Americans with Disabilities Act

On July 26, 1990 President George Bush (the first one) signed the law that created the Americans with Disabilities Act (ADA). Whenever I rant about someplace being inaccessible people say, "but what about the ADA?" Contrary to what many people believe, the ADA did not require the United States to become more accessible to people with disabilities. With recognition to the excellent website, A Guide to Disability Rights, here is what it does require..

The ADA prohibits discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications. It also applies to the United States Congress.
 
To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a disability. An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment. The ADA does not specifically name all of the impairments that are covered.

Sounds great, huh? However, it is important to know that there is a lot of "wiggle room" in how the law can be enforced.  Here are some of the law's requirements, and where the "wiggle room" shakes:

• Employers with fewer than 15 employees are not required to comply with the ADA so anyone who works for a small business, which defines most businesses in the USA, cannot make a claim based on the ADA.
• State and local governments must provide people with disabilities an equal opportunity to benefit from all their programs, services, and activities, but they are not required to take actions that "would result in undue financial and administrative burdens." They must make reasonable modifications to policies, practices, and procedures in order to avoid discrimination, unless they can demonstrate that these would fundamentally alter the nature of the service, program, or activity provided.

Note the word REASONABLE and the phrase "fundamentally alter the nature of the service..."   These are critical concepts because their meaning is not clear.  So, if a local government says that they cannot make their town offices accessible because it is unreasonably expensive then they may not have to do so. A REASONABLE accommodation might be to provide the needed service to the individual with disabilities in a location that is accessible. So now this individual or group might be able to receive the information or service, but it doesn't go very far in helping people to be included, or to be active participants.

• The transportation provisions of the ADA cover public transportation services, such as city buses and public rail transit (e.g. subways, commuter rails, Amtrak). Public transportation authorities may not discriminate against people with disabilities in the provision of their services.  Public transport authorities must comply with requirements for accessibility in newly purchased vehicles, make good faith efforts to purchase or lease accessible used buses, re-manufacture buses in an accessible manner, and, unless it would result in an undue burden, provide paratransit where they operate fixed-route bus or rail systems.

Note the words UNDUE BURDEN.  These are very important words because it is not at all clear what they mean.   Therefore the definition of an undue burden is really only as good as the legal decision defining it, or the willingness of the business or individual to provide accommodation.

• The Public Accommodations provision of the ADA covers businesses and nonprofit service providers that are open to the public at large, or are privately owned or operated facilities. In other words, just about everyone else including transportation services provided by private businesses. (think the buses to Foxwoods, etc.) All of these must comply with basic nondiscrimination requirements, and they must also comply with architectural and access standards for buildings and communications. Modifications must be reasonable (there's that word again). Additionally, public accommodations must remove barriers in existing buildings where it is easy to do so without much difficulty or expense, given the public accommodation's resources. (also known as not requiring an undue burden)

Simply put it means that so long as the changes are REASONABLE and do not pose an UNDUE BURDEN, then compliance with the ADA must take place. However, if it is determined that the change alters the fundamental nature of the service or activity OR where the business/non-profit/agency states that the changes are too difficult or the expense is too high, then all bets are off and it can take a long time to figure it out.

In Part 2 of this Intro to the ADA I will highlight some of the cases that have gone a long way towards expanding the people who can depend on the ADA to protect their rights, and some cases that have been less beneficial.