The Americans with Disabilities Act (ADA) is one of the most significant civil rights laws in recent history in the United States. Signed into law in 1990 during George H.W. Bush’s presidency, this revolutionary legislation prohibits disability discrimination against individuals with disabilities across key areas of public life.
The ADA has transformed American society by promoting equal opportunity and access for for the disability community. By dismantling barriers and providing protections, the law has enabled millions to participate more fully in areas such as employment, transportation, public accommodations, telecommunications, voting, education, and more.
History of the ADA
The ADA was the culmination of decades of advocacy by disability rights activists. Throughout the 20th century, people with disabilities faced widespread exclusion and discrimination. Many lived in state institutions, lacked access to public spaces and transit, and had little legal recourse to challenge unfair treatment.
By the 1970s and 1980s, a growing disability rights movement pressed for change by staging high-profile protests and demonstrations. They demanded government agencies to provide equal civil rights, independent living opportunities, and a national law to end disability discrimination.
Key supporters in Congress included Senators Tom Harkin and Ted Kennedy and Representative Tony Coelho. The bill they crafted was directly modeled after landmark laws prohibiting discrimination on the basis of race, sex, national origin, and religion. On July 26, 1990, President George H.W. Bush signed the ADA into law, calling it an “historic new civil rights Act… the world’s first comprehensive declaration of equality for people with disabilities.”
Title I: Employment
Title I of the ADA prohibits disability-based discrimination in all aspects of employment. This includes hiring, firing, promotions, training, wages, benefits, job assignments, leave, and more. Employers are required to make reasonable accommodations to allow applicants and workers with disabilities to perform essential job functions unless doing so poses an undue hardship in order to stay up to ADA standards.
For example, providing a sign language interpreter for a deaf employee would be considered a reasonable accommodation. Under the ADA, employers cannot ask disability-related questions or require medical exams until after making a conditional job offer. This helps ensure that hiring decisions are based on qualifications, not assumptions about disabilities.
There are many real world cases that demonstrate the impact of these employment regulations. In 2021, Amazon was ordered to pay $300,000 to a hearing-impaired woman denied a sign language interpreter during new hire orientation. Similarly, in 2015, Scripps Health settled an ADA complaint by agreeing to caption training videos for deaf staff. The ADA has given employees recourse against discrimination and led to more inclusive workplaces.
Title II: Public Services
Title II of the ADA stipulates that state and local governments must not discriminate against individuals with disabilities or deny them participation in public programs, services, and activities. Public entities are required to make reasonable modifications to policies/procedures and provide auxiliary aids and services to ensure equal access.
For instance, courtrooms must furnish sign language interpreters so deaf individuals can serve as jurors. Polling places need to be wheelchair-accessible. Emergency management services must have TTY devices to communicate with people who have hearing or speech limitations. Under Title II, no one can be excluded from civic life or turned away by police and first responders in moments of crisis.
ADA standards have also dramatically improved access to public transportation, allowing people with disabilities to travel freely and independently throughout communities. Public transit systems must have wheelchair-accessible buses and rail cars, lifts and ramps, priority seating, and stop announcements. Paratransit is available for those unable to use regular mass transit due to disability.
Title III: Public Accommodations and Services Operated by Private Entities
Title III of the ADA requires that places of public accommodation do not act on disability discrimination against individuals on the basis of disability. The law applies to nearly all commercial facilities, such as restaurants, hotels, theaters, stadiums, retail stores, museums, parks, private schools, daycare centers, gyms, and more.
Under the ADA, businesses must allow service animals and may not charge extra fees or exclude people with disabilities. They must furnish reasonable modifications like assistive listening devices for hard-of-hearing patrons. Public accommodations also need to remove physical barriers and ensure newly built or altered facilities are accessible. For example, counters need lowered sections, doorways wide enough for wheelchairs, braille signage, and captions on televisions.
Over the years, there have been many lawsuits and settlements with companies violating ADA building codes or accommodation rules. In 2015, MIT and Harvard were sued over inadequate web accessibility. Regal Cinemas was fined for lacking captioning and descriptive narration devices. Financial services company Edward Jones agreed to improve website accessibility for the visually impaired. The ADA drives ongoing improvements in access and inclusion within the private sector.
Title IV: Telecommunications
Title IV of the ADA protects equal access to telephone and internet-based communications services for people with hearing, speech, vision, or cognition disabilities. Telecommunications companies are required to provide interstate and intrastate relay services 24 hours a day for customers to contact emergency services or engage in everyday communications.
