Americans with Disabilities Act Overview
Published: November 4, 2013
If you are confined to a wheelchair or disabled in some other capacity, you still enjoy freedoms and rights under Federal law. The Americans with Disabilities Act, enacted by Congress in 1990, is a wide-ranging civil rights law that prohibits against discrimination based on disability. The law is manifested in a number of different ways, from protecting against employment discrimination to ensuring that disabled Americans enjoy the same access as able-bodied citizens to public venues, businesses, and other like places. As important as the Civil Rights Act of 1964, this landmark legislation serves to protect a minority and under-represented class of citizens so that they can enjoy equality under the law.
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We encourage you to learn more about the Americans with Disabilities Act (ADA) if you or someone you love is confined to a wheelchair. Knowing your rights can help you take action and pinpoint when those rights are being violated. At Precision Repair Network, we are advocates for our customers and believe strongly that they deserve to be treated equally. It is our hope that this overview of the Americans with Disabilities Act of 1990 will prove informative and helpful.
Defining "Disabled"
According to recent Census data, roughly 1 in 5 Americans have some type of disability, and 1 in 10 have a severe disability. With more than 300 million citizens in the United States, this means that there are upwards of 60 million disabled Americans. Suffice to say, that is no small number. For this reason, it is extremely important that this minority group be fairly represented and protected. The Americans with Disabilities Act aims to do that.
The law defines a disability as "… a physical or mental impairment that substantially limits a major life activity." The legislation further defines a "major life activity" as including "caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working." If you suffer from a physical ailment that confines you to a wheelchair, you are protected under ADA legislation.
Protections under the Law
The Americans with Disability Act provides protection in a number of different ways, all of which are outlined in total in the current text of the ADA legislation. However, in summary, these protections include:
Employment
Title I of the landmark ADA legislation covers employment. In it, it states that no covered entity (employer, employment agency, labor organization, or joint labor-management committee) shall discriminate against a qualified individual with a disability. So what does this mean, exactly? It means that if your disability does not interfere with your ability to complete the requirements of a job position (or does not interfere with your ability to complete the requirements of a job position given appropriate, fair, and reasonable accommodation), then you cannot be discriminated against when the position is being filled.
It is important to note that this does not mean that disabled individuals are eligible for all job positions. If someone is disabled due to blindness, then the law does not allow for that individual to be a candidate for a bus driving position, as part of the requirements for said job would be healthy vision. Your disability must not impair your qualifications for the job being sought.
Public Entities and Transportation
The Americans with Disability Act's Title II ensures that no public entity (e.g., school districts; government facilities; municipal, city, county, or state governing bodies or organizations) shall discriminate against individuals with disabilities. This extends to the following:
- May not refuse to allow a person with a disability to participate in a service or program
- Must provide programs and services in an integrated setting
- Must eliminate unnecessary eligibility standards or rules that deny disabled individuals
- Are required to make reasonable accommodations in policies, practices, and procedures
- May provide special benefits, beyond those required by the regulation, to individuals with disabilities
These are among the protections in place for individuals with disabilities. If you are confined to a wheelchair, you cannot be denied participation in a government service or program nor access to public transportation.
Public Accommodations and Commercial Facilities
Title III of the ADA legislation states that no person should be discriminated against due to disability, or denied the equal and full enjoyment of goods and services, by a public accommodation or individual who operates a public accommodation. Examples of public accommodations and facilities include:
- Inn, hotel, motel, or other place of lodging
- Restaurant, bar, coffee shop, or other food establishment
- Movie theater, concert hall, auditorium, stadium, or other place of exhibition
- Convention center, lecture hall, square, or other place of public gathering
- Bakery, grocery store, clothing store, hardware store, shopping center, or other sales or rental establishment
- Laundromat, bank, barber shop, beauty shop, travel service, funeral parlor, gas station, pharmacy, professional office, health office, or other service establishment
- Museum, library, gallery, or other place of display or collection
- Terminal, metro station, depot, or other station used for public transportation
- Park, zoo, amusement park, or other place of public recreation
- Nursery; elementary, secondary, undergraduate, or post-graduate private school; or other place of education
- Gymnasium, health spa, bowling alley, golf course, or other place of exercise or physical recreation
- Day care center, senior citizen center, homeless shelter, food bank, adoption agency, or other social service establishment
If a business or government-operated facility is open to the public, then that establishment is required to make reasonable accommodations to provide for individuals with disabilities, and must not discriminate against them.
Telecommunications
Known as Title IV, this clause requires that all telecommunications companies within the United States must take appropriate steps to ensure functionally equivalent services for consumers with disabilities. Title IV of the ADA legislation is primarily directed to those individuals who are deaf, hard of hearing, suffer from speech impairment, or are blind. Examples of this clause in practice include:
- Teletypewriter (TTY) machines
- Telecommunications Device for the Deaf (TDD)
- Telecommunications Relay Services (TRS)
- Video Relay Services (VRS)
- Closed Captioning
These systems are in place so that disabled individuals can enjoy the full and equal enjoyment of telecommunication services.
Know Your Rights!
At Precision Repair Network, we are champions for your cause and want to help in whatever capacity that we can. We believe that by educating yourself on the issues that directly affect you, you can make informed decisions and protect your rights. Whether you are disabled or someone you love is disabled and confined to a wheelchair, you are guaranteed equal protection under the law!
