Americans with Disabilities Act

History and Background of the ADA

The ADA was passed in 1990. Senator Tom Harkin of Iowa assisted in authoring the bill. Upon passage of the bill in the Senate, Harkin delivered his Senate floor speech in American Sign Language (ASL) so that his Deaf brother would have access. This was the first time in history that such a speech was given in ASL. On July 26, 1990, the ADA was signed into law by President George H. W. Bush. It was later amended on January 1, 2009, when President George W. Bush signed the ADA Amendments Act of 2008 into law. The amendments were meant to give broader protections for individuals with disabilities.

The history of the ADA began long before the signing ceremony on July 26, 1990, and even before 1988, when it was first introduced in Congress. The disability rights movement began in the 1960s with the civil rights movement and has evolved since that time. Women and racial minorities, among others, were protected by civil rights legislation beginning in the 1960s (Civil Rights Act of 1964, Voting Rights Act of 1965, and Civil Rights Act of 1968). The Civil Rights Act of 1964 prohibited discrimination by employers, entities receiving federal funds, and places of public accommodations (e.g., public restrooms, restaurants, and public transportation). The Civil Rights Act of 1968 similarly prohibited discrimination in housing. However, the rights of people with disabilities were not considered or protected by federal legislation until later.

President I. King Jordan at American Disability Act Rally, 1990

Source: Gallaudet University Archives

Between 1968 and 1990, about 50 acts of Congress affected people with disabilities, ending with the landmark ADA. For example, Section 504 of the Rehabilitation Act of 1973 (Section 504) protected people with disabilities from discrimination in federally funded programs. Later, the All Handicapped Children Act of 1975 (later reauthorized as IDEA) ensured that children with disabilities could receive a “free and appropriate education” in public schools. This meant that children with disabilities would receive services tailored to their needs in the most integrated setting possible. Both of these statutes were important steps in laying the groundwork for passing the ADA. Section 504 [Page 26]marked the first time the exclusion and segregation of people with disabilities was thought of as discrimination from a legal perspective. It also marked the first time that people with disabilities were viewed as a minority group—this concept was fundamental in creating a foundation for advocacy efforts. Still, individuals with disabilities were not yet protected from discrimination in work environments or in the private sector. Ultimately, the ADA filled that gap.

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