Americans with DisabilitiesAmericans with Disabilities

Americans with Disabilities Americans with Disabilities ActAct

•July 26, 1990July 26, 1990

•Signed by President George Signed by President George H. W. BushH. W. Bush

•Wide ranging civil rights lawWide ranging civil rights law

•Into effect 1992Into effect 1992

•Prohibits, under certain Prohibits, under certain circumstances, discrimination circumstances, discrimination based on disabilitybased on disability

•http://www.ada.gov/

•Gives protection against Gives protection against Americans with disabilities Americans with disabilities

•Compared with Civil Rights Act Compared with Civil Rights Act of 1964 and how it made of 1964 and how it made discrimination based on race, discrimination based on race, religion, sex, national origin, religion, sex, national origin, and other characteristics illegaland other characteristics illegal

What is a disability?What is a disability?

•““a physical or mental a physical or mental impairment that substantially impairment that substantially limits a major life activity”limits a major life activity”

•http://www.whitehouse.gov/issues/disabilities

•Determination of whether any Determination of whether any particular condition is particular condition is considered a disability is considered a disability is made on a case by case basismade on a case by case basis

•Certain conditions are Certain conditions are excluded as disabilities such excluded as disabilities such as current substance abuse as current substance abuse and transsexualityand transsexuality

Title I: EmploymentTitle I: Employment

•Employer may not discriminate Employer may not discriminate against a qualified individual against a qualified individual with a disabilitywith a disability

•Job application procedures, Job application procedures, hiring, advancement, or hiring, advancement, or discharge of employees, discharge of employees, worker’s compensation, job worker’s compensation, job trainingtraining

•Employer would be an Employer would be an employment agency, labor employment agency, labor organization, interstate organization, interstate commerce, and having 15 or commerce, and having 15 or more workersmore workers

What would be What would be discrimination?discrimination?

•Limiting or classifying a job Limiting or classifying a job applicant or employeeapplicant or employee

•Denying employment Denying employment opportunities to people who opportunities to people who truly qualifytruly qualify

•Not making reasonable Not making reasonable accommodations to the accommodations to the known physical or mental known physical or mental limitations of disabled limitations of disabled employeesemployees

•Not advancing employees Not advancing employees with disabilities in the with disabilities in the businessbusiness

•Not providing needed Not providing needed accommodations in trainingaccommodations in training

Title II: Title II: Public Service/TransportationPublic Service/Transportation

•No qualified individual with a No qualified individual with a disability shall be subjected disability shall be subjected to discrimination or excluded to discrimination or excluded from the benefits of the from the benefits of the services, programs, or services, programs, or activities or a “public entity”activities or a “public entity”

What is a “public entity”?What is a “public entity”?

•Any state or local Any state or local government or any government or any department or agencydepartment or agency

•Lack of accessibility or Lack of accessibility or certain services can be certain services can be considered discrimination, considered discrimination, regardless of who it actually regardless of who it actually affectsaffects

•Lack of wheelchair accessibility Lack of wheelchair accessibility in passenger cars, or even the in passenger cars, or even the leasing of wheelchair leasing of wheelchair inaccessible ones without a inaccessible ones without a “good faith” attempt to lease “good faith” attempt to lease wheelchair accessible ones is wheelchair accessible ones is discriminationdiscrimination

Title III:Public Title III:Public AccommodationsAccommodations•No individual may be No individual may be

discriminated against on the discriminated against on the basis of disability with regards to basis of disability with regards to the full and equal employment of the full and equal employment of the goods, services, facilities, or the goods, services, facilities, or accommodations of any place of accommodations of any place of public accommodation by any public accommodation by any person who owns, leases, or person who owns, leases, or operates a place of public operates a place of public accommodationaccommodation

What is “public What is “public accommodation”?accommodation”?