Relay services involve a communications assistant who facilitates calls back and forth between standard telephone users and those who need to use text-based TTY devices. Video relay service (VRS) employs video technology along with sign language interpreters to enable deaf individuals to communicate over the phone just like hearing users. Under the 21st Century Communications and Video Accessibility Act of 2010, smartphones and other mobile devices also need accessibility features and capabilities.
The ADA’s telecommunication regulations have connected millions with vital lifelines for education, healthcare, work, social services, and interpersonal relationships. In tandem with newer laws, key foundations remain from the original ADA Title IV provisions that opened doors for groundbreaking advancements benefiting people with disabilities.
Title V: Miscellaneous Provisions
In addition to the wide-ranging protections outlined above, Title V of the ADA contains miscellaneous regulations that solidify rights and help define terms more precisely. This section makes it illegal for employers or public entities to retaliate against someone who asserts their own or another’s ADA rights. It also clarifies that state and local laws that provide even greater protection for individuals with disabilities are not preempted.
Furthermore, Title V ensures that ADA compliance is held to the same standards and rigor as regulations in the Civil Rights Act and Rehabilitation Act. It also establishes exemptions, like how private clubs may limit membership on the basis of disability. Moreover, Title V provides clearer definitions around issues like food safety procedures, illegal use of drugs and alcohol, infectious diseases, and more.
While not as lengthy or high-profile as other sections, Title V constitutes a patchwork of smaller but meaningful elements that strengthen existing protections. The miscellaneous components uphold rights, reinforce relationships to past legislation, and lay the groundwork for consistent regulatory interpretation.
Who is Protected Under ADA?
The ADA uses the term “disability” to refer to a physical or mental condition that substantially impacts one or more major life activities. This includes conditions that cause such impairment as well as those with a history of disability or regarded as having one.
Major life activities involve functions like breathing, walking, performing manual tasks, seeing, hearing, speaking, learning, caring for oneself, concentrating, thinking, communicating, and working. Disabilities encompass mobility limitations, sensory deficits, chronic health conditions, intellectual impairments, mental health disorders, neurological differences, and more.
Essentially, the ADA protects anyone with an impairment, record of impairment, or perception of impairment that hinders involvement in typical day-to-day activities or interactions. It uses an expansive, inclusive definition of disability to extend protections to all vulnerable groups that experience discrimination.
ADA Amendments Act of 2008
In 2008, Congress passed the ADA Amendments Act to clarify and expand the definition of disability under the original law. It overturned key Supreme Court decisions that had narrowed disability qualifications and undermined coverage. The Amendments Act made changes to ensure protections cut across a broad spectrum of disabilities.
This legislation rejected the requirement that an impairment must “severely” or “significantly” restrict a major life activity. Language was added to emphasize that episodic conditions like multiple sclerosis, depression, and epilepsy can be substantially limiting. It also indicated that impairment duration should not factor into assessing ADA eligibility.
In this way, the Amendments Act upheld the spirit and intent of the original ADA while closing loopholes that had gradually weakened its scope. By shoring up ambiguities in phrasing, lawmakers enabled more inclusive coverage extending to all individuals with disabilities.
Impact of ADA
Over 30 years since its passage, the influence of the ADA on American society has been profound and multifaceted. It has provided the foundation for policies and legal precedents that continue to shape an environment that identifies and dismantles barriers preventing full participation.
The employment rate for working-age adults with disabilities has risen from 33% in 1990 to 45% in 2020. College enrollment increased from roughly 25% to 40% for younger individuals with disabilities after the ADA’s passage. Accessible public transit has grown from 38% to 84% of public transit fleets featuring lift-equipped vehicles. ADA accommodations like curb cuts and automatic doors have also enabled far greater mobility and independence.
The ADA has sparked a dialogue that raises awareness and empathy surrounding disability issues. It establishes that creating an inclusive, accessible society is a civil right – that ability is a spectrum, and all people have dignity and worth when barriers come down. From sports to technology and pop culture, increased visibility has inspired disability pride and solidarity.
While work remains to achieve full equality, everyday freedoms afforded by ADA protections touch nearly every facet of public life. For over 60 million Americans, the ADA defends liberty, dismantles stigma, and upholds the inherent humanity in all.
