ADA and the Rehab Act of 1973

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The American with Disabilities Act
and
The Rehabilitation Act of 1973

Contents:

ADA Title I   -  Employment

ADA Title II  -  Public Services

ADA Title III -  Public Accommodations 

ADA Title IV-  Telecommunications

ADA Title V -  Miscellaneous

The Rehabilitation Act of 1973

Web Sites for Further Information

Regional Disability and Business ADA Technical 
Assistance Centers

Glossary of ADA Terms and Phrases

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The Americans with Disabilities Act

 

ADA Title I  -  Employment

Who it covers:

Employers with 15 or more employees, including private companies, 
state and local governments, employment agencies, and labor organizations.

Individuals with a disability  -  defined as a person who:

has a physical or mental impairment that substantially limits 
a major life activity;

has a record of impairment, or

is regarded as having an impairment.

Individuals with a disability who are qualified for a particular job and can
perform the essential functions of the job with or without reasonable 
accommodation.

 

What it does:

Prohibits employers from discriminating on the basis of physical or mental
disability in regard to job application procedures, the hiring, advancement
or discharge of employees, employee compensation, benefits, job training,
and other terms, conditions and privileges of employment.

Prohibits employers from inquiring about a job applicant's disability (the
existence, nature, or severity), or past or current medical condition.  However,
employers can inquire and ask applicants about their ability to perform job
functions.

Prohibits employers from requiring pre-employment medical exams, or
requiring exams not required by all entering employees in the same position.

Prohibits creating or maintaining worksites that pose substantial physical
barriers to employees with physical disabilities.

Requires employers to make reasonable accommodations to qualified
employees with disabilities, unless such accommodations cause an 
employer undue hardship.

 

Who enforces:   The U.S. Equal Employment Opportunities Commission (EEOC)

 

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ADA Title II  -  Public Services

Who it covers:

 Small state and local government agencies employing fewer than
15 employees.

Applicants and employees with disabilities in small state and local
government agencies employing fewer than 15 employees.

Individuals with disabilities in their access to state and local government
services, programs, activities, and communications.

 

What it does:

Requires all state and local government services, programs, activities, and 
communications be accessible.

Targets accessibility in public transportation, such as city buses, commuter
trains, and bus and rail stations operated by state and local government agencies.

Prohibits discrimination against qualified individuals with disabilities in the 
provision of public services, programs, activities, and communications.

 

Who enforces:    U.S. Department of Justice

 

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ADA Title III  -  Public Accommodations and Services Operated
                          by Private Entities

Who it covers:

Private businesses and service providers, such as restaurants, hotels, medical
offices, theaters, retail stores, libraries, museums, banks, parks, daycare centers,
convention centers, and schools.

 

Who is exempt:

Private clubs and religious organizations.

Private business or service providers that can demonstrate auxiliary aids or
services to individuals with disabilities would impose an undue burden on the
business, or if it would fundamentally alter the goods, services, or operations
of the establishment.  In this case, practicality and effectiveness apply.
For example, restaurants would not be required to provide brailled menus,
nor stores brailled price tags, as long as personnel are available to read items
upon request.  Retail and grocery stores would not be required to lower shelves
as long as personnel are available to assist.

 

What it does:

Prohibits private business and service providers from discriminating against,
refusing to serve, or excluding individuals with disabilities.

Addresses accessibility in existing and newly constructed or remodeled public
accommodations and commercial facilities.

New Construction:   Places of public accommodation, as well as commercial
facilities (including office buildings), must be physically accessible. 

See the Access Board web site for accessibility guidelines and standards.

Existing Buildings:   If removal of a physical barrier is readily achievable or 
can be accomplished without significant difficulty or expense, it must be done.
Examples might include ramping entrance steps, widening rack aisles to 
permit wheelchair access, and providing designated disabled parking 
spaces in close proximity to the building.  However, a business or service 
provider would not be required to rework its facilities to install an elevator, 
for example, unless the installation is readily achievable.

