What is the Americans with Disabilities Act (ADA)?

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 open to the general public. The goal of the ADA is to ensure that people with disabilities have the same rights and opportunities as everyone else.

Who is protected under the ADA?

The ADA protects individuals who have a physical or mental impairment that substantially limits one or more major life activities, individuals who have a history or record of such an impairment, or individuals who are perceived by others as having such an impairment. It is not limited to specific disabilities.

What are the main titles of the ADA?

The ADA is divided into five titles:

• Title I covers employment and requires employers with 15 or more employees to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities available to others.
• Title II pertains to public services (including public transportation) provided by state and local governments. It requires that public services be accessible to individuals with disabilities.
• Title III covers public accommodations and services operated by private entities. It mandates that all new construction and modifications must be accessible to individuals with disabilities.
• Title IV addresses telecommunications, requiring telephone and Internet companies to provide a system of services that allow individuals with speech or hearing disabilities to communicate over the telephone.
• Title V contains miscellaneous provisions that cover things like retaliation and attorney fees.

How does the ADA define ‘disability’?

Under the ADA, a person has a disability if they have a physical or mental impairment that substantially limits one or more major life activities, have a history of such an impairment, or are perceived by others as having such an impairment.

What is considered a ‘reasonable accommodation’?

A reasonable accommodation is a modification or adjustment to a job, the work environment, or the way things are usually done during the hiring process. These modifications enable an individual with a disability to have an equal opportunity not only to get a job but also to perform their job tasks to the same extent as people without disabilities.

How can someone file a complaint if they believe their rights under the ADA have been violated?

Individuals can file a complaint with the relevant federal agency. Employment complaints can be filed with the Equal Employment Opportunity Commission (EEOC), while complaints about public accommodations can be filed with the Department of Justice (DOJ). The process involves submitting a formal complaint detailing the alleged discrimination.

Can businesses be fined for not complying with the ADA?

Yes, businesses can face legal and financial penalties for failing to comply with the ADA. This can include civil penalties imposed by the Department of Justice, as well as compensatory damages and legal fees awarded to the complainant in a lawsuit.

How does the ADA impact online businesses and digital content?

The ADA’s requirements for accessibility also extend to digital content and online services. This means websites, mobile apps, and other digital platforms need to be accessible to individuals with disabilities. Although specific regulations for digital accessibility under the ADA are still evolving, following the Web Content Accessibility Guidelines (WCAG) is widely regarded as best practice for ensuring digital accessibility.

What is the difference between the ADA and the Rehabilitation Act of 1973?

The Rehabilitation Act of 1973 is a federal law that prohibits discrimination on the basis of disability in programs conducted by Federal agencies, in programs receiving Federal financial assistance, in Federal employment, and in the employment practices of Federal contractors. The key distinction is that the Rehabilitation Act applies to federal entities and programs, whereas the ADA applies more broadly to public and private sectors, including employers with 15 or more employees, public accommodations, commercial facilities, transportation, and telecommunications.

Are small businesses exempt from the ADA?

No, small businesses are not exempt from the ADA. However, Title I of the ADA, which covers employment, applies only to employers with 15 or more employees. Title III, which addresses public accommodations and commercial facilities, applies to businesses of any size. Small businesses are required to provide equal access and make reasonable accommodations unless doing so would cause an undue burden, a term that is interpreted within the context of the business’s size and resources.

What constitutes an “undue burden” under the ADA?

An undue burden is a significant difficulty or expense in relation to the size, resources, nature, and structure of an employer’s operation. When considering what accommodations might constitute an undue burden, factors such as the cost of the accommodation, the overall financial resources of the facility or the company, and the impact of the accommodation on the operation of the business are taken into account.

How are service animals addressed under the ADA?

The ADA defines a service animal as a dog that has been individually trained to do work or perform tasks for an individual with a disability. The task(s) performed by the dog must be directly related to the person’s disability. In some cases, a miniature horse may also qualify as a service animal. Public accommodations and employers are generally required to allow service animals to accompany people with disabilities in all areas where the public is allowed to go.

Can an employer ask an employee about their disability under the ADA?

Employers can ask about an employee’s ability to perform job-related functions but generally cannot make inquiries about an employee’s disability or require medical examinations unless such inquiries are job-related and necessary for the conduct of the employer’s business. After a job offer has been made, employers can ask about disabilities and require medical examinations as long as this is done for all employees in similar jobs.

How does the ADA address temporary impairments?

The ADA does not typically cover temporary, non-chronic impairments that do not last for a long time and have little or no long-term impact. However, the ADA Amendments Act of 2008 made it clear that an impairment does not have to be permanent or long-term to be considered substantially limiting. The determination must be made without regard to the ameliorative effects of mitigating measures such as medication or assistive devices, except for ordinary eyeglasses or contact lenses.