Americans with Disabilities Act (ADA)

The Americans with Disabilities Act (ADA) became law in 1990. The ADA is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public. The purpose of the law is to ensure that people with disabilities have the same rights and opportunities as everyone else. The ADA gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, state and local government services, and telecommunications. The ADA is divided into five titles (or sections) that relate to different areas of public life.

In 2008, the Americans with Disabilities Act Amendments Act (ADAAA) was signed into law and became effective on January 1, 2009. The ADAAA made a number of significant changes to the definition of “disability.” The changes in the definition of disability in the ADAAA apply to all titles of the ADA, including Title I (employment practices of private employers with 15 or more employees, state and local governments, employment agencies, labor unions, agents of the employer and joint management labor committees); Title II (programs and activities of state and local government entities); and Title III (private entities that are considered places of public accommodation (www.adata.org).

In addition to protection against discrimination in the workplace, the ADA provides a guarantee of access to publicly-funded and privately-owned transportation including buses, light rail and rapid rail transit systems, and Amtrak. Airlines, in areas other than employment, are covered by the Air Carrier Access Act. The same guarantee applies to facilities used by the public, including but not limited to hotels, motels, restaurants, theaters, stadiums, concert halls, grocery stores, hardware stores, shopping malls, retail stores, funeral parlors, gas stations, banks, and professional offices such as one of an accountant or attorney. Also included are parks, zoos, museums, libraries, schools, health spas, golf courses, senior citizen centers, as well as physicians’ offices and hospitals.

The services offered by state and local governments are covered, as well as access to all governmental facilities. Section 504 of the Rehabilitation Act of 1973 protects people with disabilities from discrimination in programs and activities receiving federal funding. The section of the ADA covering telecommunications requires access to telephone service as well as closed captioning and listening devices for individuals with sight and hearing loss.

The ADA does not undermine more protective and stronger state and local laws. Religious organizations are exempt from most provisions of the ADA, yet many groups are working to make their places of worship and services accessible to individuals with disabilities. 

Individuals experiencing the late effects of poliomyelitis may be using equipment such as braces, crutches, and wheelchairs for the first time and may not be aware of their rights to access as provided by the ADA. To begin to resolve problems related to any of the above issues, call 800-949-4232 (ADA National Network) to connect with your regional federally-funded ADA National Network Affiliate.