Americans with Disabilities Act

Overview of the ADA and Legislative Background

The ADA came from the civil rights movement of the 1960s and 1970s. It was modeled after the Civil Rights Act of 1964, which prohibits racial discrimination for employment and in public accommodations (e.g., hotels or restaurants). Different from the Civil Rights Act of 1964, where protection applies to people of all races, the ADA provides protection against discrimination only for those whose limitations meet the statutory definition of disability. The ADA also borrows several key definitions from an early disability rights statute, the Rehabilitation Act of 1973. These include definitions for disability, reasonable accommodation, and undue hardship.

In spite of their similarities, there are major differences between the Rehabilitation Act of 1973 and the ADA. Although both statutes are disability rights laws, the Rehabilitation Act of 1973 applies only to programs or activities receiving federal financial assistance (e.g., education, courthouses, and transportation). The ADA, on the other hand, covers public or private employment, transportation, accommodations, and telecommunications regardless of whether federal funding is involved. Also, housing, education, and air transportation are issues included in the Rehabilitation Act of 1973 that were not covered by the ADA. It is clear from the legislative history that Congress made a great effort to make the ADA consistent with the Rehabilitation Act and did not intend it to supersede its statutory predecessor.

The ADA includes five separate titles. Title I involves employment issues. It prohibits discrimination with regard to job application procedures, hiring, advancement, discharge of employees, compensation, job training, and employment privileges. Title II involves public services. Any state or local government instrumentalities, the National Railroad Passenger Corporation, and commuter authorities cannot deny people with disabilities services or participation in programs or activities available to those without disabilities. Title III concerns public accommodations (e.g., roads and sidewalks) and services operated by private entities (e.g., movie theaters and amusement parks). All such accommodations that are newly constructed must be accessible to people with disabilities. For existing facilities, architectural barriers to services must be removed if modifications are readily achievable. Title IV concerns telecommunications. Telephone relay services must be provided by telecommunication companies for people who use telecommunication devices for the deaf or other similar devices. Title V involves miscellaneous provisions that prohibit coercing, threatening, or retaliating against individuals with disabilities or those attempting to assist individuals with disabilities to assert their rights.

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