In nineteen ninety Congress passed the Americans with Disabilities Act. This act was established in order to eliminate discrimination of people with disabilities and to break down barriers in society that limits the freedom a disabled person. According to Section 2 Subsection A part one, “some 43,000,000 Americans have one or more physical or mental disabilities, and this number is increasing as the population as a whole is growing older.” As the number suggests there are a lot of people that would be classified as disabled making this act very important. This paper will look at the Americans with Disabilities Act as how it pertains to helping people with disabilities based on who is covered, what are their rights, and what legal actions they have if they believe they have been discriminated against.
The Americans with Disabilities Act has four main section each with its own rights for the individual and what is required of society to help to better their life. The first section is Title I this section is designed to set forth rules for the employer when making decisions to hire, fire, promote, interview, or any other terms and conditions of employment. The next issue covered in Title I is who or how a person is to be classified as disabled. The Americans with Disabilities act has set forth some standards that must be made in order to meet the requirements of being disabled. A disabled person is defined as one who, “(i) has a physical or mental impairment that substantially limits one or more major life activities; (ii) has a record of such an impairment; or (iii) is regarded as having such an impairment.” Examples of possible disabilities are “any physiological disorder, cosmetic disfigurements, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, skin… any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.” To better define what is meant by major life functions it includes any from seeing, hearing, walking, caring for oneself, performing a set task, basically things that one should be able to do if it where not for their disabilities. This act also covers people that are related too or associated with a person that has a disability from being discriminated against.
Now to how a person qualifies under the Americans with Disabilities Act and what their rights are. According to the ADA to be covered by the disabled person must have the qualifications or job requirements to perform the job. An employer has to be careful when going through a job interview or application because under the Americans with Disabilities Act they can not ask if the person is disabled. The only thing they can ask is if they can perform the job at hand. An employer can not ask the perspective employee to submit to a medical examination prior to making an offer. This is where it gets a little tricky because they only have to be able to do the essential job functions with or without reasonable accommodation. Essential job functions are those basic tasks that an employee must be able to do. Reasonable accommodation becomes a case by case issue. For example if we are talking about a small privately owned store what is reasonable in monetary amounts would be different then a multimillion-dollar corporation. Examples of reasonable accommodation would be job restructuring, modifying work schedules, providing readers, modifying or offering equipment to help. The idea is to try to alter the work environment to make it easier for the disabled person to perform the job asked of them. This law does not mean that a company must accommodate if that by doing so would cause undue hardship to the business. Undue hardship is defined as “an action requiring significant difficulty or expense.” This is one exception to Title I of the Americans with Disabilities Act another is that the law does not give any priority to a disabled person over a better qualified person as long as the decision to hire is based on reasons unrelated to the disability. To file a complaint under Title I of the ADA the person bring the complaint must contact the EEOC. It has to be filed within one hundred and eighty days of the act of discrimination. It will be handled in the same manner as charges filed under Title VII of the Civil Rights Act of 1964. If the plaintiff wins they are entitled to any economic loss because of the discrimination, attorney fees, then have reasonable accommodations put in place, and punitive damages.
Title II deals with public entities and transportation which includes state and local governments. This includes all activities offered by the state and local government such as town meetings, courts, and motor vehicle licensing. Under the ADA state and local government must follow the following rules: “1. They cannot deny a disabled person from participating in a service, program, or activity. 2. They must provide equal opportunity for those disabled to be involved in an activity or program. 3. They have to eliminate rules or standard that may unintentionally discriminate against those with disabilities unless it is based on safety. 4. They are required to make reasonable modifications in policies, practices, and procedures that deny equal access to individuals with disabilities, unless fundamental alterations to the program would result. 5. They must provide auxiliary aids and services when necessary to ensure effective communication. 6. They may not assess special charges on individual with disabilities to cover the costs of measures necessary to ensure nondiscriminatory treatment. 7. They must operate their programs so that, when viewed in their entirety, they readily accessible to and usable by individuals with disabilities.” To be qualified under Title II a person must meet the eligibility requirements of that program or activity. Also under Title II state and local governments are required to have a facility that is accessible to those with disabilities. There are some exceptions to this being that if the changes would result in a fundamental alteration in the nature of the service or program or put undue financial requirements on the program. It is very much like Title I that they have to try their best to allow a person with a disability to be involved as long as it does not cause too much financial dedication. Title II cannot make existing buildings always change to meet the necessary requirements it can and does set high standards for new construction. It requires that when building a new structure they have to meet either The Uniform Federal Accessibility Standard or the Americans with Disabilities Act Accessibility Guidelines. This way it preemptively protects those with disabilities from not having access to state and local buildings because of the nature of the building.
