Americans with Disabilities Act

Patterned largely after Section 504 of the Rehabilitation Act, the Americans with Disabilities Act [Page 28](ADA; 42 U.S.C. §§ 12101 et seq.) protects the disabled by imposing far-reaching obligations on private-sector employers, public services and accommodations, and transportation. The ADA provides a comprehensive federal mandate to eliminate discrimination against people with disabilities and provides “clear, strong, consistent and enforceable standards” (§ 12101(b)(2)) for doing so. The ADA's broad definition of a disability is comparable to the one in Section 504: “(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 (§ 12102(2)). Further, like Section 504, “[M]ajor life activities” include caring for oneself, hearing, walking, speaking, seeing, breathing, and learning. As with Section 504, the ADA does not require one to have a certificate from a doctor or a psychologist in order to be covered.

The ADA specifically excludes a variety of individuals, most notably those who use illegal drugs (§ 12210). The ADA also specifically excludes transvestites (§ 12208); homosexuals and bisexuals (§ 12211(a)); transsexuals, pedophiles, exhibitionists, voyeurs, and those with sexual behavior disorders (§ 12211(b)); and those with conditions such as psychoactive substance use disorders stemming from current illegal use of drugs (§ 12211(c)). However, the ADA amends Section 504 in that individuals who have successfully completed drug treatment or have otherwise been rehabilitated and are no longer engaged in illegal drug use and who have been “erroneously” regarded as being drug users are covered if they are no longer using illegal drugs (§ 12110). The ADA permits drug testing by employers to ensure that workers are in compliance with the Drug-Free Workplace Act of 1988 (41 U.S.C. Sec. 701). Although it permits employers to prohibit the use of illegal drugs or alcohol in the workplace, the ADA is less clear about the status of alcoholics; it appears that the protections afforded rehabilitated drug users extend to recovering alcoholics.

The ADA addresses three major areas: First, it addresses employment in the private sector and is directly applicable to private schools and colleges. Second, it addresses state and local governments both as employers and as providers of public services, including transportation, and part of the law applies to public educational institutions. Insofar as the reasonable accommodations requirements in these provisions imply academic program accommodations, qualified students with disabilities can participate in educational institutions at all levels. Third, it deals with private sector public accommodations in buildings and transportation services, and so it may apply to schools and colleges that provide public accommodations. Under its miscellaneous provisions, the ADA stipulates that it cannot be construed as applying a lesser standard than that under Section 504 and its regulations.