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The '''Americans with Disabilities Act of 1990'''<ref name=ada90>[http://finduslaw.com/americans_with_disabilities_act_of_1990_ada_42_u_s_code_chapter_126 Americans with Disabilities Act of 1990]</ref><ref>{{USStatute|101|336|104|327|1990|07|26}}, codified at {{UnitedStatesCode|42|12101}}</ref> (ADA) is a law that was enacted by the [[United States Congress|U.S. Congress]] in 1990. It was [[sign into law|signed into law]] on July 26, 1990, by [[George H. W. Bush|President George H. W. Bush]], and later amended with changes effective January 1, 2009.<ref>{{cite web| title= President Bush Signs ADA Changes into Law | date= 2008-09-25 | publisher= HR.BLR.com | url= http://hr.blr.com/news.aspx?id=78926}}</ref>
The '''Americans with Disabilities Act of 1990''' (ADA) is the short title of [[United States]] Public Law 101-336, 104 Stat. 327 (July 26, 1990), codified at {{usc|42|12101}} et seq., [[List of United States federal legislation|signed into law]] on [[July 26]], [[1990]] by President [[George H. W. Bush]]. The ADA is a wide-ranging [[civil rights]] law that prohibits [[discrimination]] based on [[disability]]. It affords similar protections against discrimination to [[Americans with disabilities]] as the [[Civil Rights Act of 1964|Civil Rights Act]] of [[1964]], which made discrimination based on [[race]], [[religion]], [[gender|sex]], national origin, and other characteristics illegal. Disability is defined "a physical or mental impairment that substantially limits a major life activity." The determination of whether a particular condition is a disability is made on a case by case basis. Certain specific conditions are excluded as disabilities, such as current substance abusers and [[transsexual]]ity.
 
   
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The ADA is a wide-ranging [[civil rights]] law that prohibits, under certain circumstances, [[discrimination]] based on [[disability]]. It affords similar protections against discrimination to [[Americans with disabilities]] as the [[Civil Rights Act of 1964]],<ref>[http://finduslaw.com/civil_rights_act_of_1964_cra_title_vii_equal_employment_opportunities_42_us_code_chapter_21 Civil Rights Act of 1964] {{WebCite|url=http://www.webcitation.org/5lHSBSuc4|date =2009-11-14}}</ref> which made discrimination based on [[Race (classification of human beings)|race]], [[religion]], [[gender|sex]], national origin, and other characteristics illegal. Disability is defined by the ADA as "a physical or mental impairment that substantially limits a major life activity." The determination of whether any particular condition is considered a disability is made on a case by case basis. Certain specific conditions are excluded as disabilities, such as current substance abuse and visual impairment which is correctable by prescription lenses.
==Structure==
 
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The ADA consists of three introductory sections and five titles:
 
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The "original intent" of the law, as co-conceived by Lex Frieden and Mitchell J. Rappaport, was to create civil rights law protections for people with disabilities that would be permanent, would not be able to be reversed or weakened, and would prohibit all discrimination. It was also intended so that Americans with disabilities would be kept in the mainstream in terms of scientific and medical research and developments, especially opening future opportunities in Space exploration to them, as well as public policy changes, healthcare law and policy changes, and civil rights protections and public law changes for Americans with physical, mental and cognitive disabilities. It was intended to be a flexible set of laws that could only be strengthened, not weakened, by future case law.
*Introductory Sections
 
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**Table of Contents
 
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On September 25, 2008, President [[George W. Bush]] signed into law the [[ADA Amendments Act of 2008]] (ADAAA). This was intended to give broader protections for disabled workers and "turn back the clock" on court rulings which Congress deemed too restrictive.<ref name=BLR>{{cite web| title= ADA Amendments Act (ADAAA)—What Employers Need to Know | year= 2008 | publisher= HR.BLR.com | url= http://www.blr.com/information-ada/ }}</ref> The ADAAA includes a list of "major life activities."
**Findings and Purposes
 
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**Definitions
 
==Main Section==
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==Titles of the ADA==
 
===Title I - Employment===
 
===Title I - Employment===
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:''See {{UnitedStatesCode|42|12111|12117}}.''
The ADA states that ''covered entity'' shall not discriminate against a ''qualified'' individual with a disability. This applies to job application procedures, hiring, advancement or discharge of employees, [[employee compensation|worker's compensation]], job training, and other terms, conditions, and privileges of employment. ''Covered entity'' can refer to an [[employment agency]], [[labor organization]], or joint [[labor-management]] committee, and is generally an employer engaged in interstate commerce and having 15 or more workers. Discrimination, among other things, may include limiting or classifying a job applicant or employee in an adverse way, denying employment opportunities to people who truly qualify, or not making reasonable accommodations to the known physical or mental limitations of disabled employees, not advancing employees with disabilities in the business, and/or not providing needed accommodations in training. Employeers can use medical entrance examinations for applicants, after making the job offer, only if ''all'' applicants (regardless of a lack of any disabilities) must take it, and if it is treated as a confidential [[medical record]]. It should be noted that ''qualified individuals'' do not include any employee or applicant who is currently engaging in the illegal use of drugs.
 
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[[File:President George H W Bush Signing of the ADA (Americans with Disabilities Act) Bill 1990.gif|thumb|right|Speech cards used by President George H. W. Bush at the signing ceremony of the Americans with Disabilities Act (ADA) on July 26, 1990.<ref name=ada90/>]]
   
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The ADA states that a ''covered entity'' shall not discriminate against ''a qualified individual with a disability''.<ref name="12112a">{{UnitedStatesCode|42|12112(a)}}</ref> This applies to [[application for employment|job application]] procedures, hiring, advancement and discharge of employees, [[workers' compensation]], job training, and other terms, conditions, and privileges of employment. ''Covered entity'' can refer to an [[employment agency]], [[labor organization]], or joint [[Industrial relations|labor-management]] committee, and is generally an employer engaged in interstate commerce and having 15 or more workers.<ref>{{UnitedStatesCode|42|12111(2)}}</ref> Discrimination may include, among other things, limiting or classifying a job applicant or employee in an adverse way, denying employment opportunities to people who truly qualify, or not making [[reasonable accommodation]]s to the known physical or mental limitations of disabled employees, not advancing employees with disabilities in the business, and/or not providing needed accommodations in training materials or policies, and the provision of qualified readers or interpreters. Employers can use medical entrance examinations for applicants, after making the job offer, only if ''all'' applicants (regardless of disability) must take it and it is treated as a confidential [[medical record]]. ''Qualified individuals'' do not include any employee or applicant who is currently engaging in the illegal use of drugs when that usage is the basis for the employer's actions.<ref>{{UnitedStatesCode|42|12111}}</ref>
===Title II - Public Services (and public transportation)===
 
Title II has two sections. One covers public agencies (local, county, state, etc., government and their units). That section generally requires the agencies to comply with [[Section 504]].
 
   
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Part of Title I was found unconstitutional by the [[United States Supreme Court]] as it pertains to states in the case of ''[[Board of Trustees of the University of Alabama v. Garrett]]'' as violating the [[sovereign immunity]] rights of the several states as specified by the [[Eleventh Amendment to the United States Constitution]]. The provision allowing private suits against states for [[money damages]] was invalidated.
The other section of Title II is specific to public transportation. It includes the [[National Railroad Passenger Corporation]], along with all other commuter authorities.
 
   
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===Title II - Public Entities (and public transportation)===
Both sections state that no qualified individual with a disability shall be subjected to discrimination or excluded from the benefits of the services, programs, or activities of a ''public entity'', or be subjected to discrimination by any such entity due to his or her disablity. A "public entity" can be any state or local government or any department or agency thereof. The lack of accessibility or certain services can be considered discrimination, regardless of who it actually affects. For example, a lack of wheelchair accessibility in passenger cars, or even the leasing of wheelchair inaccessible ones without a "good faith" attempt to lease wheelchair accessible ones is considered discrimination under the ADA and the [[Rehabilitation Act of 1973]].
 
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:''See {{UnitedStatesCode|42|12131|12165}}.''
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[[File:Handicapped Accessible sign.svg|thumb|left|75px|Access sign]]
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Title II prohibits disability discrimination by all public entities at the local (''i.e.'' school district, municipal, city, county) and state level. Public entities must comply with Title II regulations by the [[U.S. Department of Justice]]. These regulations cover access to all programs and services offered by the entity. Access includes physical access described in the ADA Standards for Accessible Design and programmatic access that might be obstructed by discriminatory policies or procedures of the entity.
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Title II applies to public transportation provided by public entities through regulations by the [[U.S. Department of Transportation]]. It includes the [[Amtrak|National Railroad Passenger Corporation]], along with all other commuter authorities. This section requires the provision of paratransit services by public entities that provide fixed route services.
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Title II also applies to all state and local public housing, housing assistance, and housing referrals. The [[Office of Fair Housing and Equal Opportunity]] is charged with enforcing this provision.
   
 
===Title III - Public Accommodations (and Commercial Facilities)===
 
===Title III - Public Accommodations (and Commercial Facilities)===
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:''See {{UnitedStatesCode|42|12181|12189}}.''
Under Title III, no individual may be discriminated against on the basis of disability with regards to the full and equal enjoyment of the goods, services, facilities, or accommodations of any place of ''public accommodation'' by any person who owns, leases (or leases to), or operates a place of ''public accommodation''. "Public accommodations" include most places of lodging (such as inns and hotels), recreation, transportation, education, and dining, along with stores, care providors, and places of public displays, among other things. The standard is one of "readily achievable," defined as easily and inexpensively done. There are exceptions to this title; many private clubs, religious organizations, and historical landmarks may not be bound by Title III. Nonetheless, as [[Frank Bowe]] predicted when he testified as the lead witness on Title III in the Senate hearings leading up to enactment, the fact that Title III calls for accessibility in, and alterations to, many thousands of stores, restaurants, hotels, etc., in many thousands of communities across the U.S. means that this Title probably has had more effect on the lives of more Americans with disabilities than any other ADA title.
 