See the Access Board web site for accessibility guidelines and standards.

 

Addresses accessibility in public transportation, such as buses and vans, 
operated by private entities.  Accessibility standards must be met.  Bus station
facilities and other private transportation operations are included.  Some 
implementation extensions are allowed until 2020.

 

Who enforces:    U.S. Department of Justice

                                U.S. Department of Transportation (Public Transportation Provision)

 

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ADA Title IV  -  Telecommunications

Who it covers:

Telephone companies.

Federally funded public service announcements for television.

 

What it does:

Requires telephone companies to offer 24-hour telephone relay services to
customers who have hearing and speech impairments.

Addresses closed captioning of public service announcements.

 

Who enforces:    Federal Communications Commission

 

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ADA Title V  -  Miscellaneous

Title V has a number of miscellaneous provisions, but the following is worth noting.

 

Who it covers:

Employers

 

What it does:

Prohibits threats, intimidation, and retaliation against individuals who exercise
their rights under ADA.

 

Who enforces:    U.S. Equal Employment Opportunities Commission

 

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The Rehabilitation Act of 1973

 

Who it covers:

Section 501  -  Federal government agency employers.

Section 503  -  Private sector employers and state and local government
                           agencies receiving federal contracts in excess of $10,000.

Section 504  -  Private sector employers and state and local government
                           agencies receiving federal financial assistance or under
                           any program or activity conducted by any Executive agency
                           or by the United States Postal Service.

 

Who it covers:

Section 501  -  Protects applicants and employees with disabilities from
                           discrimination in federal government agencies.

Section 503  -  Protects applicants and employees with disabilities from
                           discrimination in private sector and state and local government
                           agencies receiving federal contracts in excess of $10,000.

Section 504  -  Protects applicants and employees with disabilities in private
                           sector and state and local government agencies receiving any
                           federal financial assistance.

                                     Section 504 states:   No otherwise qualified individual with a
                                     disability in the United States shall, solely by reason of his or
                                     her disability, be excluded from the participation in, be denied
                                     the benefits of, or be subjected to discrimination under any
                                     program or activity receiving Federal financial assistance or
                                     under any program or activity conducted by any Executive
                                     agency or by the United States Postal Service.

 

Who enforces:

Section 501  -  The Equal Employment Opportunity Personnel at the agency

Section 503  -  The U.S. Department of Labor, Office of Federal Contract 
                           Compliance Programs

Section 504  -  The Funding Agency

 

For more information, visit the following web site:  The Rehabilitation Act of 1973  (JAN)

 

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Web Sites for Further Information

 

Complete Text of the ADA of 1990   (The Access Board)

An Overview of the ADA   (The Access Board)

The ADA:  Your Responsibilities as an Employer  (EEOC)

Includes:  Who is covered under ADA;  covered employment practices;
who is protected;  how to determine essential functions;  reasonable
accommodation obligations;  best way to identify a reasonable
accommodation;  undue hardship;  medical exams;  disability inquiries;
drug testing;  enforcement;  assistance to employers;  questions and 
answers.

ADA Online Brochures  (U.S. Department of Labor)

These brochures highlight major employment provisions of the ADA.

ADA Links  (Job Accommodation Network)

Includes links for accessing ADA information, accessibility guidelines,
ADA technical assistance, ADA materials, ADA enforcement, and 
related information.

ADA Home Page for Businesses  (U.S. Department of Justice)

Includes:  ADA technical assistance;  ADA standards for accessible design;
toll-free ADA Information Line;  ADA mediation;  ADA resources and
publications.

ADA Technical Assistance and Training Programs  (EEOC)

Provides fee-based Technical Assistance Program Seminars, customer
specific training programs, training designed for federal sector EEO issues
and complaints, and training and technical assistance manuals.

