To finish the series on disability law, we need to look at the Americans with Disabilities Act of 1990. Known to the general public as the act that caused all the handicapped parking spaces, ramps and wheelchair access restrooms, this act prohibits discrimination on the basis of disability in employment, public accommodations, transportation and telecommunications.

The three basic obligations under ADA are to:

1. not discriminate based on disability.

2. provide effective communication to those with disabilities

3. provide physical access

The ADA has five Titles, each dealing with a different aspect of the law.

Title I covers Employment and applies to all employers with 15 or more employees. The law prohibits what I call “global” discrimination against those with disabilities when hiring and restricts the type of questions that can be asked of an applicant. Title I complaints are filed under the U.S. Equal Employment Opportunity Commission (EEOC).

Title II covers State and Local Government Activities and requires those governments to give people with disabilities equal opportunity to benefit from all programs, services and activities (including public education, employment, transportation, recreation, health care, social services, courts, voting and public meetings). Complaints of Title II violations are filed with the U.S. Department of Justice.

Note on Schools: Public school education issues are usually handled through IDEA or Section 504 of the Rehabilitation Act, not through ADA. However, private schools (non religious) are required to provide the same education services to students with disabilities that they do to those without disabilities. One of the biggest differences between ADA and IDEA in schools is that under ADA there is no obligation on the part of the schools to provide personal services or devices. However, under IDEA, if a student is identified as needing an FM system to hear the lesson or as needing personal assistance (in toileting for instance), then the school is required to provide these services and devices specified in the child’s IEP.

Title III covers Public Accommodations in any privately operated entity that serves the public. Restaurants, retail stores, hotels, movie theatres, and recreational centers are just a few of the entities covered under this title. Complaints under this title are also filed with the U.S. Department of Justice.

Title IV covers Telecommunications Relay Services – telephone and television for those with hearing and speech disabilities. Complaints under this title are filed with the Federal Communications Commission.

Title V is Miscellaneous.


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