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Under Title III, no individual may be discriminated against on the basis of disability with regards to the full and equal [[enjoyment]] of the goods, services, facilities, or accommodations of any place of ''public accommodation'' by any person who owns, leases (or leases to), or operates a place of ''public accommodation''. "Public accommodations" include most places of lodging (such as inns and hotels), recreation, transportation, education, and dining, along with stores, care providers, and places of public displays, among other things.
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Under Title III of the ADA, all "new construction" (construction, modification or alterations) after the effective date of the ADA (approximately July 1992) must be fully compliant with the Americans With Disabilities Act Accessibility Guidelines (ADAAG)<ref name=ada90/> found in the [[Code of Federal Regulations]] at 28&nbsp;C.F.R., Part 36, Appendix "A."
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Title III also has application to existing facilities. One of the definitions of "discrimination" under Title III of the ADA is a "failure to remove" architectural barriers in existing facilities. See {{UnitedStatesCodeSub|42|12182|b|2|A|iv}}. This means that even facilities that have not been modified or altered in any way after the ADA was passed still have obligations. The standard is whether "removing barriers" (typically defined as bringing a condition into compliance with the ADAAG) is "readily achievable," defined as "easily accomplished without much difficulty or expense."
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The statutory definition of "readily achievable" calls for a [[balancing test]] between the cost of the proposed "fix" and the wherewithal of the business and/or owners of the business. Thus, what might be "readily achievable" for a sophisticated and financially capable corporation might not be readily achievable for a small or local business.
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There are exceptions to this title; many private clubs and religious organizations may not be bound by Title III. With regard to historic properties (those properties that are listed or that are eligible for listing in the [[National Register of Historic Places]], or properties designated as historic under State or local law), those facilities must still comply with the provisions of Title III of the ADA to the "maximum extent feasible" but if following the usual standards would "threaten to destroy the historic significance of a feature of the building" then alternative standards may be used. Nonetheless, as [[Frank Bowe]] predicted when he testified as the lead witness on Title III in the Senate hearings leading up to enactment{{Citation needed|date=May 2009}}, the fact that Title III calls for accessibility in, and alterations to, thousands of stores, restaurants, hotels, etc., in thousands of communities across the U.S. means that this Title probably has had more effect on the lives of more Americans with disabilities than any other ADA title.<ref>{{UnitedStatesCode|42|12162}}</ref>
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On September 15, 2010, the Department of Justice issued revised regulations for implementation of Titles II and III, effective March 15, 2011.<ref>U.S. Department of Justice (February 16, 2011), [http://www.ada.gov/revised_effective_dates-2010.htm 2010 Revised ADA Requirements: Effective Date and Compliance Date]</ref> The rules contain many new requirements for public accommodations, as well as an “element by element safe harbor.”<ref>Kim R. Blackseth (July 20, 2011, UrbDeZine), [http://urbdezine.com/2011/07/20/how-the-new-ada-effects-all-of-us How The New ADA Effects All of Us]</ref> Public [[Swimming Pool]] owners and operators must gear up for compliance with the 2010 Standards for Accessible Design with regard to existing swimming pools, wading pools and spas by January 31, 2013.<ref>{{cite web |title= ADA Pool Lift Deadline Extended Until January 31, 2013 |url= http://www.natlawreview.com/article/ada-pool-lift-deadline-extended-until-january-31-2013|publisher= [[Greenberg Traurig]], LLP |work=The National Law Review|date=2012-05-18|accessdate=2012-06-20}}</ref> The Department of Justice has published “ADA 2010 Revised Requirements: Accessible Pools - Means of Entry and Exit” which is designed to assist pool owners and operators with understanding the new accessibility requirements, the application of the requirements and the longstanding obligations of pool owners and operators in connection with the new requirements.<ref>{{cite web |title=ADA 2010 Revised Requirements: Accessible Pools - Means of Entry and Exit |url=http://www.ada.gov/pools_2010.htm |publisher=U.S. Department of Justice Civil Rights Division|date=2012-05-24|accessdate=2012-06-20}}</ref>
   
 
===Title IV - Telecommunications===
 
===Title IV - Telecommunications===
Title IV of the ADA amended the landmark 1934 Communications Act by requiring that all 1,600-odd telecommunications companies in the U.S. take steps to ensure functionally equivalent services for consumers with disabilities, notably those who are deaf or hard of hearing and those with speech impairments. When Title IV took effect, in the early 1990s, it led to installation of public TTY machines (TDD devices). Title IV also led to creation, in all 50 States and the District of Columbia, of what were then called dual-party relay services and now are known as Telecommunications Relay Services (TRS). Today, many TRS-mediated calls are made over the Internet by consumers who use broadband connections. Some are video relay service (VRS) calls, while others are text calls. In either variation, communication assistants translate between the signed/typed words of a consumer and the spoken words of others. In 2006, according to the Federal Communications Commission (FCC), VRS calls averaged two million minutes a month. That statistic captures the tremendous impact of Title IV. It has made it not only possible, but very easy, for people who are deaf, hard of hearing, and/or speech-impaired to call friends and co-workers, order a pizza, or make a doctor appointment.
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Title IV of the ADA amended the landmark [[Communications Act of 1934]] primarily by adding section {{UnitedStatesCode|47|225}}. This section requires that all telecommunications companies in the U.S. take steps to ensure functionally equivalent services for consumers with disabilities, notably those who are deaf or hard of hearing and those with speech impairments. When Title IV took effect in the early 1990s, it led to installation of public [[Teletypewriter]] (TTY) machines and other TDDs ([[Telecommunications Device for the Deaf]]). Title IV also led to creation, in all 50 States and the District of Columbia, of what were then called dual-party relay services and now are known as [[Telecommunications Relay Services]] (TRS), such as [[STS Relay]]. Today, many TRS-mediated calls are made over the Internet by consumers who use broadband connections. Some are [[Video Relay Service]] (VRS) calls, while others are text calls. In either variation, communication assistants translate between the signed/typed words of a consumer and the spoken words of others. In 2006, according to the [[Federal Communications Commission]] (FCC), VRS calls averaged two million minutes a month.
   
 
===Title V - Miscellaneous Provisions===
 
===Title V - Miscellaneous Provisions===
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:''See {{UnitedStatesCode|42|12201|12213}}.''
Title V includes technical provisions. It discusses, for example, the fact that nothing in the ADA amends, overrides or cancels anything in [[Section 504]].
 
   
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Title V includes technical provisions. It discusses, for example, the fact that nothing in the ADA amends, overrides or cancels anything in [[Section 504]].<ref>{{UnitedStatesCode|42|12187}}</ref> Additionally, Title V includes an anti retaliation or coercion provision. The Technical Assistance Manual for the ADA explains it: "III-3.6000 Retaliation or coercion. Individuals who exercise their rights under the ADA, or assist others in exercising their rights, are protected from retaliation. The prohibition against retaliation or coercion applies broadly to any individual or entity that seeks to prevent an individual from exercising his or her rights or to retaliate against him or her for having exercised those rights . . . Any form of retaliation or coercion, including threats, intimidation, or interference, is prohibited if it is intended to interfere.
==Groups who worked to pass the ADA==
 
The ADA is notable because many disparate groups came together for a common purpose. In addition, other [[civil rights]] groups outside the disability community helped. The late [[Justin Dart]] worked tirelessly, travelling to all 50 States, to bring these many groups together in common cause.
 
*[[AIDS Action Council]]
 
*[[AIDS National InterFaith Network]]
 
*[[American Civil Liberties Union]]
 
*[[American Foundation for the Blind]]
 
*[[Americans Disabled for Accessible Public Transit]] (ADAPT)
 
*[[Association for Education and Rehabilitation of the Blind and Visually Handicapped]]
 
*[[Association for Retarded Citizens]]
 
*[[Consortium for Citizens with Disabilities]]
 
*[[Disability Rights Education and Defense Fund]]
 
*[[Dole Foundation]]
 
*[[Eastern Paralyzed Veterans of America]]
 
*[[Epilepsy Foundation of America]]
 
*[[Human Rights Campaign]] Fund
 
*[[Institution for Rehabilitation and Research]]
 
*[[Leadership Conference on Civil Rights]]
 
*[[Legal Action Center]]
 
*[[Mental Health Law Project]]
 
*[[National Association of the Deaf]]
 
*[[National Association of Developmental Disabilities Councils]]
 
*[[National Association of Protection and Advocacy Systems]]
 
*[[National Center for Law and the Deaf]]
 
*[[National Council of Independent Living]]
 
*[[National Council on Disability]]
 
*[[National Disability Action Center]]
 
*[[National Easter Seals Society]]
 
*[[National Organization Responding to AIDS]]
 
*[[Paralyzed Veterans of America]]
 
*[[President's Committee on Employment of People with Disabilities]]
 
*[[Society for Accessible Travel & Hospitality]]
 
*[[Spina Bifida Association of America]]
 
*[[United Cerebral Palsy Association]]
 
   
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==Major life activities==
==Quote==
 
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The ADA defines a covered disability as "a physical or mental impairment that substantially limits a major life activity." The [[Equal Employment Opportunity Commission]] (EEOC) was charged with interpreting the 1990 law with regard to discrimination in employment. Its regulations narrowed "substantially limits" to "significantly or severely restricts". {{Citation needed|date=July 2011}}
On signing the measure, George H. W. Bush said,
 
<blockquote>"I know there may have been concerns that the ADA may be too vague or too costly, or may lead endlessly to litigation. But I want to reassure you right now that my administration and the United States Congress have carefully crafted this Act. We've all been determined to ensure that it gives flexibility, particularly in terms of the timetable of implementation; and we've been committed to containing the costs that may be incurred.... ''Let the shameful wall of exclusion finally come tumbling down.''"
 
</blockquote> [Emphasis added, see References for the URL]
 
   
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In 2008, effective January 1, 2009, the ADAAA broadened the interpretations and added to the ADA examples of "major life activities" including, but not limited to, "caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working" as well as the operation of several specified "major bodily functions."<ref name=BLR /> The Act overturns a 1999 U.S. Supreme Court case which held that an employee was not disabled if the impairment could be corrected by mitigating measures; it specifically provides that such impairment must be determined without considering such ameliorative measures. Another court restriction overturned is the interpretation that an impairment that substantially limits one major life activity must also limit others to be considered a disability.<ref name=BLR />
===Criticism===
 
The ADA is frequent target of criticism. For example, conservatives claim that lesser disabilities including [[clinical depression]] or minor neck or back pain (see [[neuropathy]]) are being accommodated when they should not be. Second, the ADA allegedly creates a class of "professional plaintiffs" who make a living out of collecting monetary damages from noncompliant businesses.
 