•Most places of lodging (such Most places of lodging (such as inns, hotels) recreation, as inns, hotels) recreation, transportation, education, transportation, education, and dining, along with stores, and dining, along with stores, care providers, and places of care providers, and places of public displayspublic displays

•Standard is one of “readily Standard is one of “readily achievable”achievable”

•Easily and inexpensively doneEasily and inexpensively done

ExceptionsExceptions

•Private clubsPrivate clubs

•Religious organizationsReligious organizations

•Historical landmarks Historical landmarks

TelecommunicationsTelecommunications

•Equivalent services for Equivalent services for consumers with disabilities- consumers with disabilities- notably those who are deaf or notably those who are deaf or hard of hearing and those hard of hearing and those with speech impairmentswith speech impairments

•Installation of public Installation of public Teletypewriter (TTY) Teletypewriter (TTY) machines and other TDDs machines and other TDDs (Telecommunications Device (Telecommunications Device for the Deaf)for the Deaf)

•Telecommunications Relay Telecommunications Relay Services (TRS)Services (TRS)

•Many calls are made over the Many calls are made over the Internet by consumers todayInternet by consumers today

•May be VRS (video relay May be VRS (video relay services), while others are text services), while others are text callscalls

•Communication assistants Communication assistants translate between the translate between the signed/typed words of a consumer signed/typed words of a consumer and the spoken words of othersand the spoken words of others

•Has made it not only possible, Has made it not only possible, by very easy, for people who by very easy, for people who are deaf, hard of hearing, are deaf, hard of hearing, and/or speech-impaired to call and/or speech-impaired to call friends and co-workers, order friends and co-workers, order a pizza, or make a doctor a pizza, or make a doctor appointmentappointment

CriticismCriticism

•Conservatives claim that Conservatives claim that lesser disabilities including lesser disabilities including clinical depression or minor clinical depression or minor neck or back pain are being neck or back pain are being accommodated when they accommodated when they should not beshould not be

•ADA allegedly creates a class ADA allegedly creates a class of “professional plaintiffs” of “professional plaintiffs” who make a living out of who make a living out of collecting monetary damages collecting monetary damages from noncompliant from noncompliant businessesbusinesses

•Even those who support the Even those who support the intent of the law worry that it intent of the law worry that it might have unintended might have unintended consequencesconsequences

•Could the Act create Could the Act create additional legal risks for additional legal risks for employers who then try to employers who then try to avoid hiring people with avoid hiring people with disabilities to avoid the risk?disabilities to avoid the risk?

•Researchers claim that there Researchers claim that there has been a sharp drop in has been a sharp drop in employment among the employment among the disabled after passage of the disabled after passage of the ActAct

•Some feel that the law is Some feel that the law is ineffectual- and that even ineffectual- and that even stronger legislation is needed stronger legislation is needed to achieve the Act’s intended to achieve the Act’s intended goalsgoals

•Libertarians believe Libertarians believe accommodation laws restrict accommodation laws restrict the free marketthe free market

ADA Amendment Act ADA Amendment Act (ADAAA)(ADAAA)

•Sept 25, 2008Sept 25, 2008•Effective Jan 1, 2009Effective Jan 1, 2009•Supported by more than 220 Supported by more than 220

national organizationsnational organizations•House vote 402 to 17House vote 402 to 17•Unanimously passed the Unanimously passed the

SenateSenate

Why did it need amending?Why did it need amending?

•Definition of disability had Definition of disability had been based on Rehabilitation been based on Rehabilitation Act of 1973Act of 1973

•Supreme Court in 1999 Supreme Court in 1999 started to narrow the started to narrow the definitiondefinition

Supreme Court CasesSupreme Court CasesBragdon v. Abbott (1998) (1998)

The Court holds that HIV infection The Court holds that HIV infection qualifies as a disability under the qualifies as a disability under the Americans with Disabilities Act (ADA).Americans with Disabilities Act (ADA).

Murphy v. United Parcel Service, Inc. (1999) (1999)In this case, the Court explains how to In this case, the Court explains how to determine whether an impairment determine whether an impairment "substantially limits" a major life activity "substantially limits" a major life activity under the Americans with Disabilities Act under the Americans with Disabilities Act (ADA).(ADA).

Sutton v United Air LinesSutton v United Air Lines

•When you determine whether an When you determine whether an individual has a disability under individual has a disability under the ADA- you have to consider the ADA- you have to consider the effects of mitigating the effects of mitigating measures- corrective lenses, measures- corrective lenses, medications, hearing aids, medications, hearing aids, prosthetic devicesprosthetic devices

•Is the impairment “substantially” Is the impairment “substantially” limiting?limiting?

