can take legal action against entities that violate the ADA. Individuals can also file lawsuits directly in federal court if they experience discrimination.
The FCC Logo
Federal Communications Commission (FCC): The FCC enforces Title IV regarding telecommunications, ensuring people with disabilities can access communication services.
2. Private Lawsuits
Individuals who believe their ADA rights were violated can file lawsuits against employers, businesses, and other entities. These lawsuits can seek remedies, including:
Changes to policies.
Compensation for damages; or
Accessibility improvements.
The ADA encourages mediation and alternative dispute resolution before pursuing litigation, but filing a private lawsuit remains a primary enforcement tool.
3. State and Local Agencies
In addition to federal oversight, state and local agencies often work hand-in-hand with federal agencies to ensure ADA compliance. Many states have laws that mirror or expand upon the ADA, providing additional protections for disabled individuals. Some cities and states have their own regulatory bodies that handle ADA-related complaints and can impose fines or penalties for non-compliance.
4. Compliance Reviews and Audits
Government agencies, like the DOJ, regularly conduct compliance reviews and audits of public entities and businesses. These reviews assess whether ADA requirements are being met and can result in fines, mandates for improvement, or legal action if violations are found. Companies must comply with ADA design standards, particularly those undergoing renovations or expansions.
Conclusion
The Americans with Disabilities Act is a critical piece of legislation protecting individuals with disabilities from discrimination in daily life. Enforcement is carried out by various federal agencies, through private lawsuits, and via state and local regulatory bodies. The ultimate goal is to create a more inclusive society where individuals with disabilities have equal access to opportunities, services, and accommodations.
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