Americans with Disabilities Act

Precursors of the ADA

The Architectural Barriers Act of 1968, which was concerned with access to federal and federally financed buildings for persons with disabilities, and Sections 501, 503, and 504 of the Rehabilitation Act Amendments of 1973, which mandated programmatic access of persons with disabilities to organizations receiving federal funds, were precursors of the ADA. The Education for All Handicapped Children Act of 1975 entitled children with disabilities to a free, appropriate education and reinforced inclusiveness by the U.S. government. The need for specific legislation protecting persons with disabilities from discrimination was bolstered by a report titled “Toward Independence,” issued by the National Council on Disability in 1986.

The ADA's passage into law is significant because it involved many people working together to bring about change. The final passage of the ADA occurred because people with many different kinds of disabilities–from people who were blind to those with developmental disabilities, along with families and advocates– worked together in ways that were unprecedented in American disability history.

Disability Defined

The ADA defines persons with disabilities as persons who have a physical or mental impairment that substantially limits one or more of their major life activities; who have a record of such impairment; or who are regarded as having such an impairment.

The ADA says that persons with disabilities may not be discriminated against in employment on the basis of their disability; however, they must be qualified for the job, with the requisite work, experience, education, and other requirements of the position, and must, with or without reasonable accommodation, be [Page 44]able to perform the essential functions of the position. At the same time, there is an inherent obligation of employers to remove barriers and to provide “reasonable accommodation.”

The ADA also extends the anti-discrimination mandate to local and state governments and to organizations in the public arena, such as banks, supermarkets, retailers, and restaurants. Government and businesses must remove barriers that are “readily achievable” and are not an “undue hardship” for them.