   
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The ADAAA will undoubtedly lead to broader coverage of impaired employees. The [[United States House Committee on Education and Labor]] states that the amendment "makes it absolutely clear that the ADA is intended to provide broad coverage to protect anyone who faces discrimination on the basis of disability".<ref name=HouseCommittee>{{cite web| author= House of Representatives Committee on Education and Labor | title= The ADA Amendments Act of 2008 | url= http://edlabor.house.gov/issues/adaaa.shtml#1 | quote= BROKEN LINK}} {{dead link|date=March 2011}}</ref> Required doctor visits are not to be held against anyone with a disability.{{Citation needed|date=January 2010}}
Even those who support the intent of the law worry that it might have unintended consequences. Among other arguments, they hypothesize that the Act creates additional legal risks for employers who then quietly avoid hiring people with disabilities to avoid this risk. And such researchers (e.g., DeLeire, 2000; Acemoglu & Angrist, 2001) claim to have documented a sharp drop in employment among the disabled after passage of the Act (see Schwochau & Blanck for counter arguments).
 
   
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==Opposition to the act==
Others (see Schall, 1998) believe that the law has been ineffectual; presumably, even stronger legislation (or legislation that crafts a different reward structure) is needed to achieve the Act's intended goals.
 
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===Opposition from religious groups===
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The debate over the Americans with Disabilities Act led some religious groups to take opposite positions.<ref name="Lawton">Lawton, K.A. ''Christianity Today'', 10/8/90, Vol. 34 Issue 14, p71</ref> Some religious groups, such as the Association of Christian Schools International, opposed the ADA in its original form.<ref>"Should the Senate Approve the Americans with Disabilities Act of 1989?" [[Congressional Digest]] December (1989): 297</ref> ACSI opposed the Act primarily because the ADA labeled religious institutions “public accommodations,” and thus would have required churches to make costly structural changes to ensure access for all.<ref>"Should the Senate Approve the Americans with Disabilities Act of 1989?" [[Congressional Digest]] December (1989): 297.</ref> The cost argument advanced by ACSI and others prevailed in keeping religious institutions from being labeled as “public accommodations,” and thus churches were permitted to remain inaccessible if they choose.
   
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In addition to opposing the ADA on grounds of cost, church groups like the National Association of Evangelicals testified against the ADA’s Title I (employment) provisions on grounds of religious liberty. The NAE felt that the regulation of the internal employment of churches was "... an improper intrusion [of] the federal government."<ref name="Lawton" />
Libertarians believe [[accommodation laws]] restrict the [[free market]].
 
   
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===Opposition from business interests===
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Many members of the business community opposed the passage of the Americans with Disabilities Act. Testifying before Congress, Greyhound Bus Lines stated that the Act had the potential to “deprive millions of people of affordable intercity public transportation and thousands of rural communities of their only link to the outside world.” The US Chamber of Commerce argued that the costs of the ADA would be “enormous” and have “a disastrous impact on many small businesses struggling to survive”.<ref>"Should the Senate Approve the Americans with Disabilities Act of 1989?" [[Congressional Digest]] December (1989): 208.</ref> The National Federation of Independent Businesses, an organization that lobbies for small businesses, called the ADA “a disaster for small business.”<ref>Mandel, Susan. "Disabling the GOP." The National Review 6/11/1990, Vol. 42 Issue 11, p23-24</ref> Pro-business conservative commentators joined in opposition, writing that the Americans with Disabilities Act was “an expensive headache to millions” that would not necessarily improve the lives of people with disabilities.<ref>Doherty, Brian. Reason, Aug/Sep95, Vol. 27 Issue 4, p18</ref>
   
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==Quotations==
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[[File:Bush signs in ADA of 1990.jpg|thumb|right|250px|President Bush signs the Americans with Disabilities Act into law]]
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{{listen
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|title=Remarks on the Signing of the Americans with Disabilities Act (July 26, 1990)
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|filename=George HW Bush Americans with Disabilities Act.ogg
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|description =[[George H. W. Bush]]'s July 26, 1990 Remarks on the Signing of the Americans with Disabilities Act
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On signing the measure, [[George H. W. Bush]] said: {{quote|I know there may have been concerns that the ADA may be too vague or too costly, or may lead endlessly to litigation. But I want to reassure you right now that my administration and the United States Congress have carefully crafted this Act. We've all been determined to ensure that it gives flexibility, particularly in terms of the timetable of implementation; and we've been committed to containing the costs that may be incurred.... Let the shameful wall of exclusion finally come tumbling down.<ref>[http://www.eeoc.gov/ada/bushspeech.html The U.S. Equal Employment Opportunity Commission]</ref>}}
   
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On the debate of what it means to be disabled, American poet Joan Aleshire stated in the book ''Voices From the Edge'': {{quote|If the definition of disability is the inability to do the common daily tasks of life—getting out of bed, washing, dressing, eating, going to the bathroom—and working at one’s age level in school, I’ve never really been disabled.<ref>{{Cite book|last= |first=
==References==
 
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|coauthors= |editor= O'Brien, Ruth |others= |title= Voices from the Edge: Narratives about the Americans with Disabilities Act |origdate= |origyear= |origmonth= |url= http://books.google.com/?id=bPwrzd6nthUC&pg=PA8&dq=voices+from+the+Edge |accessdate= 2009-05-01 |edition= |series= |date= |year= 2004 | month= |publisher= Oxford University Press US |location= |isbn= 978-0-19-515687-4 |oclc= |id= | pages= |chapter= |chapterurl= |quote= }}</ref>}}
*Acemoglu, Daron & Angrist, Joshua D. (2001). Consequences of Employment Protection? The Case of the Americans with Disabilities Act. Journal of Political Economy, volume 109 (2001), pages 915–957.
 
*Bush, George H. W., ''Remarks of President George Bush at the Signing of the Americans with Disabilities Act''. Available on-line at http://www.eeoc.gov/ada/bushspeech.html.
 
*DeLeire, Thomas. (Autumn, 2000). The Wage and Employment Effects of the Americans with Disabilities Act. Journal of Human Resources, Vol. 35, No. 4, pp. 693-715
 
*Hamilton Krieger, Linda, ed., ''Backlash Against the ADA: Reinterpreting Disability Rights'' Ann Arbor: University of Michigan Press, 2003.
 
*Johnson, Mary. (2000). ''Make Them Go Away: Clint Eastwood, Christopher Reeve & The Case Against Disability Rights.'' Louisville, KY: The Advocado Press.
 
*Schall, Carol M. (Jun 1998). The Americans with Disabilities Act--Are We Keeping Our Promise? An Analysis of the Effect of the ADA on the Employment of Persons with Disabilities. Journal of Vocational Rehabilitation, v10 n3 p191-203.
 
*Schwochau, Susan & Blanck, Peter David. The Economics of the Americans with Disabilities Act, Part III: Does the ADA Disable the Disabled? BERKELEY JOURNAL OF EMPLOYMENT & LABOR LAW [Vol. 21:271]
 
*Switzer, Jacqueline Vaughn. ''Disabled Rights: American Disability Policy and the Fight for Equality''. Washington, DC: Georgetown University Press, 2003.
 
