About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

11 J. Nat'l Ass'n Admin. L. Judges 13 (1991)
Americans with Disabilities Act of 1990

handle is hein.journals/jnaa11 and id is 15 raw text is: Americans With Disabilities Act of 19901 Robert B. Fitzpatrick, Esq. 2 I. Introduction On July 26, 1990, President George Bush signed the Americans With Disabilities Act (ADA) (Pub. L. 101-336) into law. The ADA is a comprehensive anti-discrimination statute that prohibits discrimination against disabled individuals in private and state and local government employment, public accommodations, public transportation, state and local government services, and telecommunications. The purposes of the ADAare to provide a clear national mandate to end discrimination against individuals with disabilities and to provide strong, consistent, enforceable standards prohibiting discrimination against individuals with disabilities. The ADA consists of five Titles. Title I of the Act, which is enforced by EEOC, prohibits employment discrimination against qualified dis- abled individuals. The underlying theory of discrimination in Title I is essentially that developed under the Rehabilitation Act of 1973,29 U.S.C. § 701 et seq., and in particular in regulations implementing § 504 of that Act. Title I joins this theory of discrimination with the enforcement provisions of Title VII. It provides that the powers, remedies, and proce- dures set forth in §§ 705, 706, 707, 709, and 710 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5, 2000e-6, 2000e-8, and 2000e-9) shall be the powers, remedies, and procedures this title provides to the Commission, to the Attorney General, or to any person alleging discrimination on the basis of disability . .. . (§ 107(a)). Title 1 becomes effective on July 26, 1992. For the first two years after the effective date, employers with 25 or more employees are covered. Employers with 15 or more employees are covered as of July 26, 1994. Title II applies to public services provided by state and local govern- ments, and in particular to transit provided by public agencies; Title III applies to public accommodations, defined broadly to include most private establishments providing service to the public, with a separate section on public transportation provided by private entities; Title IV requires telephone companies to provide relay services that will enable persons with hearing impairments to communicate freely. Title V contains miscellaneous provisions, including requirements for technical assis- tance, that apply to the other titles, and makes certain changes in the Rehabilitation Act. 1 Copyright 1990 by The American Law Institute. Reprinted with the permission of the American Law Institute-American Bar Association Committee on Continuing Professional Education. 2 Fitzpatrick & Verstegen, Esqs., Washington, D.C.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most