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1 1 (October 11, 2022)

handle is hein.crs/govejah0001 and id is 1 raw text is: nforming ii donaI Rese r h Service led Ilive I Amte sin 01914 October 11, 2022 The Americans with Disabilities Act: A Brief Overview The Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101 et seq., prohibits disability discrimination in many areas of life, from work to public services to commercial business. With some exceptions, the ADA covers every type of disability, including those that are physical, psychological, and emotional. Covered entities must do more than refrain from negative treatment of people with disabilities. The ADA requires changes to policies and the removal of barriers that prevent people with disabilities from enjoying equal opportunity. The ADA has three primary titles covering three main areas of public life: employment, government services, and public accommodations. Each title provides distinct protections, procedures, and remedies. This In Focus briefly reviews the ADA's history and the key components of the three primary titles. H istory While it is perhaps the most familiar disability rights statute, the ADA was not the first. The Architectural Barriers Act of 1968 (ABA), 42 U.S.C. §§ 4151 et seq., was the first federal law to call for any entity to take affirmative steps to eliminate disability access barriers. The ABA requires most facilities newly constructed, altered, leased, or financed by the federal government to be accessible to people with physical disabilities. The Rehabilitation Act of 1973, 29 U.S.C. §§ 701 et seq., a much broader statute, was the first federal law to address disability discrimination beyond physical access. Section 504 of the Rehabilitation Act, as amended, prohibits disability discrimination in federal and federally funded programs and activities. The Rehabilitation Act remains the primary disability rights law in the federal sector, as the ADA does not apply to most parts of the federal government. The ADA and its implementing regulations incorporate many concepts developed by Section 504 and apply them to state and local governments and many private actors. Courts recognize that the ADA is modeled after Section 504 and tend to interpret the two laws consistently. In passing the ADA and thereby expanding Rehabilitation Act protections to these other actors, Congress recognized that disability discrimination remained serious and pervasive and announced its intention to provide a clear and comprehensive national mandate to achieve its elimination. 42 U.S.C. § 12101(a)(2), (b)(1). Beyond the ADA, other federal disability laws apply to specific areas, such as housing, education, and voting. What Is a Disability Under the A DA? The ADA defines disability as a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment. 42 U.S.C. § 12102(1). In other words, a person might experience discrimination due to a current, past, or assumed disability. An impairment is any physiological or psychological disorder or condition. Impairments can include everything from cosmetic disfigurements to intellectual disabilities to contagious illnesses. But not every medical or physical condition is a disability. It must substantially limit a major life activity (unless the individual makes a claim based on being regarded as disabled). The ADA directs that this is not a demanding standard. Major life activities include basic activities and senses, such as walking, hearing, seeing, standing, or learning; and bodily functions, such as the immune system, endocrine system, or neurological function. A person has a disability if they are limited in a major life activity compared to most people. Congress has advised that the term disability should be construed broadly, and that litigation under the ADA should focus mainly on whether discrimination has occurred, not on whether a person is actually disabled. The ADA does not allow people without disabilities to bring claims based on someone with a disability being treated more favorably than them. Title I: Employment Title I of the ADA prohibits employers, including public employers, with 15 or more employees from discriminating against qualified individuals with disabilities in the terms, conditions, and privileges of employment. 42 U.S.C. § 12112(a). A person is qualified when, either with or without reasonable accommodations, they can perform the essential functions of a job. Disability discrimination includes disparate treatment, disparate impact, and the denial of reasonable accommodations. Disparate treatment occurs when an employer takes an adverse employment action based on a person's disability. Disparate impact is the use of neutral standards, rules, or methods of administration that screen out or adversely affect the employment opportunities or status of people with disabilities. Everything from physical requirements to inflexible break or leave policies to the use of inaccessible software could be included. Practices that have a disparate impact on qualified individuals with disabilities are permissible only if an employer can show that they are job related and necessary for business.

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