Americans with Disabilities Act of 1990 (ADA)

The Americans with Disabilities Act (ADA) gives individuals with disabilities the same types of civil rights protections that are provided to individuals on the basis of race, sex, national origin, and religion. The ADA is modeled after the Rehabilitation Act of 1973, which applies to federal contractors and grantees. In contrast, the ADA applies to private employers (of 15 or more employees), state and local governments, employment agencies, and labor unions. Discrimination in all employment practices is prohibited (e.g., job application procedures, hiring, firing, promotion, compensation, training, etc.). The ADA also prohibits discrimination in public accommodation and requires transportation and communication systems to facilitate access for people with disabilities.

Since the act's passage in 1990, the courts have been working to define the meaning of its terms. The definition of the term disability was particularly problematic. In June 1998, the Supreme Court decided that the definition of “disability” included both major and minor impairments. Under this ruling, the definition of disability covers a wide range of conditions, such as HIV, cancer, dyslexia, and bad backs. However, this broad definition was later restricted in 2003, when the Equal Employment Opportunity Commission (EEOC) ruled that a condition only qualifies as a disability if it substantially limits a major life activity. As defined by the EEOC, these major life activities include seeing, hearing, speaking, walking, breathing, performing manual tasks, learning, caring for oneself, and working.

Not all people with disabilities are covered by the ADA. Individuals qualify for ADA protection only if they can perform the essential functions of the job. As with the term disability, the definition of essential function can be a challenge to pin down. One wellpublicized case where this definition was particularly problematic involved professional golfer Casey Martin. Martin suffers from Klippel-Trenaunay-Weber syndrome, a degenerative circulatory disorder that obstructs the flow of blood from his right leg to his heart. Due to the severe pain caused by this progressive disease, Martin was physically incapable of walking an 18-hole golf course. Walking would not only cause him pain but also create a risk of significant injury. Martin applied to the PGA for permission to ride a cart in PGA tournaments while other players were walking the course. The PGA refused and Martin sought protection under the ADA. The core issue in question was whether walking the golf course was an essential function of playing professional golf. Eventually, the Supreme Court ruled in Martin's favor, deciding that he could use a cart because using the cart would not alter the game in any fundamental way. In other words, walking the court was deemed to not be an essential function of golf. When an individual qualifies for ADA protection (i.e., the disability impairs a major life activity but the individual is still able to perform the essential functions of the job), firms are expected to provide reasonable accommodations to the individual as long as the act of providing these accommodations does not present an undue hardship for the firm.