•2002- Toyota v Williams2002- Toyota v Williams

•““Substantially” is the focusSubstantially” is the focus

•Said it means “considerably” Said it means “considerably” or “to a large degree”or “to a large degree”

•““Major life activity” must be Major life activity” must be something that has central something that has central importance to most people’s importance to most people’s daily livesdaily lives

•ADAAA states that an ADAAA states that an impairment that substantially impairment that substantially limits one major life activity limits one major life activity need not limit other major life need not limit other major life activities to be considered a activities to be considered a disabilitydisability

Examples of sample Examples of sample accommodationsaccommodations

•Depression:Depression:

•Schedules with flex time, part Schedules with flex time, part time or job sharingtime or job sharing

•Time off for medical Time off for medical appointments or support appointments or support groupsgroups

•Break time according to individual Break time according to individual needs rather than fixed scheduleneeds rather than fixed schedule

•Physical arrangements to reduce Physical arrangements to reduce noise or visual distractions noise or visual distractions (partitions or separate office)(partitions or separate office)

•Worker can phone supportive Worker can phone supportive friends, family, professionals friends, family, professionals during work dayduring work day

•Key concept with employees and Key concept with employees and employers is that the disability employers is that the disability must be known by the employermust be known by the employer

•Employer is forbidden to ask- so Employer is forbidden to ask- so employee must confer with employee must confer with employer about itemployer about it

•It is NOT discrimination if It is NOT discrimination if employer wasn’t aware of illnessemployer wasn’t aware of illness

•Obesity:Obesity:

•Person must show they have Person must show they have a disabilitya disability

•Courts are increasingly willing Courts are increasingly willing to consider obesityto consider obesity

•1996: New Hampshire1996: New Hampshire

•Teacher claimed she was Teacher claimed she was fired because of her weight- fired because of her weight- evidence reflected student evidence reflected student perceptions based on her size perceptions based on her size that she was less intelligentthat she was less intelligent

•1997: Pennsylvania1997: Pennsylvania

•Man fired- stated former Man fired- stated former manager had made manager had made derogatory comments about derogatory comments about weightweight

Students with DisabilitiesStudents with Disabilities

•Public schools must abide by Public schools must abide by Section 504 of Rehabilitation Section 504 of Rehabilitation Act of 1973 and Title II of ADAAct of 1973 and Title II of ADA

•Prohibit discrimination on Prohibit discrimination on basis of disability basis of disability

•Must promote equal access of Must promote equal access of and participation in programs and participation in programs and servicesand services

•Students with disabilities Students with disabilities receive benefits and services receive benefits and services comparable to those given to comparable to those given to their nondisabled peerstheir nondisabled peers

•Schools cannot discriminate Schools cannot discriminate by denying a student the by denying a student the opportunity to participate opportunity to participate from a benefit or servicefrom a benefit or service

•Must provide the opportunity Must provide the opportunity to participate from a benefit to participate from a benefit or service that is equal to or service that is equal to those provided to othersthose provided to others

•Must provide a benefit or Must provide a benefit or service that is as effective as service that is as effective as services given to othersservices given to others

•Must not provide a lower Must not provide a lower quality benefit than those quality benefit than those provided othersprovided others

•Children with disabilities must be Children with disabilities must be educated with their nondisabled educated with their nondisabled peers “to the maximum extent peers “to the maximum extent appropriate” “removal…from the appropriate” “removal…from the regular educational environment” regular educational environment” occurs “only when the nature or occurs “only when the nature or severity of the disability is such severity of the disability is such that regular classes with the use that regular classes with the use of supplementary aids and of supplementary aids and services cannot be achieved services cannot be achieved satisfactorily.”satisfactorily.”

Reasonable Reasonable accommodationsaccommodations

•Modifying rules, policies or Modifying rules, policies or practices, removing practices, removing architectural or architectural or communication barriers, communication barriers, providing aids, services or providing aids, services or assistive technologyassistive technology

•For some students the method of For some students the method of teaching some or all of the teaching some or all of the curriculum may need to be curriculum may need to be modifiedmodified

•Pull out programs, resource rooms, Pull out programs, resource rooms, provide services into regular provide services into regular education classes, diluted education classes, diluted curriculum in programscurriculum in programs