   
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About the importance of making employment opportunities inclusive, Shirley Davis, director of global diversity and inclusion at the [[Society for Human Resource Management]], said:{{quote|People with disabilities represent a critical talent pool that is underserved and underutilized.<ref>
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([http://www.shrm.org/hrdisciplines/Diversity/Articles/Pages/ManagerswithDisabilities.aspx Targeted Development for Managers with Disabilities]</ref>}}
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==Criticism==
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===Employment===
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The ADA has been a frequent target of criticism. For example, a common claim is that individuals who are diagnosed with one of the so-called "lesser disabilities" are being "accommodated" when they should not be.{{Citation needed|date=May 2008}} As one [[law review]] article pointed out, the perception that the ADA primarily helps [[freeloader]]s was harshly satirized by ''[[The Onion]]'' in 1998 in the form of an article about the "Americans With No Abilities Act."<ref>Gina M. Cook, "Article: When The Duty To Provide A Reasonable Accommodation Seems Unreasonable: Accommodating And Managing Employees With Episodic Impairments Or Impairments In Remission Under The ADA Amendments Act Of 2008," 32 N.C. Cent. L. Rev. 1 (2009).</ref> The fictional Act would have provided "benefits and protection for more than 135 million talentless Americans."<ref>Scott Dikkers and Robert Siegel, ''The Onion's Finest News Reporting, Vol. 1'' (New York: Three Rivers Press, 2000), 155.</ref><ref>Anonymous, [http://www.theonion.com/articles/congress-passes-americans-with-no-abilities-act,541/ "Congress Passes Americans With No Abilities Act,"] ''[[The Onion]]'', June 24, 1998.</ref>
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On the other hand, court decisions have made necessary "an individualized assessment to prove that an impairment is protected under the ADA. Therefore, the plaintiff must offer evidence that the extent of the limitation caused by the impairment is substantial in terms of his or her own experience;" a medical diagnosis or physician's declaration of disability is no longer enough.<ref>{{Cite journal| last = Vierling | first = Lewis E. | year = 2004 | month = January | title = Proving disability remains difficult | journal = The Case Manager | volume = 15 | issue = 1 | pages = 25–29 | publisher = | doi = 10.1016/j.casemgr.2003.10.013| id = | url = http://www.thecsmgr.com/article/PIIS1061925903003096/fulltext | accessdate = 2009-02-21 | quote = | pmid = 14961012 }}</ref>
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Even those who support the intent of the law worry that it might have [[unintended consequence]]s. Among other arguments, supporters hypothesize that the Act creates additional legal risks for employers who then quietly avoid hiring people with disabilities to avoid this risk. And such researchers<ref>(e.g., DeLeire, 2000; Acemoglu & Angrist, 2001)</ref> claim to have documented a sharp drop in employment among individuals with a disability after passage of the Act.<ref>(see Schwochau & Blanck for counter arguments)</ref> Others believe that the law has been ineffectual.<ref>(see Schall, 1998)</ref>
  +
  +
==="Professional plaintiffs"===
  +
The ADA allows private plaintiffs to receive only [[injunctive relief]] (a court order requiring the public accommodation to remedy violations of the accessibility regulations) and attorneys' fees, and does not provide monetary rewards to private plaintiffs who sue non-compliant businesses. Unless a state law, such as the California [[Unruh Civil Rights Act]],<ref name="time ada">{{Cite news|url=http://www.time.com/time/nation/article/0,8599,1866666,00.html|title=Lawsuits by the Disabled: Abuse of the System?|author=Stateman, Alison|accessdate=2008-12-29|publisher=TIME | date=December 29, 2008| archiveurl= http://web.archive.org/web/20081230050557/http://www.time.com/time/nation/article/0,8599,1866666,00.html| archivedate= 30 December 2008 <!--DASHBot-->| deadurl= no}}</ref> provides for monetary damages to private plaintiffs, persons with disabilities do not obtain direct financial benefits from suing businesses that violate the ADA.
  +
  +
Thus, "professional plaintiffs" are typically found in states that have enacted state laws that allow private individuals to win monetary awards from non-compliant businesses.<ref name="time ada"/> At least one of these plaintiffs in California has been barred by courts from filing lawsuits unless he receives prior court permission.<ref name="time ada"/> The attorneys' fees provision of Title III does provide incentive for lawyers to specialize and engage in serial ADA litigation, but a disabled plaintiff does not obtain financial reward from attorneys' fees unless they act as their own attorney, or as mentioned above, a disabled plaintiff resides in a state which provides for minimum compensation and court fees in lawsuits. Moreover, there may be a benefit to these "private attorneys general" who identify and compel the correction of illegal conditions: they may increase the number of public accommodations accessible to persons with disabilities. “Civil rights law depends heavily on private enforcement. Moreover, the inclusion of penalties and damages is the driving force that facilitates voluntary compliance with the ADA.”<ref>Parr v. L & L Drive-Inn Restaurant (D. Hawaii 2000) 96&nbsp;F.Supp.2d 1065, 1082, citing and quoting, Committee Print, Vol. II, 101st Cong., 2d Sess., at 1481-82 (1990); {{UnitedStatesCode|42|12101}}(b)(2); S.Rep. No. 101-116, at 15 (1989).</ref> Courts have noted: “As a result, most ADA suits are brought by a small number of private plaintiffs who view themselves as champions of the disabled. For the ADA to yield its promise of equal access for the disabled, it may indeed be necessary and desirable for committed individuals to bring serial litigation advancing the time when public accommodations will be compliant with the ADA.”<ref>Molski v. Evergreen Dynasty Corp., (9th Cir. 2007) 500&nbsp;F.3d 1047, 1062; D'Lil v. Best Western Encina Lodge & Suites (9th Cir. 2008) 538&nbsp;F.3d 1031, 1040.</ref>
  +
  +
==ADA case law==
  +
There have been some notable cases regarding the ADA. For example, two major hotel room marketers (Expedia.com and Hotels.com) with their business presence on the Internet were sued because its customers with disabilities could not reserve hotel rooms through their websites without substantial extra efforts that persons without disabilities were not required to perform.<ref>[http://www.dralegal.org/cases/private_business/Smith_v_Hotels_com.php Smith v. Hotels.com] at Disability Rights Advocates</ref> These represent a major potential expansion of the ADA in that this, and other similar suits (known as "bricks vs. clicks"), seeks to expand the ADA's authority to [[cyberspace]], where entities may not have actual physical facilities that are required to comply.
  +
  +
''[[National Federation of the Blind v. Target Corporation]]''
  +
  +
This is a case where a major retailer, [[Target Corp.]], was sued because their web designers failed to design its website to enable persons with low or no vision to use it.<ref>
  +
[http://www.dralegal.org/cases/private_business/nfb_v_target.php National Federation for the Blind v. Target] at Disability Rights Advocates</ref>
  +
  +
''[[Board of Trustees of the University of Alabama v. Garrett]]''
  +
  +
Board of Trustees of the University of Alabama v. Garrett, 531 U.S. 356 (2001), was a [[Supreme Court of the United States|United States Supreme Court]] case about [[United States Congress|Congress's]] [[congressional power of enforcement|enforcement powers]] under the [[Fourteenth Amendment to the United States Constitution|Fourteenth Amendment]] to the [[United States Constitution|Constitution]]. It decided that Title I of the [[Americans with Disabilities Act]] was unconstitutional insofar as it allowed states to be sued by private citizens for [[money damages]].
  +
  +
''Barden v. The City of Sacramento''
  +
  +
Another example, filed in March 1999, claimed that the City of Sacramento failed to comply with the ADA when, while making public street improvements, it did not bring its sidewalks into compliance with the ADA. Certain issues were resolved in Federal Court. One issue, whether sidewalks were covered by the ADA, was appealed to the [[9th Circuit Court of Appeals]] which ruled that sidewalks were a "program" under ADA and must be made accessible to persons with disabilities. The ruling was later appealed to the U.S. Supreme Court which refused to hear the case, letting stand the ruling of the 9th Circuit Court.<ref>[http://www.dralegal.org/cases/public_entities/barden_v_sacramento.php Barden v. Sacramento] from Disability Rights Advocates</ref>
  +
  +
''[[Spector v. Norwegian Cruise Line Ltd.]]''
  +
  +
This was a case that was decided by the [[United States Supreme Court]] in 2005. The defendant argued that as a vessel flying the flag of a foreign nation was exempt from the requirements of the ADA. This argument was accepted by a federal court in Florida and, subsequently, the Fifth Circuit Court of Appeals. However, the U.S. Supreme Court reversed the ruling of the lower courts on the basis that Norwegian Cruise Lines was a business headquartered in the United States whose clients were predominantly Americans and, more importantly, operated out of port facilities throughout the United States.
  +
  +
''[[Olmstead, Commissioner, Georgia Department of Human Resources, et al. v. L. C., by zimring, guardian ad litem and next friend, et al.]]'' (not to be confused with ''[[Olmstead v. United States]]'', 277 U.S. 438 (1928), a case regarding wiretapping)
  +
  +
This was a case before the [[United States Supreme Court]] in 1999. The two plaintiffs L.C. and E.W. were institutionalized in Georgia for diagnosed mental retardation and schizophrenia. Clinical assessments by the state determined that the plaintiffs could be appropriately treated in a community setting rather than the state institution. The plaintiffs sued the state of Georgia and the institution for being inappropriately treated and housed in the institutional setting rather than being treated in one of the state's community based treatment facilities.
  +
  +
The Supreme Court decided under Title II of the ADA that mental illness is a form of disability and therefore covered under the ADA, and that unjustified institutional isolation of a person with a disability is a form of discrimination because it "perpetuates unwarranted assumptions that persons so isolated are incapable or unworthy of participating in community life." The court added that "confinement in an institution severely diminishes the everyday life activities of individuals, including family relations, social contacts, work options, economic independence, educational advancement, and cultural enrichment."
  +
  +
Therefore, under Title II no person with a disability can be unjustly excluded from participation in or be denied the benefits of services, programs or activities of any public entity.<ref>[http://supct.law.cornell.edu/supct/html/98-536.ZS.html OLMSTEAD V. L. C.] from [[Cornell University Law School]] - Syllabus for the Supreme Court Decision in 1999</ref>
  +
  +
''Michigan Paralyzed Veterans of America v. The University of Michigan''
  +
  +
This was a case filed before The United States District Court for the Eastern District of Michigan Southern Division on behalf of the Michigan [[Paralyzed Veterans of America]] against University of Michigan – Michigan Stadium claiming that [[Michigan Stadium]] violated the [[Americans with Disabilities Act]] in its $226-million renovation by failing to add enough seats for disabled fans or accommodate the needs for disabled restrooms, concessions and parking. Additionally, the distribution of the accessible seating was at issue, with nearly all the seats being provided in the end-zone areas. The U.S. Department of Justice assisted in the suit filed by attorney Richard Bernstein of [[The Law Offices of Sam Bernstein]] in Farmington Hills, Michigan, which was settled in March 2008.<ref>Erb, Robin. “U-M fans rave about new seats for disabled.” Detroit Free Press. 9 September 2008.</ref> The settlement required the stadium to add 329 wheelchair seats throughout the stadium by 2010, and an additional 135 accessible seats in clubhouses to go along with the existing 88 wheelchair seats. This case was significant because it set a precedent for the uniform distribution of accessible seating and gave the DOJ the opportunity to clarify previously unclear rules.<ref name=wolffe>Wolffe, Jerry. “New wheelchair seats will be full at U-M’s Big House.” The Oakland Press. 14 September 2008.</ref> The agreement now is a blueprint for all stadiums and other public facilities regarding accessibility.<ref name=autogenerated1>Wolffe, Jerry. “New wheelchair seats will be full at U-M’s Big House.” The Oakland Press. 14 September 2008. /</ref>
  +
  +
''Paralyzed Veterans of America (or “PVA”) v. Ellerbe Becket Architects and Engineers''
  +
  +
One of the first major ADA lawsuits, Paralyzed Veterans of America (or “PVA”) v. Ellerbe Becket Architects and Engineers, Inc., was focused on the wheelchair accessibility of a stadium project that was still in the design Phase, [[MCI Center]] in Washington, D.C. Previous to this case, which was filed only five years after the ADA was passed, the DOJ was unable or unwilling to provide clarification on the distribution requirements for accessible wheelchair locations in large assembly spaces. While Section 4.33.3 of ADAAG makes reference to lines of sight, no specific reference is made to seeing over standing patrons. The MCI Center, designed by Ellerbe Becket Architects & Engineers, was designed with too few wheelchair and companion seats, and the ones that were included did not provide sight lines that would enable the wheelchair user to view the playing area while the spectators in front of them were standing. This case and another related case established precedent on seat distribution and sight lines issues for ADA enforcement that continues to present day.
  +
  +
''[[Toyota Motor Manufacturing, Kentucky, Inc. v. Williams]]''
  +
  +
Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, [[Case citation|534 U.S. 184]] (2002) was a case in which the Supreme Court interpreted the meaning of the phrase "substantially impairs" as used in the Americans with Disabilities Act. It reversed the decision by the Sixth Court of Appeals to grant a partial [[summary judgment]] in favor of the respondent, Ella Williams that qualified her inability to perform manual job-related tasks as a disability. The Court held that the "major life activity" definition in evaluating the performance of manual tasks focuses the inquiry on whether Williams was unable to perform a range of tasks central to most people in carrying out the activities of daily living. The issue is not whether Williams was unable to perform her specific job tasks. Therefore, the determination of whether an impairment rises to the level of a disability is not limited to activities in the workplace solely, but rather to manual tasks in life in general. When the Supreme Court applied this standard, it found that the Court of Appeals had incorrectly determined the presence of a disability because it relied solely on her inability to perform specific manual work tasks which was insufficient in proving the presence of a disability. The Court of Appeals should have taken into account the evidence presented that Williams retained the ability to do personal tasks and household chores, such activities being the nature of tasks most people do in their daily lives, and placed too much emphasis on her job disability. Since the evidence showed that Williams was performing normal daily tasks, it ruled that the Court of Appeals erred when it found Williams to be disabled.<ref name="cornell">{{cite web
  +
|url=http://www.law.cornell.edu/supct/html/00-1089.ZO.html
  +
|title=Toyota Motor Mfg., Ky., Inc. v. Williams
  +
|publisher=www.law.cornell.edu
  +
|accessdate=2009-10-07| archiveurl= http://web.archive.org/web/20091012010504/http://www.law.cornell.edu/supct/html/00-1089.ZO.html| archivedate= 12 October 2009 <!--DASHBot-->| deadurl= no}}</ref><ref name="workerrights">
  +
{{cite book
  +
|url=http://books.google.com/?id=GGRFPMUFUSkC&pg=PA70&lpg=PA70&dq=TOYOTA+of+KY+v+Ella+WILLIAMS#v=onepage&q=&f=false
  +
|title=Workers' Rights
  +
|publisher=books.google.com
  +
|accessdate=2009-10-07
  +
|last=Worth
  +
|first=Richard
  +
|isbn=978-0-7614-2574-8
  +
|date=2007-11-15
  +
}}
  +
</ref>
  +
This ruling is now, however, no longer good law—it was invalidated by the ADAAA. In fact, Congress explicitly cited Toyota v. Williams in the text of the ADAAA itself as one of its driving influences for passing the ADAAA.
  +
  +
''[[Access Now v. Southwest Airlines]]''
  +
  +
Access Now v. Southwest Airlines was a case where the [[United States district court|District Court]] decided that the website of [[Southwest Airlines]] was not in violation of the Americans with Disability Act because the ADA is concerned with things with a physical existence and thus cannot be applied to cyberspace. Judge [[Patricia A. Seitz]] found that the "virtual ticket counter" of the website was a virtual construct and hence not a "public place of accommodation." As such, "To expand the ADA to cover 'virtual' spaces would be to create new rights without well-defined standards."<ref name="CLR">{{cite web | title = Order Granting Defendant's Motion to Dismiss | work = Tech Law Journal | url = http://www.techlawjournal.com/courts2002/accessnow_southwest/20021018.asp | accessdate = 25 May 2010 }}</ref>
  +
  +
''[[Ouellette v. Viacom International Inc.]]''
  +
  +
Ouellette v. Viacom International Inc. followed in Access Now's footsteps by holding that a mere online presence does not subject a website to the ADA guidelines. Thus Myspace and YouTube were not liable for a dyslexic man's inability to navigate the site regardless of how impressive the "online theater" is.
  +
  +
==Resources==
  +
* Acemoglu, Daron & Angrist, Joshua D. (2001). Consequences of Employment Protection? The Case of the Americans with Disabilities Act. Journal of Political Economy, volume 109 (2001), pages 915–957.
  +
* Bush, George H. W., ''Remarks of President George Bush at the Signing of the Americans with Disabilities Act''. Available on-line at [http://www.eeoc.gov/ada/bushspeech.html Equal Employment Opportunity Commission].
  +
* DeLeire, Thomas. (Autumn, 2000). The Wage and Employment Effects of the Americans with Disabilities Act. Journal of Human Resources, Vol. 35, No. 4, pp.&nbsp;693–715
  +
* Fielder, J. F. ''Mental Disabilities and the Americans with Disabilities Act.'' Westport, CT: Quorum Books, 2004.
  +
* Hamilton Krieger, Linda, ed., ''Backlash Against the ADA: Reinterpreting Disability Rights'' Ann Arbor: University of Michigan Press, 2003.
  +
* Johnson, Mary. (2000). ''Make Them Go Away: Clint Eastwood, Christopher Reeve & The Case Against Disability Rights.'' Louisville, KY: The Advocado Press.
  +
* Schall, Carol M. (Jun 1998). The Americans with Disabilities Act—Are We Keeping Our Promise? An Analysis of the Effect of the ADA on the Employment of Persons with Disabilities. Journal of Vocational Rehabilitation, v10 n3 p191-203.
  +
* Schwochau, Susan & Blanck, Peter David. The Economics of the Americans with Disabilities Act, Part III: Does the ADA Disable the Disabled? BERKELEY JOURNAL OF EMPLOYMENT & LABOR LAW [Vol. 21:271]
  +
* Switzer, Jacqueline Vaughn. ''Disabled Rights: American Disability Policy and the Fight for Equality''. Washington, DC: Georgetown University Press, 2003...
  +
* Weber, Mark C. ''Disability Harassment''. New York, NY: NYU Press, 2007.
  +
* O’Brien, Ruth, ed. Voices from the Edge: Narratives about the Americans with Disabilities Act. New York: Oxford, 2004. ISBN 0-19-516870-7 {{Please check ISBN|reason=Check digit (7) does not correspond to calculated figure.}}
  +
* Pletcher,David and Ashlee Russeau-Pletcher HISTORY OF THE CIVIL RIGHTS MOVEMENT FOR. THE PHYSICALLY DISABLED http://aabss.org/Perspectives2008/AABSS2008Article5DisabilityHistory.pdf
   