Filing a claim under Title II requires an individual to get a private lawyer and issue a complaint in writing. The complaint should include the person’s name bringing the claim with their address, and a description of the establishment. There are eight federal agencies established to handle complaints. Examples are the Department of Justice, Department of Labor, and the Department of Transportation are a few.
Title III deals with business that serve the public and their role in allowing people with disabilities to use their establishments. Almost all-private businesses that serve the public are covered by Title III, except religious organizations and private clubs. It makes it illegal for any establishment to set forth rules or standards that either unintentionally discriminate or intentionally discriminate. A perfect example would be no pets allowed policy, which does not intentionally discriminate but would rule out anyone that needed a guide or service dog. Under Title III the ADA requires that public parking to have a specific number of designated parking spaces for those with a disability. It requires these spaces to have the universal symbol of accessibility, the space should be located closest to the front of the store, and have a space either on the right or left to allow for a wheel chair. The number of spaces required depends on the total number of spaces provided. Under Title III businesses are also required to make their entrances accessible to the disabled by having a ramp at one of the stores entrances. Once inside a disabled person must have the ability to get around safely and be able to use the store to it full benefits. An exception to the rule comes from privately owned residences, which are not covered under Title III. To file a claim the person must contact the Department of Justice. Sending the Department of Justice a letter with their name, the name of the establishment and what the problem was at this establishment can do this.
The last section of the Americans with Disabilities Act is Title IV, which deals with telecommunications. It makes telephone and television companies responsible for having access to those whom suffer from hearing and speech disabilities. Title IV requires that telephone companies offer a service called Telecommunication Relay Service (TRS). TRS is designed to help those who suffer from hearing or speech impairments. The idea is to have a third party relay the messages between them. For example a deaf person can type what they want to say on their phone then the third party can tell the other person on the phone what was said, then when the person responds the third party can type in the response so the deaf person can see what was said and so on. Title IV sets rules for television also by mandating that they offer closed captioning for public service announcements.
After seeing what the Americans with disabilities Act entails lets look at the people affected by all these rules and what benefits do they receive because of it. “Inn fiscal year 2004, EEOC received 15,376 charges of disability discrimination. EEOC resolved 16,949 disability discrimination charges in FY 2004 and recovered $47.7 million in monetary benefits for charging parties and other aggrieved individuals.” Under Title I it benefits any person that have been diagnosed with a physical or mental disorder. This includes a lot of different people that in the past may have been mistreated at work or never given the chance to have a job. If someone had lost an eye and wanted to work at a restaurant but was never given a chance because employers would not hire them because of their disfigurement should now be given a chance to work. The Americans with Disabilities Act also covers alcoholics as long as they can come to work and perform their job they can not be discriminated against. It also helps those who may suffer from discrimination based on misunderstanding or fear. For example if someone has HIV and is fired for fear that it puts those who work with them in danger would be protected because it is not been found scientifically that HIV can spread in such a way that normal work contact would out people in danger. It also protects those who might be discriminated against because their family has a disorder that may be genetic and therefor might put them at risk for getting it, and the company does not want to take that risk. Basically it makes it illegal to use any judgement that does not relate to the job at hand and the qualifications of the person. Title III helps those who are disabled and want to use stores the same way anyone else would. They just want to live the most productive lives that is possible for them and Title III tries to eliminate the barriers society has put up either intentionally or not. It makes those in wheel chairs able to access buildings with stairs, people with blindness able to use their service dog in public areas. It also opens up areas that would not have been accessible many years ago like parks and outdoor type places. Lastly Title IV has helped the most people with hearing or speech problems to use some of today’s technology. All this would not have been possible if it was not for the Americans with Disabilities Act.
The Americans with Disabilities Act may help a lot of people but it does not cover everyone that may be seen as having a disability. For example a person currently using illegal drugs would not be covered under the Americans with Disabilities Act. An employer than can require a drug test of an individual prior to offering them a job or while the person is working for them and if they fail it can be used as a reason to terminate their employment or used as a decision not to hire them. The exception is that if a person is a recovering drug user with documentation that they have been addicted to the drug but have completed a drug rehab program and has stayed free of drugs for a period prior to looking for a job. Another interesting exception is alcohol; an alcoholic is a protected person because they qualify as being disabled. An employer can fire this person if their drinking adversely affects their job performance and they can also require that there is no drinking on the job or coming to work after drinking. While an employer has to make reasonable accommodations when dealing with a person with a disability they do not have to lower production standards, lower quality standards, or provide personal use items like eye glasses.
As seen after reviewing the Americans with Disabilities Act it becomes obvious that this law helps to stop the discrimination against people that have a disability. It is just like Title VII of the Civil Rights Act of 1969 it protects certain people from having trouble getting a job, or living a productive life in society. It helps people from those with a disfigurement all the way to someone suffering from seizures.

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