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The Americans with Disabilities Act (ADA) was drafted to ensure equal opportunity, full participation, independent living, and self-sufficiency for millions of Americans with disabilities. With this legislation, the federal government recognized that people with disabilities are a discrete minority who have been subjected to a history of purposeful unequal treatment and relegated to an inferior position in areas of employment, housing, public accommodations, education, transportation, communication, health services, voting, and recreation. In part, this discrimination follows patterns similar to what has been experienced by racial/ethnic minorities; stigmatized populations whose members also have disabilities face particular social challenges well beyond those dictated by physical or mental limitations.

The ADA mandates that (a) employers make reasonable accommodations for workers with disabilities, (b) public facilities and transportation must be accessible for people with disabilities, and (c) communication barriers must be eliminated for those who are deaf or hard of hearing and blind or visually impaired. The act, which took effect July 26, 1990, is considered to be the most comprehensive policy statement ever made in U.S. law about how the nation should address people with disabilities. It is intended to extend to people with disabilities the same protections against discrimination that are afforded minorities and women under the Civil Rights Act of 1964. This entry provides some background on the situation of people with disabilities and how the law was intended to improve their circumstances.

Who is Disabled?

Members of the general public who are able-bodied might not consider that they could become disabled; however, people do not always become disabled at birth. It can happen from accidents, diseases, or aging. Disabilities occur in all races, ethnicities, religions, ages, and social classes. Just as members of racial/ethnic minorities and women are often faced with unequal opportunities, so too are people with disabilities.

The disabled community has many diverse components. Just as “Hispanic” or “Asian American” brings together a variety of different social groups under the same label, “being disabled” is a broad term. The link among people with mental, physical, or sensory disabilities is not so much the similarity between their impairments as it is their common social experience of oppression, exclusion, and discrimination.

Under the ADA, the definition of disability has three parts. The first part applies to a person who has a physical or mental impairment that substantially limits at least one major life activity. Major life activities include walking, hearing, seeing, speaking, learning, and performing manual tasks. The second part covers a person who has a history of impairment. This applies to someone who has had cancer, mental illness, or a heart condition. The third part relates to someone who is regarded as having such impairment. In other words, a person may have scars on his or her face but have no physical or mental limitations and no history of having any impairment. The definition of disability is broad; however, some people have encountered discrimination simply because they have a history of disability or because their appearance leads people to perceive that they have a disability.

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