 
==See also==
 
==See also==
*[[Accessibility]]
+
* [[Accessibility]]
  +
* [[Reasonable accommodation]]
*[[Disability rights movement]]
 
  +
* [[Developmental disability]]
*[[List of disability rights activists]] &mdash; includes a list of people who helped pass the ADA
 
  +
* [[American Disability rights movement]]
*[[List of anti-discrimination acts]]
 
  +
* [[Casey Martin]]
  +
* [[Job Accommodation Network]] — provides information about rights and responsibilities under the ADA and related legislation.
  +
* [[List of disability rights activists]] — includes a list of people who helped pass the ADA
  +
* [[Convention on the Rights of Persons with Disabilities]]
  +
* [[List of anti-discrimination acts]]
 
** [[Disability discrimination act]]
 
** [[Disability discrimination act]]
  +
** [[Civil Rights Act of 1964#Title VII|Title VII of the Civil Rights Act of 1964]]
  +
* [[ADA Compliance Kit]]
  +
* [[Individual rights advocate]]
   
  +
==References==
===Related categories===
 
  +
{{Reflist|2}}
*[[:Category:Disability legislation]]
 
*[[:Category:Rights of the disabled]]
 
 
===ADA constitutionality-related cases===
 
For cases determining the constitutionality of some of the ADA's provisions, see:
 
*''[[Tennessee v. Lane]]''
 
*''[[Board of Trustees of the University of Alabama v. Garrett]]''
 
   
 
==External links==
 
==External links==
  +
{{Spoken Wikipedia|Wikipedia - ADA 1990.ogg|2009-04-09|18.3 mega}}
* [http://www.usdoj.gov/crt/ada/pubs/ada.txt Text of the Act]
 
  +
* [http://www.hud.gov/offices/fheo/online-complaint.cfm File a housing discrimination complaint]
* [http://www.mises.org/freemarket_detail.asp?control=254&sortorder=articledate Mises.org article:What Is Disabled?]
 
  +
* [http://www.ada.gov/pcatoolkit/toolkitmain.htm Compliance tool kits from the ADA]
* [http://www.thedisabilitylawyer.net/act/americanswithdisabilitiesact.html How ADA applies to Disability Discrimination]
 
  +
* [http://finduslaw.com/americans_with_disabilities_act_of_1990_ada_42_u_s_code_chapter_126 Navigable text of the Americans with Disabilities Act of 1990 - 42 U.S. Code Chapter 126]
* [http://www.disabilitykey.com ADA Resource Center]
 
  +
* [http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp Office of Fair Housing and Equal Opportunity]
  +
* [http://www.ADAPortal.org Searchable collection of over 7,000 Federal ADA documents]
  +
* [http://www.adata.org Federally funded technical assistance network]
 
* [http://www.ericdigests.org/2002-1/ada.html Overview of ADA, IDEA, and Section 504: Update 2001]
 
* [http://www.ericdigests.org/2002-1/ada.html Overview of ADA, IDEA, and Section 504: Update 2001]
 
* [http://www.ericdigests.org/1996-3/ada.htm Overview of ADA, IDEA, and Section 504]
 
* [http://www.ericdigests.org/1996-3/ada.htm Overview of ADA, IDEA, and Section 504]
 
* [http://www.ericdigests.org/2004-1/people.htm Employment of People with Disabilities]
 
* [http://www.ericdigests.org/2004-1/people.htm Employment of People with Disabilities]
 
* [http://www.ericdigests.org/2000-3/web.htm Accessible Web Design]
 
* [http://www.ericdigests.org/2000-3/web.htm Accessible Web Design]
  +
* [http://www.adawheelchairramps.com/Modular_Ramps/ADA_Modular_Ramp_Specs.aspx ADA Wheelchair Ramp Guidelines]
 
* [http://www.ericdigests.org/1996-4/testing.htm Testing Students with Disabilities]
 
* [http://www.ericdigests.org/1996-4/testing.htm Testing Students with Disabilities]
*[http://digital.library.unt.edu/govdocs/crs/search.tkl?q=ada&search_crit=title&search=Search&date1=Anytime&date2=Anytime&type=form Congressional Research Service (CRS) Reports regarding the Americans with Disabilities Act]
+
* [http://digital.library.unt.edu/govdocs/crs/search.tkl?q=ada&search_crit=title&search=Search&date1=Anytime&date2=Anytime&type=form Congressional Research Service (CRS) Reports regarding the Americans with Disabilities Act]
  +
* [http://paratransitwatch.blogspot.com/ Paratransit Watch - Accessible Public Transportation News, Issues, and Resources.]
* [http://journals.aol.com/lstengle/GaskinClassMember/[Gaskin Class Member]] A blog written by the mother of a class member in a statewide lawsuit regarding inclusion in education in Pennsylvania.
 
