1. What is
the AMERICANS WITH DISABILITIES ACT (ADA) OF 1990?
Signed into law on July 26,
1990 by then President George W. Bush Sr., the Americans with
Disabilities Act (ADA) aims to promote full and equal
participation to the millions of disabled Americans. It guarantees
equal opportunity for disabled individuals in matters of
employment, public facilities, transportation, state and local
government services and even telecommunications.
Highlights of the Act as
set forth by the U.S. Department of Justice are as follows:
EMPLOYMENT - TITLE I
Employers may not
discriminate against an individual with a disability in hiring or
promotion if the person is otherwise qualified for the job.
Employers can ask about one's ability to perform a job, but cannot
inquire if someone has a disability or subject a person to tests
that tend to screen out people with disabilities. Employers will
need to provide "reasonable accommodation" to individuals with
disabilities. This includes steps such as job restructuring and
modification of equipment. Employers do not need to provide
accommodations that impose an "undue hardship" on business
operations.
Employers may reject
applicants or fire employees who pose a direct threat to the
health or safety of other individuals in the workplace.
Applicants and employees who
are current users of drugs have no right to claim discrimination
on the basis of their illegal drug use under the ADA.
Drug testing is
not prohibited by the ADA.
Employers may not
discriminate against a qualified applicant or employee because of
the known disability of an individual with whom the applicant or
employee is known to have a relationship or association.
Religious organizations may
give preference in employment to their own members and may require
applicants and employees to conform to their religious tenets.
ADA provides the remedies
available under Title VII of the Civil Rights Act of 1964. They
include back pay and court orders to stop discrimination.
Complaints may be filed with
the US Equal Employment Opportunity Commission.
Who needs to
comply:
STATE AND LOCAL GOVERNMENT OPERATIONS - TITLE II
State or local governments
may not discriminate against qualified individuals with
disabilities. All government facilities, services, and
communications must be accessible consistent with the requirements
of Section 504 of the Rehabilitation Act of 1973.
Individuals may file
complaints with Federal agencies to be designated by the U.S.
Attorney General or bring private lawsuits.
TRANSPORTATION - TITLE III
Public Bus
Systems:
New buses ordered on or after August 26, 1990 must be accessible
to individuals with disabilities.
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Transit authorities must provide comparable paratransit or other
special transportation services to individuals with disabilities
who cannot use fixed route bus services, unless an undue burden
would result.
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New bus stations must be accessible. Alterations to existing
stations must be accessible. When alterations to primary function
areas are made, an accessible path of travel to the altered area
(the bathrooms, telephones, and drinking fountains serving that
area) must be provided to the extent that the added accessibility
costs are not disproportionate to the overall cost of the
alterations.
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Individuals may file complaints with the U.S. Department of
Transportation or bring private lawsuits.
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ADA provides the remedies available under the Rehabilitation Act
of 1973. Public Rail Systems:
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New rail vehicles ordered on or after August 26, 1990, must be
accessible.
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Existing rail systems must have one accessible car per train by
July 26, 1995.
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New rail stations must be accessible. As with new bus stations,
alterations to existing rail stations must be made in an
accessible manner.
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Existing "key stations" in rapid rail, commuter rail, and light
rail systems must be made accessible, unless an extension of up to
20 years is granted (30 years, in some cases, for rapid and light
rail).
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Existing intercity rail stations (Amtrak) must be accessible by
July 26, 2010.
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Individuals may file complaints with the U.S. Department of
Transportation or bring private lawsuits.
Privately Operated Bus and Van Companies:
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New over-the-road buses ordered on or after July 26, 1996 (July
26, 1997, for small companies), must be accessible. After
completion of a study, the President may extend the deadline by
one year, if appropriate.
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Other new vehicles, such as vans, must be accessible, unless the
transportation company provides service to individuals with
disabilities that is equivalent to that operated for the general
public.
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Other private transportation operations, including station
facilities, must meet the requirements for public accommodations.
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Individuals may file complaints with the U.S. Attorney General or
bring private lawsuits under the public accommodations procedures.
PUBLIC ACCOMMODATIONS - TITLE IV
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Public accommodations such as restaurants hotels, theaters,
doctors' offices, pharmacies, retail stores, museums, libraries,
parks, private schools, and day care centers, may not discriminate
on the basis of disability. Private clubs and religious
organizations are exempt.
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Reasonable changes in policies, practices, and procedures must be
made to avoid discrimination.
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Auxiliary aids and services must be provided to individuals with
vision or hearing impairments or other individuals with
disabilities, unless an undue burden would result.
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Physical barriers in existing facilities must be removed if
removal is readily achievable (i.e., easily accomplishable and
able to be carried out without much difficulty or expense). If
not, alternative methods of providing the services must be
offered, if those methods are readily achievable.
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All new construction in public accommodations, as well as in
"commercial facilities" such as office buildings, must be
accessible. Elevators are generally not required in buildings
under three stories or with fewer than 3,000 square feet per
floor, unless the building is a shopping center, mall or a
professional office of a health care provider.
