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Americans with Disabilities Act

The Americans with Disabilities Act (ADA), which was signed into law by President George H. W. Bush in 1990, protects an array of individuals with disabilities at colleges and universities from discrimination by imposing comprehensive obligations on private sector employers, public services and accommodations, and transportation. In this respect, the ADA effectively extends the reach of Section 504 of the Rehabilitation Act of 1973 to the private sector and programs that do not received federal financial assistance.

The purpose of the ADA, as stated in its preamble, is “to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities” (42 U.S.C. § 12101). The ADA provides protections similar to those of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, religion, sex, and national origin. The ADA was recently amended by the Americans with Disabilities Act Amendments Act of 2008 (ADAAA). The ADAAA expanded the ADA's definition of disability as it had been interpreted by the courts.

Definition of Disability

The ADA provides a comprehensive federal directive for covered entities to eliminate discrimination against individuals with disabilities and to provide “clear, strong, consistent and enforceable standards” (42 U.S.C. § 12101(b)(2)) to help achieve this goal. The ADA defines an individual with a disability as one who has “(a) a physical or mental impairment that substantially limits one or more of the major life activities; (b) a record of such an impairment; or (c) being regarded as having such an impairment” (42 U.S.C. § 12102(2)). The ADAAA makes it clear that this definition covers persons who suffer from epilepsy, diabetes, cancer, multiple sclerosis, and other ailments even though measures may be taken to mitigate the effects of their conditions. On the other hand, the amendments specifically provide an exception so that employers can consider the mitigating effects of ordinary eyeglasses or contact lenses in determining whether visual impairments substantially limit major life activities. The ADA defines major life activities as caring for oneself, hearing, walking, speaking, seeing, breathing, and learning. The ADA does not require individuals to have certificates from doctors or psychologists in order to be covered by its provisions.

The ADA specifically excludes a variety of individuals from its protections. In particular, those who use illegal drugs (42 U.S.C. § 12210); are transvestites (42 U.S.C. § 12208); are homosexuals and bisexuals (42 U.S.C. § 12211(a)); are transsexuals, pedophiles, exhibitionists, voyeurs, and those with sexual behavior disorders (42 U.S.C. § 12211(b)); and those with conditions such as psychoactive substance use disorders stemming from current illegal use of drugs (42 U.S.C. § 12211(c)) are not protected by the ADA.

The ADA's Five Titles

The ADA has five major sections or titles, as they are known. Title I, which protects individuals with disabilities with regard to employment in the private sector, is directly applicable to private postsecondary institutions. It is specifically applicable to the hiring process as well as the promotion and discharge of employees. This title requires employers to make reasonable accommodations for otherwise qualified individuals once they are aware of the individuals' conditions. This means that in order to be covered by the ADA, employees need to inform appropriate authorities within the institutions of their conditions and provide specific suggestions on how their needs can be met.

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