Americans with Disabilities Act
Historically, society has tended to isolate and segregate individuals with disabilities, and, despite some improvements, such forms of discrimination against individuals with disabilities continue to be a serious social problem.
Some 54,000,000 Americans have one or more physical and/or mental disabilities and the number is increasing as the population grows older.
Individuals who have experienced discrimination on the basis of disability have often had no legal recourse to address such discrimination. Individuals with disabilities continually encounter various forms of discrimination including, outright intentional exclusion, the discrimatory effects of architectural, transportation, and communication barriers and, failure to make modifications to existing facilities and practices.
Individuals with disabilities are a minority who have been faced with limits and restrictions , subjected to a history of unequal treatment and relegated to a position of political powerlessness in our society. This has been based on characteristics that are beyond the control of such individuals, and resulting from stereotypes of people's ability to participate in and contribute to society.
Our Nation's proper goals regarding people with disabilities are to assure equality of opportunity, full participation in society, independent living, and economic self-sufficiency for such individuals.
Thus in 1990, Congress passed the Americans with Disabilities Act (ADA). The purpose of this Act is:
- To provide a clear and comprehensive national mandate for the elimination of discrimination against those who are disabled.
- To provide clear, strong, consistent, enforceable standards addressing discrimination against individuals with disabilities.
- To ensure that the Federal government plays a central role in enforcing the standards established by the ADA on behalf of persons with disabilities.
- To invoke Congressional authority including the power to enforce this law, in order to address the major areas of discrimination faced today by the disabled community.
On September 25, 2008, the president signed the Americans with Disabilities Amendments Act of 2008.The Act emphasizes that the definition of disability should be made in favor of broad coverage of individuals to the maximum extent permitted by the terms of the ADA.
The Act makes important changes to the definition of the term “disability” by rejecting the holdings in several Supreme Court decisions. The effect of these changes is to make it easier for an individual seeking protection under the ADA to establish that he or she has a disability within the meaning of the ADA. The Act retains the ADA’s basic definition of “disability” as impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such impairment. The Act:
- Directs EEOC to revise the portion of its regulation defining the term “substantially limits”
- Expands the definition of “major life activities” by including two lists:
- The first list includes many activities that the EEOC has recognized (walking, standing, etc.) as well as activities that EEOC has not specifically recognized (bending, reading, and communicating);
- The second list includes major bodily functions (functions of the immune system, normal cell growth, digestive, bowel, bladder, Neurological, brain, respiratory, circulatory, and reproductive functions ).
- Clarifies that an impairment that is episodic or in remission is a disability, if it would substantially limit a major life activity when active.
- changes the definition of “regarded as” so that it says that an applicant or employee is “regarded as” disabled if he or she is subject to an action prohibited by the ADA (failure to hire or termination) based on an impairment that is not transitory and minor.
EEOC will be evaluating the impact of these changes on its enforcement, guidance, and other publications addressing the ADA.
The ADA Amendments Act is effective as of January 1, 2009.
ADA Accessibility Guidelines for Buildings and Facilities (ADAAG)
www.access-board.gov/adaag/html/adaag.htm
