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Legislation

An Overview of the Americans with Disabilities Act of 1990

The Americans with Disabilities Act (ADA) gives civil rights protections to people with disabilities. It guarantees individuals with disabilities equal opportunity in the following areas:

Employment

• Employment provisions apply to all public services and private employers with 15 or more employees.
• Employers must provide reasonable accommodations for qualified applicants or employees with disabilities unless it would result in undue hardship for the employer.
• Reasonable accommodations include making work sites accessible, modifying existing equipment or providing assistive technology, modifying work schedules, restructuring jobs, and other actions.
• Employers may reject applicants or fire employees who are a direct threat to the health or safety of others.
• Applicants and employees are not protected from personnel actions that are based on the current illegal use of drugs.
• Employers may not discriminate against people who have an association with an individual known to have a disability. For example, employers cannot discriminate against parents who have a child with a disability.
• Individuals may file complaints with the Equal Employment Opportunity Commission.

Public services: state and local government, including public schools and public transportation

• Public services may not discriminate against individuals with disabilities. All government facilities, programs, services, and communications must be accessible, consistent with the requirements of Section 504 of the Rehabilitation Act of 1973.
• For more information on public transportation requirements, contact ADA Minnesota or the nearest regional ADA Technical Assistance Center toll-free: (800) 949-4232.
• Individuals may file complaints with federal agencies designated by the U. S. Attorney General or bring private lawsuits.

Public accommodations

• Public accommodations (such as restaurants, hotels, theaters, doctors’ offices, pharmacies, retail stores, museums, libraries, parks, private schools, and day care centers) may not discriminate against people with disabilities. Private clubs and religious organizations are exempt from the law.
• Reasonable changes in policies, practices, and procedures must be made to avoid discrimination.
• Auxiliary aids and services (such as sign language interpreters, materials in Braille or large print, or assistive technology) must be provided to people with vision or hearing impairments or other disabilities so they have an equal opportunity to participate or benefit, unless doing so would cause an undue burden on the business.
• Physical barriers in existing facilities must be removed if removal is readily achievable (i.e., it can be carried out without much difficulty or expense). If not, alternative methods of providing the service must be offered, if those alternatives are readily achievable.
• All new construction in public accommodations and commercial facilities must by accessible. Elevators are generally not required in buildings under three stories or with fewer than 3000 square feet per floor, except for shopping centers, malls, or the professional offices of health care providers.
• Alterations to existing facilities must comply with ADA accessibility guidelines.
• Public accommodations may not discriminate against people or entities who have an association with individuals known to have a disability.
• Individuals may bring private lawsuits to stop discrimination, but money damages cannot be awarded. 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

• Companies offering telephone service to the general public must offer telephone relay services to individuals who use telecommunications devices for the deaf (TTYs) or similar devices.
• Individuals may file complaints with the Federal Communications Commission.

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From PACER Fact sheet PHP-c33, adapted from publications of the U.S. Department of Justice, Civil Rights Division