Americans with Disabilities Act
Q&A

What is the Americans with Disabilities Act?

The Americans with Disabilities Act (ADA), signed into law in 1990, makes it illegal to discriminate on the basis of disability in the areas of employment, public services, public accommodations, transportation and telecommunications. Provisions are made for personal and federal enforcement of the law.

What is Title I of the Americans with Disabilities Act?

Title I of the Americans with Disabilities Act of 1990, as amended, prohibits discrimination in employment against a qualified individual with a disability because of a disability. Employers are required to make reasonable accommodaion for applicants or employees with disabilities. It also is unlawful under the Act for an employer to retaliate against any individual for opposing employment practices made unlawful by the ADA, or for filing a discrimination charge, testifying, assisting, participating in an investigation, proceeding, or hearing under the ADA. The ADA does not interfere with the employer's right to hire the best-qualified applicant.

Who is protected by Title I of the ADA?

Title I protects qualified people with disabilities who can perform the essential functions of a job, with or without a reasonable accommodation.

Disability means a physical or mental impairment that substantially limits one or more major life activities, e.g., seeing, hearing, speaking, walking, working, learning, breathing, performing manual tasks, and caring for oneself.

Who is responsible for enforcing Title I?

The Equal Employment Opportunity Commission (EEOC) enforces Title I against private employers. Title I designates the EEOC as the federal agency primarily responsible for investigating individual charges of discrimination under the Act. The Disability Rights Section of the Civil Rights Division, U.S. Department of Justice enforces Title I against state and local government employers. Public employees may file a charge of discrimination with the
EEOC.

What is the relationship between the EEOC and the U.S. Department of Justice?

If the EEOC, after investigating a charge of employment discrimination filed against a state or local government employer under Title VII or the Americans with Disabilities Act determines that there is reasonable cause to believe a violation of the law has occurred and conciliation efforts are unsuccessful, the EEOC will then refer the charge to the Department of Justice. The Department of Justice will either initiate litigation on the charge
or issue a notice of right to sue to the charging party, which entitles the charging party to file his or her own lawsuit in court.

What is Title II of the ADA?

Title II of the ADA states that no qualified individual with a disability shall be subject to discrimination by a public entity. Many functions of state and local governments were previously prohibited from discrimination because they received federal funds. Under Section 504 of the Rehabilitation Act of 1973, any entity that accepted money from any federal agency was not permitted to discriminate on the basis of disability. The ADA expands this coverage to all services provided by state and local governments, regardless of whether they receive federal money.

Who enforces Title II?

Private inviduals may bring lawsuits to enforce Title II. Remedies available are the same as those provided under Section 504 of the Rehabilitation Act of 1973, including injunctive relief and damages. Charges may be filed with the EEOC within 300 days of alleged discrimination.

What is Title III of the ADA?

Title III of the ADA states that no individual with a disability shall be
discriminated against because of his or her disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accomoodations of any place of public accommodation. A place of public accommodation is defined as a facility operated by a private entity that affects interstate commerce and falls wihtin at least one of these categories:

• lodging, such as inns, hotels and motel
• establishments serving food or drink, such as restaurants and bars
• places of exhibition or entertainment, such as theatres, auditoriums, and stadiums
• places of public gathering, such as auditoriums, convention centers and lecture halls
• sales or rental establishments, such as grocery stores, bakeries, clothing stores and shopping centers
• service establishments, such as dry cleaners, banks, beauty shops, hospitals and offices of health-care professionals, lawyers and accountants
• places of exercise or recreation, such as gymnasiums, health spas, bowling alleys, golf courses.

Are people with AIDS covered by the ADA?

Yes, the ADA protects people with AIDS and those who carry the HIV virus.

Are drug users protected by the ADA?

Anyone who is currently using drugs illegally is not protected by the ADA. In addition, they may be denied employment if fired previously on the basis of such use. Generally, those who have recovered from drug use or are currenly in drug rehabilitation, recovery or treatment programs are protected by the ADA.

Do employers have to make reasonable accommodations for a
disability they do not know about?

No. The obligation torovide reasonable accommodation applies only to known disabilities.

What is a reasonable accommodation?

Reasonable accommodation is a change or adjustment to a job or work environment that permits a qualified applicant or employee with a disability to participate in the job application process, to perform essential functions of the job, or to enjoy benefits and privileges of employment equal to those enjoyed by other employees. Examples of reasonable accommodation include:

• making a workplace readily accessible to and usable by people with disabilities
• providing or modifying equipment or devices
• job restructuring, modifying schedules, reassigning to a vacant
  position
• providing readers or interpreters
• adjusting or modifying examination, training materials or policies

What is an undue hardship to an employer?

An undue hardship means an action would be unduly costly, disruptive, extensive or would fundamentally alter the nature or operation of the business. The following factors should be considered in determining if a reasonable accommodation is an undue hardship to an employer:

• the nature and cost of the accommodation
• the type of operation of the covered entity
• the employer's size and overall financial resources
• the impact of the accommodation on the employer's operation