A Basic Guide to the Disability Act

The Disability Act or Americans with Disabilities Act, which it is technically called prohibits discrimination against those with disabilities in employment, by government entities, in public accommodations, transportation and telecommunications. Below is a basic guide to the Disability Act in each area.

Disability

The Disability Act defines a disability 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. It does not specifically name all of the impairments that are covered.

Employment 

The Disability Act prohibits discrimination against those with disabilities in employment for employers with fifteen (15) employees or more. It requires employers to make reasonable accommodations for those with known disabilities unless it will result in any undue hardship. It requires that the disabled person has equal opportunity in all aspects of the job. The Disability Act also governs the questions which can be asked in an interview regarding disabilities. Religious employers are included under The Disability Act. 

Government Entities 

State and local governments are required to give equal opportunity in aspects of daily living to those with disabilities. Aspects of daily living include transportation, public access, social services, voting facilities, education, health care, recreation, courts, education, etc. Governments are required to provide architectural alterations to buildings to provide access to those with disabilities unless it would alter the service or make for hardship on the entity. 

Public Accommodations

This applies to private entities which own public or private public accommodations (restaurants, doctor's offices, hotels, theaters, etc.) These entities must make sure there is equal treatment of those with disabilities, no segregation and no exclusion by ways of architectural means and access. 

Public Transportation 

Public transportation authorities must make every reasonable effort to make their older vehicles accessible to those with disabilities. The newer vehicles must be accessible. They also have an obligation to pick up and drop off any passengers at their respective destinations who are unable to use the regular transit system because of mental or physical disabilities. 

Telecommunications

Telecommunication relay services are required for telephone and television providers. These services must be in place 24 hours a day, 7 days a week. Telecommunication relay services are for those who are hearing or speech impaired. This will allow them to make calls and communicate thru a third party. 

Getting Legal Help 

If you have specific questions regarding The Disability Act contact a qualified attorney. They will be able to assist you with the circumstances of your case.