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The Americans with Disabilities Act of 1990 (ADA), signed into law by President George H. W. Bush, is a federal law that, under certain circumstances, provides civil rights protections to individuals with disabilities similar to the protections afforded individuals on the basis of sex, race, age, national origin, and religion. This entry summarizes the key provisions of the ADA and discusses several issues that have arisen in its implementation.

Key Provisions of ADA

The Americans with Disabilities Act, P.L. 101–336, was designed to ensure that the more than 50 million individuals in the United States who have disabilities are protected from discrimination. Considered landmark legislation, the law attempts to balance the needs of people with disabilities with the capacity of businesses, local and state governments, and other entities to provide accommodations for them. The ADA was amended in 2009 through the Americans with Disabilities Amendments Act (ADAA), which broadened the law's definition of disability, a topic discussed in this entry.

ADA Titles

The ADA is divided into sections, called titles, each of which addresses a specific area:

Title I concerns employment, usually for employers with 15 or more employees. This title prohibits discrimination in application procedures, hiring, advancement, and firing of employees with disabilities (as long as they are qualified for the job) as well as in job training and other aspects of employment. For example, if an employer did not hire a qualified individual with a disability for a position because of concern about the person's special needs, it would be a violation of ADA. It should be noted that the law also protects those who become disabled while employed.

Title II concerns public entities, such as school districts and city and state governments, and public transportation. The law specifies that all programs and services of these entities must be physically accessible, and any policies or procedures related to accessing them likewise must not discriminate against individuals with disabilities. The public transportation provision stipulates that trains and other public transportation must be accessible to individuals with disabilities.

Title III concerns public accommodations and commercial facilities. Hotels and motels, inns, recreation facilities, transportation, education, stores, care providers, and places with public displays are examples of enterprises covered in this title and that must not discriminate against individuals with disabilities. Although the law focuses on compliance by new construction, it also requires the removal of barriers, within reason, in existing structures. Some private clubs, religious organizations, and historic buildings may be exempt from some of the requirements for accessibility.

Title IV concerns telecommunications, requiring all U.S. telecommunication companies to ensure comparable access for individuals with disabilities, especially those with hearing loss or speech impairments. One highly visible result of this title was the development of telecommunications relay services (TRS), in which individuals translate between the consumer of the services and those with whom the person is communicating.

Title V concerns provisions not covered elsewhere in the law. For example, it prohibits retaliation and coercion for individuals exercising their rights under the law. It also articulates a dispute resolution procedure.

ADA Definition of Disability

The definition of who is considered disabled through the ADA includes three

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