ADA Information Line  (U.S. Department of Justice)

The Rehabilitation Act of 1973  (Job Accommodation Network)

Federal Laws Prohibiting Job Discrimination:  Questions and Answers  (EEOC)

 

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Regional Disability and Business ADA Technical Assistance Centers

 

The National Institute on Disability and Rehabilitation Research (NIDRR) of the U.S. Department of Education has established ten Regional Assistance Centers to provide ADA information and assistance, training, and technical assistance to employers, people with disabilities, and other entities.

Each Regional Assistance Center provides:

Technical assistance

Education and training

Materials dissemination

Information and referral

Public awareness

To locate your Regional Assistance Center, visit the following web site or call  1-800-949-4232 (Voice/TTY).  This toll-free number will automatically route your call to the Assistance Center in your region.

Web site:   Regional Disability and Business ADA Technical Assistance Centers

 

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Glossary of ADA Terms and Phrases

 

Physical or mental impairment:

Any physiological disorder or condition, cosmetic disfigurement, or 
anatomical loss affecting one or more of a variety of body systems.  
It is also a mental or psychological disorder.

Examples include:   visual, hearing, speech, orthopedic impairments;  
cerebral palsy;  chronic heart condition;  epilepsy;  muscular dystrophy;  
multiple sclerosis; HIV or AIDS;  cancer;  heart disease;  diabetes;  mental 
retardation;  emotional illness;  or specific learning disabilities.  A history of 
drug and alcohol addiction is also protected under ADA (including a current 
treatment program), but not if a person is currently using illegal drugs or 
violating an employer's drug-free workplace policy.

Major life activity:  

Basic life functions such as walking, seeing, hearing, speaking, breathing, 
caring for oneself, learning, performing manual tasks, working, sitting, 
standing, lifting, and reaching.

Substantially limits (a major life activity):

To determine if an impairment substantially limits a major life activity, three 
things are considered:

  1. The nature and severity of the impairment;

  2. How long a disability is expected to last; and

  3. The long-term result or impact of the impairment.

Has a record of impairment:

This means an individual has a history of having a disability - or has been 
classified (or misclassified) as having a disability.  Under ADA, a person 
must have a record of an impairment that substantially limits a major life 
activity.  

Regarded as having an impairment: 

This part of the disability definition pertains to the employer's perception 
of the employee.  For example, maybe an employee doesn't have an 
impairment that substantially limits a major life activity, but the employer 
treats the employee like he or she has an impairment.  An example might 
be an employee who has a thyroid condition that's controlled by medication, 
but the employer restricts the employee from doing certain tasks that might 
cause fatigue.  

"Regarded as having an impairment" can also pertain to attitudes of others.
Let's say a person has a disfiguring skin condition.  Although the person 
doesn't have an impairment that limits a major life activity for him or her in 
any way, the employer views the disfigurement as an impairment and refuses 
to consider the person for the job.  Another example would be an employer 
who suspects an applicant has HIV and refuses to hire the person.

Qualified person with a disability:

This means the person must have an meet the necessary qualifications and
requirements for the job, such as education, training, licensure, experience, 
and so on.  Also, the person must be able to perform the "essential functions"
of the job with or without reasonable accommodation.

Essential functions:

Essential functions are the fundamental duties of the job.  A job function may 
be considered essential if:

the job position exists to perform that function;

the job function can only be performed and distributed 
to a limited number of employees;

the applicant is hired for his or her expertise or ability 
to perform the function, or

the consequences of not performing the function are significant 
to the employer.

Reasonable accommodation:

A reasonable accommodation is:

  1. A modification or adjustment to a job application or testing
    process to enable a qualified applicant to participate in the
    application process and be considered for the position;

  2. Modifications or adjustments to the work environment or
    manner in which the job is performed to enable a person
    with a disability to perform the essential job functions; or

  3. Modifications or adjustments that enable an employee with
    a disability to enjoy equal benefits and privileges of 
    employment as enjoyed by others in the same position.

Reasonable (accommodation):

"Reasonable" means that the accommodation is effective, and it allows
the employee to attain an equal level of achievement, opportunity, and
participation as others in the same position.

 

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