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Alterations must be accessible. When alterations to primary
function areas are made, an accessible path of travel to the
altered area (and the bathrooms, telephones, and drinking
foundations serving that area) must be provided to the extent that
the added accessibility costs are not disproportionate to the
overall cost of the alterations.
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Entities such as hotels that also offer transportation generally
must provide equivalent transportation service to individuals with
disabilities. New fixed-route vehicles ordered on or after August
26, 1990, and capable of carrying more than 16 passengers, must be
accessible.
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Public accommodations may not discriminate against an individual
or entity because of the known disability of an individual with
whom the individual or entity is known to have a relationship or
association.
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Individuals may bring private lawsuits to obtain court orders to
stop discrimination, but money damages cannot be awarded.
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Individuals can also file complaints with the U.S. Attorney
General who may file lawsuits to stop discrimination and obtain
money damages and penalties.
TELECOMMUNICATIONS - TITLE V
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Companies offering telephone service to the general public must
offer telephone relay services to individuals who use
telecommunications devices for the deaf (TDD's) or similar
devices.
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Individuals may file complaints with the Federal Communications
Commission.
For more information on the ADA:
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All of the information above is available from the U.S. Department
of Justice in the following accessible formats: Braille, large
print, audiotape, and electronic file on computer disk. For more
information call (800) 514-0301
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The information in this Fact Sheet is taken from two U.S.
Department of Justice documents: ADA Requirements Fact Sheet and
ADA Statutory Deadlines. These documents are available at no cost
from the U.S. Department of Justice, Civil Rights Divison,
Coordination & Review Section, P.O. Box 66118, Washington, DC
20035-6118. PHONE 202/514-0301, TTY 202/514-0381 or 202/514-0383.
ADA Specialists are available on Monday, Tuesday, Wednesday, &
Friday 9:30 A.M.-5:30 P.M., on Thursday 12:30 P.M.-5:30 P.M.
(Eastern Time) Spanish language service is also available. Closed
on all National Holidays.
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For additional information and answers to questions, contact the
U.S. Department of Justice at the address or telephone numbers
above.
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Copies of the full 90-page Americans with Disabilities Act of 1990
may be obtained at no cost from the U.S. Department of Justice,
Civil Rights Division, 950 Pennsylvania Avenue, N.W., Disability
Rights Section - NYAV, Washington, DC 20530. Phone (800) 514-0301
or TTY (800) 514-0383. Automated service, which allows callers to
order publications by mail or fax, is available 24 hours a day,
seven days a week.
2. What
can be done to prevent people who are not disabled from parking in
designated spaces for disabled drivers?
You can telephone the ADA/U.S. Department of Transportation,
Federal Transit Administration Assistance line for regulations and
complaints, (888) 446-4511 (voice/relay), or by visiting their web
site at www.fta.dot.gov/ada.
You should also contact your mayor's office for people with
disabilities, as well as parking enforcement division of the
police department.
3. I
have recently become disabled and unable to hold down "normal" jobs,
what do I do now?
You can call the local office of the department of vocational
rehabilitation and request an appointment with a counselor. You
should have available all the documentation of your disability.
This agency will evaluate your abilities and provide you with
education and/or training for different employment, you may also
contact the Department of Labor, Office of Disability Employment &
Policy at (877) 872-5627.
4. I
have been trying to seek employment and believe that I am being
discriminated against because of my disability (I am a paraplegic). Do you
have any ideas for me?
You can call the U.S. Department of Labor at the telephone number
given in the previous questions response. Now, if you believe that
discrimination is behind all this, if you believe that you are a
victim of discrimination you may call (FOR JOB DISCRIMINATION
ONLY) (800) 526-7234, or Contact the Equal Employment Opportunity
Commission (202) 663-4900 or call (800) 669-4000 (voice) or for
TTY (800) 669-6820 to reach the field office in your area. You
know that as a person with a disability, you have rights under the
ADA of 1990. You can call 1-800-514-0301 and speak to an expert on
the law.
5. I am
looking for a school for my child who has a disability.
You can call the National Information Center for Children and
Youth with Disabilities (NICHY) at 1-800-695-0285. If the
disability is cerebral palsy, you can contact the United Cerebral
Palsy Association at 1-800-872-5827 and ask if there is a local
chapter in your city or county. Such a group would be an excellent
source for support and advocacy.
6.
Medicare pays for my physician's visits, but only very little for
my medication, where can I obtain additional funding?
There is a Prescription Drug Patient Assistance Program that
publishes a directory of manufacturers of various drugs that
participate in this program. If you are unable to apply
personally, you may have your physician apply for assistance on
your behalf. The address is as follows:
Pharmacology Manufacturers & Research of America 1100 Fifteenth
St. N.W., Washington, D.C. 20005
7.
There are many people with disabilities in this town but the local
government does not have any interest in providing any
accommodations in public buildings. What can I do?
Many communities have ADA compliance specialists whom you can
contact. Or contact D.R.A.G. Inc., at (215) 477-4956, or visit our
File A Complaint Section on the site, and complete the Complaint
Form, and click on submit for our assistance.
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