  +
* [http://www.usdoj.gov/crt/ada/adahom1.htm U.S. Department of Justice]. ADA Info
  +
* [http://blr.com/information-ada/ Americans with Disabilities Act Amendment (ADAAA) Information Center]. ADAAA Information for Employers
  +
* [http://www.smarthrmanager.com/human-resources/ada-amendments ADA Amendment Information Resources]
  +
* [http://www.shrm.org/disabilityemployment SHRM's Disability Employment Resource Page]
  +
* [http://lawhighereducation.com/14-americans-with-disabilities-act-ada.html Americans with Disabilities Act (ADA)] - information
   
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{{DEFAULTSORT:Americans With Disabilities Act Of 1990}}
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[[Category:Disability rights]]
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[[Category:United States federal civil rights legislation]]
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[[Category:Disability laws]]
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[[Category:Discrimination law in the United States]]
   
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{{enWP| Americans with Disabilities Act of 1990}}
 
{{enWP| Americans with Disabilities Act of 1990}}

Revision as of 08:33, 14 August 2012

The Americans with Disabilities Act of 1990[1][2] (ADA) is a law that was enacted by the U.S. Congress in 1990. It was signed into law on July 26, 1990, by President George H. W. Bush, and later amended with changes effective January 1, 2009.[3]

The ADA is a wide-ranging civil rights law that prohibits, under certain circumstances, discrimination based on disability. It affords similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964,[4] which made discrimination based on race, religion, sex, national origin, and other characteristics illegal. Disability is defined by the ADA as "a physical or mental impairment that substantially limits a major life activity." The determination of whether any particular condition is considered a disability is made on a case by case basis. Certain specific conditions are excluded as disabilities, such as current substance abuse and visual impairment which is correctable by prescription lenses.

The "original intent" of the law, as co-conceived by Lex Frieden and Mitchell J. Rappaport, was to create civil rights law protections for people with disabilities that would be permanent, would not be able to be reversed or weakened, and would prohibit all discrimination. It was also intended so that Americans with disabilities would be kept in the mainstream in terms of scientific and medical research and developments, especially opening future opportunities in Space exploration to them, as well as public policy changes, healthcare law and policy changes, and civil rights protections and public law changes for Americans with physical, mental and cognitive disabilities. It was intended to be a flexible set of laws that could only be strengthened, not weakened, by future case law.

On September 25, 2008, President George W. Bush signed into law the ADA Amendments Act of 2008 (ADAAA). This was intended to give broader protections for disabled workers and "turn back the clock" on court rulings which Congress deemed too restrictive.[5] The ADAAA includes a list of "major life activities."

Titles of the ADA

Title I - Employment

See 42 U.S.C. § 1211112117

.

File:President George H W Bush Signing of the ADA (Americans with Disabilities Act) Bill 1990.gif

Speech cards used by President George H. W. Bush at the signing ceremony of the Americans with Disabilities Act (ADA) on July 26, 1990.[1]

The ADA states that a covered entity shall not discriminate against a qualified individual with a disability.[6] This applies to job application procedures, hiring, advancement and discharge of employees, workers' compensation, job training, and other terms, conditions, and privileges of employment. Covered entity can refer to an employment agency, labor organization, or joint labor-management committee, and is generally an employer engaged in interstate commerce and having 15 or more workers.[7] Discrimination may include, among other things, limiting or classifying a job applicant or employee in an adverse way, denying employment opportunities to people who truly qualify, or not making reasonable accommodations to the known physical or mental limitations of disabled employees, not advancing employees with disabilities in the business, and/or not providing needed accommodations in training materials or policies, and the provision of qualified readers or interpreters. Employers can use medical entrance examinations for applicants, after making the job offer, only if all applicants (regardless of disability) must take it and it is treated as a confidential medical record. Qualified individuals do not include any employee or applicant who is currently engaging in the illegal use of drugs when that usage is the basis for the employer's actions.[8]

Part of Title I was found unconstitutional by the United States Supreme Court as it pertains to states in the case of Board of Trustees of the University of Alabama v. Garrett as violating the sovereign immunity rights of the several states as specified by the Eleventh Amendment to the United States Constitution. The provision allowing private suits against states for money damages was invalidated.

Title II - Public Entities (and public transportation)

See 42 U.S.C. § 1213112165

.

File:Handicapped Accessible sign.svg

Access sign

Title II prohibits disability discrimination by all public entities at the local (i.e. school district, municipal, city, county) and state level. Public entities must comply with Title II regulations by the U.S. Department of Justice. These regulations cover access to all programs and services offered by the entity. Access includes physical access described in the ADA Standards for Accessible Design and programmatic access that might be obstructed by discriminatory policies or procedures of the entity.

Title II applies to public transportation provided by public entities through regulations by the U.S. Department of Transportation. It includes the National Railroad Passenger Corporation, along with all other commuter authorities. This section requires the provision of paratransit services by public entities that provide fixed route services. Template:Clear left

Title II also applies to all state and local public housing, housing assistance, and housing referrals. The Office of Fair Housing and Equal Opportunity is charged with enforcing this provision.

Title III - Public Accommodations (and Commercial Facilities)

See 42 U.S.C. § 1218112189

.

Under Title III, no individual may be discriminated against on the basis of disability with regards to the full and equal enjoyment of the goods, services, facilities, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation. "Public accommodations" include most places of lodging (such as inns and hotels), recreation, transportation, education, and dining, along with stores, care providers, and places of public displays, among other things.

Under Title III of the ADA, all "new construction" (construction, modification or alterations) after the effective date of the ADA (approximately July 1992) must be fully compliant with the Americans With Disabilities Act Accessibility Guidelines (ADAAG)[1] found in the Code of Federal Regulations at 28 C.F.R., Part 36, Appendix "A."

Title III also has application to existing facilities. One of the definitions of "discrimination" under Title III of the ADA is a "failure to remove" architectural barriers in existing facilities. See Template:UnitedStatesCodeSub. This means that even facilities that have not been modified or altered in any way after the ADA was passed still have obligations. The standard is whether "removing barriers" (typically defined as bringing a condition into compliance with the ADAAG) is "readily achievable," defined as "easily accomplished without much difficulty or expense."

The statutory definition of "readily achievable" calls for a balancing test between the cost of the proposed "fix" and the wherewithal of the business and/or owners of the business. Thus, what might be "readily achievable" for a sophisticated and financially capable corporation might not be readily achievable for a small or local business.

There are exceptions to this title; many private clubs and religious organizations may not be bound by Title III. With regard to historic properties (those properties that are listed or that are eligible for listing in the National Register of Historic Places, or properties designated as historic under State or local law), those facilities must still comply with the provisions of Title III of the ADA to the "maximum extent feasible" but if following the usual standards would "threaten to destroy the historic significance of a feature of the building" then alternative standards may be used. Nonetheless, as Frank Bowe predicted when he testified as the lead witness on Title III in the Senate hearings leading up to enactment[citation needed], the fact that Title III calls for accessibility in, and alterations to, thousands of stores, restaurants, hotels, etc., in thousands of communities across the U.S. means that this Title probably has had more effect on the lives of more Americans with disabilities than any other ADA title.[9]

On September 15, 2010, the Department of Justice issued revised regulations for implementation of Titles II and III, effective March 15, 2011.[10] The rules contain many new requirements for public accommodations, as well as an “element by element safe harbor.”[11] Public Swimming Pool owners and operators must gear up for compliance with the 2010 Standards for Accessible Design with regard to existing swimming pools, wading pools and spas by January 31, 2013.[12] The Department of Justice has published “ADA 2010 Revised Requirements: Accessible Pools - Means of Entry and Exit” which is designed to assist pool owners and operators with understanding the new accessibility requirements, the application of the requirements and the longstanding obligations of pool owners and operators in connection with the new requirements.[13]

Title IV - Telecommunications

Title IV of the ADA amended the landmark Communications Act of 1934 primarily by adding section 47 U.S.C. § 225 . This section requires that all telecommunications companies in the U.S. take steps to ensure functionally equivalent services for consumers with disabilities, notably those who are deaf or hard of hearing and those with speech impairments. When Title IV took effect in the early 1990s, it led to installation of public Teletypewriter (TTY) machines and other TDDs (Telecommunications Device for the Deaf). Title IV also led to creation, in all 50 States and the District of Columbia, of what were then called dual-party relay services and now are known as Telecommunications Relay Services (TRS), such as STS Relay. Today, many TRS-mediated calls are made over the Internet by consumers who use broadband connections. Some are Video Relay Service (VRS) calls, while others are text calls. In either variation, communication assistants translate between the signed/typed words of a consumer and the spoken words of others. In 2006, according to the Federal Communications Commission (FCC), VRS calls averaged two million minutes a month.

Title V - Miscellaneous Provisions

See 42 U.S.C. § 1220112213

.

Title V includes technical provisions. It discusses, for example, the fact that nothing in the ADA amends, overrides or cancels anything in Section 504.[14] Additionally, Title V includes an anti retaliation or coercion provision. The Technical Assistance Manual for the ADA explains it: "III-3.6000 Retaliation or coercion. Individuals who exercise their rights under the ADA, or assist others in exercising their rights, are protected from retaliation. The prohibition against retaliation or coercion applies broadly to any individual or entity that seeks to prevent an individual from exercising his or her rights or to retaliate against him or her for having exercised those rights . . . Any form of retaliation or coercion, including threats, intimidation, or interference, is prohibited if it is intended to interfere.

