Americans With Disabilities Act

Signed into law in 1990, the Americans with Disabilities Act (ADA), a civil rights statute, prohibits discrimination against qualified persons with disabilities in the areas of employment, telecommunications, and others. Additionally, the ADA reinforces provisions of section 504 of the Rehabilitation Act of 1973, the civil rights law that first recognized persons with disabilities as a protected class. The Civil Rights Act of 1964, which barred discrimination on the [Page 23]basis of race, religion, or national origin, established entitlement to civil rights protections now found in both the ADA and section 504.

Title II of the ADA includes state and local government responsibilities for public education at all levels. Subpart D of section 504 of the Rehabilitation Act of 1973 applies to students with disabilities from preschool through high school; subpart E of section 504 protects students with disabilities attending postsecondary education facilities. The fundamental goal of both the ADA and section 504 is access. Accommodations are often the means through which access is provided to persons with disabilities.

The ADA adopted the definition of disability and the qualified status stipulation found in section 504. To demonstrate that they are members of a protected class, individuals must provide evidence (documentation) that they have a disability that is defined as a physical or mental impairment that substantially limits one or more major life activities, have a record of such impairment, or are regarded as having such impairment. Additionally, to demonstrate their qualified status, they must meet all legitimate standards for participation in educational programs and activities, employment, and so forth, with or without accommodations. In summary, title II of the ADA states that no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by such entity.