Serve New York, New Jersey, Puerto Rico, and U.S. Virgin Islands (Region 2)
Overview of the ADA
Civil rights law intended to protect the rights of people with disabilities
Aim to provide equal opportunity and inclusion in the community
Signed on July 26, 1990
Landmark legislation for protecting disability rights
What the ADA is Not
Not an agency
Not a physical place
Doesn't cover every disability-related situation (e.g., housing is mostly not covered)
Titles of the ADA
Title I: Employment (protected by the Equal Employment Opportunity Commission)
Title II: State and Local Government (protected by the Department of Justice)
Title III: Public Accommodations (businesses and non-profits, also protected by DOJ)
Title IV: Telecommunications (established relay system, for equal access, e.g., sign language users)
Title V: Miscellaneous provisions (apply across the entire law)
Who is Protected by the ADA?
Definition of Disability: A physical or mental impairment that substantially limits a major life activity, a record of such an impairment, or being regarded as having such an impairment
Major Life Activities: Hearing, seeing, walking, speaking, bodily function, learning, self-care
Disability definitions vary between laws (e.g., ADA vs. Social Security Disability)
Examples of disabilities: Blindness, deafness, intellectual disability, cancer, diabetes, depression
Exclusions: Minor and transitory conditions (e.g., a broken arm, laryngitis), illegal drug use unless in recovery
ADA doesn’t apply between private individuals, and religious entities are typically not covered (except Title I for employment)
Title I: Employment
Employers cannot discriminate against applicants or employees on the basis of disability
Employers must provide reasonable accommodations
Employers should not ask about disability status during hiring (except whether the applicant can perform essential job functions with/without accommodation)
Reasonable Accommodations: Changes that allow the employee to perform their job or access benefits (e.g., job modifications, assistive devices)
Complaint Process: Complaints can be filed with the EEOC; possible outcomes include the right to sue, EEOC filing a lawsuit, or no grounds found
Title II: State and Local Government
Full program accessibility for people with disabilities
Entities covered: public transportation, correctional facilities, courthouses, public schools, polling sites, public libraries
Program Accessibility: All activities must be accessible, possibly through relocation or policy modifications
Reasonable Modifications: Examples include helping fill out forms, ensuring on-street parking spaces, providing audiovisual aids, and supportive policies for mobility device users
Title III: Public Accommodations
Places of public accommodation (e.g., retail, restaurants, theaters) cannot deny access to goods and services
Landlord vs. Tenant Responsibility: Both are responsible for ADA compliance in leased spaces
Reasonable Modifications: Adjustments to policies to allow accessibility (e.g., admitting service animals, providing ASL interpreters)
Complaints and lawsuits can be filed with the Department of Justice
Title IV: Telecommunications
Requires phone services and relay operators for people with hearing/speech disabilities
Closed captioning requirements for federal public service announcements
Title V: Miscellaneous
Protects against retaliation for enforcing ADA rights
Effective Communication
Ensuring communication access for people with sensory disabilities
Auxiliary Aids and Services: Sign language interpreters, captioning, accessible documents, assistive listening devices
Applies to all communication forms, and cost cannot be passed to the individual
Website Accessibility
Websites should be accessible; must ensure equal access to digital content
Standards: Web Content Accessibility Guidelines (WCAG) Level AA
Questions and Concerns
Addressed questions about distinctions within ADA regarding volunteers, court accommodations, and clarity on non-covered conditions like illegal drug use