Major life activities

The ADA defines a covered disability as "a physical or mental impairment that substantially limits a major life activity." The Equal Employment Opportunity Commission (EEOC) was charged with interpreting the 1990 law with regard to discrimination in employment. Its regulations narrowed "substantially limits" to "significantly or severely restricts". [citation needed]

In 2008, effective January 1, 2009, the ADAAA broadened the interpretations and added to the ADA examples of "major life activities" including, but not limited to, "caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working" as well as the operation of several specified "major bodily functions."[5] The Act overturns a 1999 U.S. Supreme Court case which held that an employee was not disabled if the impairment could be corrected by mitigating measures; it specifically provides that such impairment must be determined without considering such ameliorative measures. Another court restriction overturned is the interpretation that an impairment that substantially limits one major life activity must also limit others to be considered a disability.[5]

The ADAAA will undoubtedly lead to broader coverage of impaired employees. The United States House Committee on Education and Labor states that the amendment "makes it absolutely clear that the ADA is intended to provide broad coverage to protect anyone who faces discrimination on the basis of disability".[15] Required doctor visits are not to be held against anyone with a disability.[citation needed]

Opposition to the act

Opposition from religious groups

The debate over the Americans with Disabilities Act led some religious groups to take opposite positions.[16] Some religious groups, such as the Association of Christian Schools International, opposed the ADA in its original form.[17] ACSI opposed the Act primarily because the ADA labeled religious institutions “public accommodations,” and thus would have required churches to make costly structural changes to ensure access for all.[18] The cost argument advanced by ACSI and others prevailed in keeping religious institutions from being labeled as “public accommodations,” and thus churches were permitted to remain inaccessible if they choose.

In addition to opposing the ADA on grounds of cost, church groups like the National Association of Evangelicals testified against the ADA’s Title I (employment) provisions on grounds of religious liberty. The NAE felt that the regulation of the internal employment of churches was "... an improper intrusion [of] the federal government."[16]

Opposition from business interests

Many members of the business community opposed the passage of the Americans with Disabilities Act. Testifying before Congress, Greyhound Bus Lines stated that the Act had the potential to “deprive millions of people of affordable intercity public transportation and thousands of rural communities of their only link to the outside world.” The US Chamber of Commerce argued that the costs of the ADA would be “enormous” and have “a disastrous impact on many small businesses struggling to survive”.[19] The National Federation of Independent Businesses, an organization that lobbies for small businesses, called the ADA “a disaster for small business.”[20] Pro-business conservative commentators joined in opposition, writing that the Americans with Disabilities Act was “an expensive headache to millions” that would not necessarily improve the lives of people with disabilities.[21]

Quotations

File:Bush signs in ADA of 1990.jpg

President Bush signs the Americans with Disabilities Act into law

On signing the measure, George H. W. Bush said:

I know there may have been concerns that the ADA may be too vague or too costly, or may lead endlessly to litigation. But I want to reassure you right now that my administration and the United States Congress have carefully crafted this Act. We've all been determined to ensure that it gives flexibility, particularly in terms of the timetable of implementation; and we've been committed to containing the costs that may be incurred.... Let the shameful wall of exclusion finally come tumbling down.[22]

On the debate of what it means to be disabled, American poet Joan Aleshire stated in the book Voices From the Edge:

If the definition of disability is the inability to do the common daily tasks of life—getting out of bed, washing, dressing, eating, going to the bathroom—and working at one’s age level in school, I’ve never really been disabled.[23]

About the importance of making employment opportunities inclusive, Shirley Davis, director of global diversity and inclusion at the Society for Human Resource Management, said:

People with disabilities represent a critical talent pool that is underserved and underutilized.[24]

Criticism

Employment

The ADA has been a frequent target of criticism. For example, a common claim is that individuals who are diagnosed with one of the so-called "lesser disabilities" are being "accommodated" when they should not be.[citation needed] As one law review article pointed out, the perception that the ADA primarily helps freeloaders was harshly satirized by The Onion in 1998 in the form of an article about the "Americans With No Abilities Act."[25] The fictional Act would have provided "benefits and protection for more than 135 million talentless Americans."[26][27]

On the other hand, court decisions have made necessary "an individualized assessment to prove that an impairment is protected under the ADA. Therefore, the plaintiff must offer evidence that the extent of the limitation caused by the impairment is substantial in terms of his or her own experience;" a medical diagnosis or physician's declaration of disability is no longer enough.[28] Even those who support the intent of the law worry that it might have unintended consequences. Among other arguments, supporters hypothesize that the Act creates additional legal risks for employers who then quietly avoid hiring people with disabilities to avoid this risk. And such researchers[29] claim to have documented a sharp drop in employment among individuals with a disability after passage of the Act.[30] Others believe that the law has been ineffectual.[31]

"Professional plaintiffs"

The ADA allows private plaintiffs to receive only injunctive relief (a court order requiring the public accommodation to remedy violations of the accessibility regulations) and attorneys' fees, and does not provide monetary rewards to private plaintiffs who sue non-compliant businesses. Unless a state law, such as the California Unruh Civil Rights Act,[32] provides for monetary damages to private plaintiffs, persons with disabilities do not obtain direct financial benefits from suing businesses that violate the ADA.

Thus, "professional plaintiffs" are typically found in states that have enacted state laws that allow private individuals to win monetary awards from non-compliant businesses.[32] At least one of these plaintiffs in California has been barred by courts from filing lawsuits unless he receives prior court permission.[32] The attorneys' fees provision of Title III does provide incentive for lawyers to specialize and engage in serial ADA litigation, but a disabled plaintiff does not obtain financial reward from attorneys' fees unless they act as their own attorney, or as mentioned above, a disabled plaintiff resides in a state which provides for minimum compensation and court fees in lawsuits. Moreover, there may be a benefit to these "private attorneys general" who identify and compel the correction of illegal conditions: they may increase the number of public accommodations accessible to persons with disabilities. “Civil rights law depends heavily on private enforcement. Moreover, the inclusion of penalties and damages is the driving force that facilitates voluntary compliance with the ADA.”[33] Courts have noted: “As a result, most ADA suits are brought by a small number of private plaintiffs who view themselves as champions of the disabled. For the ADA to yield its promise of equal access for the disabled, it may indeed be necessary and desirable for committed individuals to bring serial litigation advancing the time when public accommodations will be compliant with the ADA.”[34]

ADA case law

There have been some notable cases regarding the ADA. For example, two major hotel room marketers (Expedia.com and Hotels.com) with their business presence on the Internet were sued because its customers with disabilities could not reserve hotel rooms through their websites without substantial extra efforts that persons without disabilities were not required to perform.[35] These represent a major potential expansion of the ADA in that this, and other similar suits (known as "bricks vs. clicks"), seeks to expand the ADA's authority to cyberspace, where entities may not have actual physical facilities that are required to comply.

National Federation of the Blind v. Target Corporation

This is a case where a major retailer, Target Corp., was sued because their web designers failed to design its website to enable persons with low or no vision to use it.[36]

Board of Trustees of the University of Alabama v. Garrett

Board of Trustees of the University of Alabama v. Garrett, 531 U.S. 356 (2001), was a United States Supreme Court case about Congress's enforcement powers under the Fourteenth Amendment to the Constitution. It decided that Title I of the Americans with Disabilities Act was unconstitutional insofar as it allowed states to be sued by private citizens for money damages.

Barden v. The City of Sacramento

Another example, filed in March 1999, claimed that the City of Sacramento failed to comply with the ADA when, while making public street improvements, it did not bring its sidewalks into compliance with the ADA. Certain issues were resolved in Federal Court. One issue, whether sidewalks were covered by the ADA, was appealed to the 9th Circuit Court of Appeals which ruled that sidewalks were a "program" under ADA and must be made accessible to persons with disabilities. The ruling was later appealed to the U.S. Supreme Court which refused to hear the case, letting stand the ruling of the 9th Circuit Court.[37]

Spector v. Norwegian Cruise Line Ltd.

This was a case that was decided by the United States Supreme Court in 2005. The defendant argued that as a vessel flying the flag of a foreign nation was exempt from the requirements of the ADA. This argument was accepted by a federal court in Florida and, subsequently, the Fifth Circuit Court of Appeals. However, the U.S. Supreme Court reversed the ruling of the lower courts on the basis that Norwegian Cruise Lines was a business headquartered in the United States whose clients were predominantly Americans and, more importantly, operated out of port facilities throughout the United States.

Olmstead, Commissioner, Georgia Department of Human Resources, et al. v. L. C., by zimring, guardian ad litem and next friend, et al. (not to be confused with Olmstead v. United States, 277 U.S. 438 (1928), a case regarding wiretapping)

This was a case before the United States Supreme Court in 1999. The two plaintiffs L.C. and E.W. were institutionalized in Georgia for diagnosed mental retardation and schizophrenia. Clinical assessments by the state determined that the plaintiffs could be appropriately treated in a community setting rather than the state institution. The plaintiffs sued the state of Georgia and the institution for being inappropriately treated and housed in the institutional setting rather than being treated in one of the state's community based treatment facilities.

The Supreme Court decided under Title II of the ADA that mental illness is a form of disability and therefore covered under the ADA, and that unjustified institutional isolation of a person with a disability is a form of discrimination because it "perpetuates unwarranted assumptions that persons so isolated are incapable or unworthy of participating in community life." The court added that "confinement in an institution severely diminishes the everyday life activities of individuals, including family relations, social contacts, work options, economic independence, educational advancement, and cultural enrichment."

Therefore, under Title II no person with a disability can be unjustly excluded from participation in or be denied the benefits of services, programs or activities of any public entity.[38]

Michigan Paralyzed Veterans of America v. The University of Michigan

This was a case filed before The United States District Court for the Eastern District of Michigan Southern Division on behalf of the Michigan Paralyzed Veterans of America against University of Michigan – Michigan Stadium claiming that Michigan Stadium violated the Americans with Disabilities Act in its $226-million renovation by failing to add enough seats for disabled fans or accommodate the needs for disabled restrooms, concessions and parking. Additionally, the distribution of the accessible seating was at issue, with nearly all the seats being provided in the end-zone areas. The U.S. Department of Justice assisted in the suit filed by attorney Richard Bernstein of The Law Offices of Sam Bernstein in Farmington Hills, Michigan, which was settled in March 2008.[39] The settlement required the stadium to add 329 wheelchair seats throughout the stadium by 2010, and an additional 135 accessible seats in clubhouses to go along with the existing 88 wheelchair seats. This case was significant because it set a precedent for the uniform distribution of accessible seating and gave the DOJ the opportunity to clarify previously unclear rules.[40] The agreement now is a blueprint for all stadiums and other public facilities regarding accessibility.[41]

Paralyzed Veterans of America (or “PVA”) v. Ellerbe Becket Architects and Engineers

One of the first major ADA lawsuits, Paralyzed Veterans of America (or “PVA”) v. Ellerbe Becket Architects and Engineers, Inc., was focused on the wheelchair accessibility of a stadium project that was still in the design Phase, MCI Center in Washington, D.C. Previous to this case, which was filed only five years after the ADA was passed, the DOJ was unable or unwilling to provide clarification on the distribution requirements for accessible wheelchair locations in large assembly spaces. While Section 4.33.3 of ADAAG makes reference to lines of sight, no specific reference is made to seeing over standing patrons. The MCI Center, designed by Ellerbe Becket Architects & Engineers, was designed with too few wheelchair and companion seats, and the ones that were included did not provide sight lines that would enable the wheelchair user to view the playing area while the spectators in front of them were standing. This case and another related case established precedent on seat distribution and sight lines issues for ADA enforcement that continues to present day.

Toyota Motor Manufacturing, Kentucky, Inc. v. Williams

Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, 534 U.S. 184 (2002) was a case in which the Supreme Court interpreted the meaning of the phrase "substantially impairs" as used in the Americans with Disabilities Act. It reversed the decision by the Sixth Court of Appeals to grant a partial summary judgment in favor of the respondent, Ella Williams that qualified her inability to perform manual job-related tasks as a disability. The Court held that the "major life activity" definition in evaluating the performance of manual tasks focuses the inquiry on whether Williams was unable to perform a range of tasks central to most people in carrying out the activities of daily living. The issue is not whether Williams was unable to perform her specific job tasks. Therefore, the determination of whether an impairment rises to the level of a disability is not limited to activities in the workplace solely, but rather to manual tasks in life in general. When the Supreme Court applied this standard, it found that the Court of Appeals had incorrectly determined the presence of a disability because it relied solely on her inability to perform specific manual work tasks which was insufficient in proving the presence of a disability. The Court of Appeals should have taken into account the evidence presented that Williams retained the ability to do personal tasks and household chores, such activities being the nature of tasks most people do in their daily lives, and placed too much emphasis on her job disability. Since the evidence showed that Williams was performing normal daily tasks, it ruled that the Court of Appeals erred when it found Williams to be disabled.[42][43] This ruling is now, however, no longer good law—it was invalidated by the ADAAA. In fact, Congress explicitly cited Toyota v. Williams in the text of the ADAAA itself as one of its driving influences for passing the ADAAA.

Access Now v. Southwest Airlines

Access Now v. Southwest Airlines was a case where the District Court decided that the website of Southwest Airlines was not in violation of the Americans with Disability Act because the ADA is concerned with things with a physical existence and thus cannot be applied to cyberspace. Judge Patricia A. Seitz found that the "virtual ticket counter" of the website was a virtual construct and hence not a "public place of accommodation." As such, "To expand the ADA to cover 'virtual' spaces would be to create new rights without well-defined standards."[44]

Ouellette v. Viacom International Inc.

Ouellette v. Viacom International Inc. followed in Access Now's footsteps by holding that a mere online presence does not subject a website to the ADA guidelines. Thus Myspace and YouTube were not liable for a dyslexic man's inability to navigate the site regardless of how impressive the "online theater" is.

Resources

  • Acemoglu, Daron & Angrist, Joshua D. (2001). Consequences of Employment Protection? The Case of the Americans with Disabilities Act. Journal of Political Economy, volume 109 (2001), pages 915–957.
  • Bush, George H. W., Remarks of President George Bush at the Signing of the Americans with Disabilities Act. Available on-line at Equal Employment Opportunity Commission.
  • DeLeire, Thomas. (Autumn, 2000). The Wage and Employment Effects of the Americans with Disabilities Act. Journal of Human Resources, Vol. 35, No. 4, pp. 693–715
  • Fielder, J. F. Mental Disabilities and the Americans with Disabilities Act. Westport, CT: Quorum Books, 2004.
  • Hamilton Krieger, Linda, ed., Backlash Against the ADA: Reinterpreting Disability Rights Ann Arbor: University of Michigan Press, 2003.
  • Johnson, Mary. (2000). Make Them Go Away: Clint Eastwood, Christopher Reeve & The Case Against Disability Rights. Louisville, KY: The Advocado Press.
  • Schall, Carol M. (Jun 1998). The Americans with Disabilities Act—Are We Keeping Our Promise? An Analysis of the Effect of the ADA on the Employment of Persons with Disabilities. Journal of Vocational Rehabilitation, v10 n3 p191-203.
  • Schwochau, Susan & Blanck, Peter David. The Economics of the Americans with Disabilities Act, Part III: Does the ADA Disable the Disabled? BERKELEY JOURNAL OF EMPLOYMENT & LABOR LAW [Vol. 21:271]
  • Switzer, Jacqueline Vaughn. Disabled Rights: American Disability Policy and the Fight for Equality. Washington, DC: Georgetown University Press, 2003...
  • Weber, Mark C. Disability Harassment. New York, NY: NYU Press, 2007.
  • O’Brien, Ruth, ed. Voices from the Edge: Narratives about the Americans with Disabilities Act. New York: Oxford, 2004. ISBN 0-19-516870-7

See also

References

  1. 1.0 1.1 1.2 Americans with Disabilities Act of 1990
  2. Template:USStatute, codified at 42 U.S.C. § 12101
  3. President Bush Signs ADA Changes into Law. HR.BLR.com.
  4. Civil Rights Act of 1964 Archived Template:Date at WebCite
  5. 5.0 5.1 5.2 (2008). ADA Amendments Act (ADAAA)—What Employers Need to Know. HR.BLR.com.
  6. 42 U.S.C. § 12112(a)
  7. 42 U.S.C. § 12111(2)
  8. 42 U.S.C. § 12111
  9. 42 U.S.C. § 12162
  10. U.S. Department of Justice (February 16, 2011), 2010 Revised ADA Requirements: Effective Date and Compliance Date
  11. Kim R. Blackseth (July 20, 2011, UrbDeZine), How The New ADA Effects All of Us
  12. ADA Pool Lift Deadline Extended Until January 31, 2013. The National Law Review. Greenberg Traurig, LLP. URL accessed on 2012-06-20.
  13. ADA 2010 Revised Requirements: Accessible Pools - Means of Entry and Exit. U.S. Department of Justice Civil Rights Division. URL accessed on 2012-06-20.
  14. 42 U.S.C. § 12187
  15. House of Representatives Committee on Education and Labor. The ADA Amendments Act of 2008. [dead link]
  16. 16.0 16.1 Lawton, K.A. Christianity Today, 10/8/90, Vol. 34 Issue 14, p71
  17. "Should the Senate Approve the Americans with Disabilities Act of 1989?" Congressional Digest December (1989): 297
  18. "Should the Senate Approve the Americans with Disabilities Act of 1989?" Congressional Digest December (1989): 297.
  19. "Should the Senate Approve the Americans with Disabilities Act of 1989?" Congressional Digest December (1989): 208.
  20. Mandel, Susan. "Disabling the GOP." The National Review 6/11/1990, Vol. 42 Issue 11, p23-24
  21. Doherty, Brian. Reason, Aug/Sep95, Vol. 27 Issue 4, p18
  22. The U.S. Equal Employment Opportunity Commission
  23. (2004) O'Brien, Ruth Voices from the Edge: Narratives about the Americans with Disabilities Act, Oxford University Press US. URL accessed 2009-05-01.
  24. (Targeted Development for Managers with Disabilities
  25. Gina M. Cook, "Article: When The Duty To Provide A Reasonable Accommodation Seems Unreasonable: Accommodating And Managing Employees With Episodic Impairments Or Impairments In Remission Under The ADA Amendments Act Of 2008," 32 N.C. Cent. L. Rev. 1 (2009).
  26. Scott Dikkers and Robert Siegel, The Onion's Finest News Reporting, Vol. 1 (New York: Three Rivers Press, 2000), 155.
  27. Anonymous, "Congress Passes Americans With No Abilities Act," The Onion, June 24, 1998.
  28. Vierling, Lewis E. (January 2004). Proving disability remains difficult. The Case Manager 15 (1): 25–29.
  29. (e.g., DeLeire, 2000; Acemoglu & Angrist, 2001)
  30. (see Schwochau & Blanck for counter arguments)
  31. (see Schall, 1998)
  32. 32.0 32.1 32.2 includeonly>Stateman, Alison. "Lawsuits by the Disabled: Abuse of the System?", TIME, December 29, 2008. Retrieved on 2008-12-29.
  33. Parr v. L & L Drive-Inn Restaurant (D. Hawaii 2000) 96 F.Supp.2d 1065, 1082, citing and quoting, Committee Print, Vol. II, 101st Cong., 2d Sess., at 1481-82 (1990); 42 U.S.C. § 12101 (b)(2); S.Rep. No. 101-116, at 15 (1989).
  34. Molski v. Evergreen Dynasty Corp., (9th Cir. 2007) 500 F.3d 1047, 1062; D'Lil v. Best Western Encina Lodge & Suites (9th Cir. 2008) 538 F.3d 1031, 1040.
  35. Smith v. Hotels.com at Disability Rights Advocates
  36. National Federation for the Blind v. Target at Disability Rights Advocates
  37. Barden v. Sacramento from Disability Rights Advocates
  38. OLMSTEAD V. L. C. from Cornell University Law School - Syllabus for the Supreme Court Decision in 1999
  39. Erb, Robin. “U-M fans rave about new seats for disabled.” Detroit Free Press. 9 September 2008.
  40. Wolffe, Jerry. “New wheelchair seats will be full at U-M’s Big House.” The Oakland Press. 14 September 2008.
  41. Wolffe, Jerry. “New wheelchair seats will be full at U-M’s Big House.” The Oakland Press. 14 September 2008. /
  42. Toyota Motor Mfg., Ky., Inc. v. Williams. www.law.cornell.edu. URL accessed on 2009-10-07.
  43. Worth, Richard (2007-11-15). Workers' Rights, books.google.com. URL accessed 2009-10-07.
  44. Order Granting Defendant's Motion to Dismiss. Tech Law Journal. URL accessed on 25 May 2010.

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