What is the Americans with Disabilities Act?

The American with Disabilities Act (ADA) is a sweeping civil rights law that passed in 1990. The ADA prohibits discrimination against people with disabilities on the job, in public accommodations (such as hotels, restaurants, or stores), in public transportation, and in government buildings and facilities.       

Titles of the ADA 

There are five titles or sections in the Americans with Disabilities Act.  

• Title 1 deals with employment issues and discrimination. Essentially, this section states that a covered employer cannot discriminate against anyone who has a disability. Private employers with at least 15 employees are covered, as are labor organizations, employment agencies, and labor management committees. Discrimination is prohibited in every part of the employment relationship, including hiring, compensation, benefits, discipline, and termination. Title I also requires covered entities to provide reasonable accommodations -- changes to the workplace or the position -- to allow employees with disabilities to do their jobs.  
• Public entities and public transportation are covered in Title 2. Disability discrimination is not allowed at any level of government: local, county, or state. These public entities are regulated by the United States Department of Justice. The regulations cover all programs and services offered by the entity, as well as physical accessibility issues. Public transportation regulations are handled by the United States Department of Transportation. These regulations require public transit providers, such as rail and bus services, not to discriminate against passengers with disabilities. They must also take reasonable steps to make transit accessible. 
• Title 3 governs public accommodations. Under the rules of this section, people with disabilities should be able to enjoy the services, goods, and facilities of any public accommodation, from restaurants and stores to sports arenas and concert venues. This includes lodging, dining, recreation, transportation, education, and shopping. After 1992, all new construction must comply with the accessibility guidelines set forth by the Americans with Disabilities Act.  
• Telecommunications are addressed in Title 4. This section states that telecommunications companies must offer equivalent services for customers with disabilities. This includes those with hearing loss, deafness, or speech impairments. This has led to the installation of Telecommunications Devices for the Deaf (TDD) and Teletypewriter machines (TTY). It has also led to the development of Telecommunications Relay Services (TRS) and Video Relay Service calls (VRS).  
• Title 5 includes miscellaneous provisions, including the anti-retaliation or coercion provision. Under this rule, people who exercise their rights under the law are protected from retaliation. This prohibition extends to anyone who tries to prevent or coerce the individual from exercising his rights. This includes intimidation, threats, or anything that could be considered interference.   

What To Do If you Have Suffered Discrimination  

Some examples of discrimination include:

• Denying employment opportunities to qualified applicants with disabilities.
• Classifying an employee with disabilities in an adverse way (for example, limiting the employee's compensation or prohibiting the employee from working with the public).
• Firing, disciplining, or refusing to promote employees because of their disabilities.
• Not making reasonable accommodations for an employee or applicant.

If you have been treated differently or denied access to a job or establishment because of your disability, you may have a claim for illegal discrimination. The first thing to do if you feel that you have been discriminated against because of a disability is to learn about your rights. It is often best to try and resolve the situation at the lowest level possible. For example, if you think you have been treated differently at work because of a disability, discuss your concerns with your manager or someone from the human resources department. Find out what the company guidelines are for resolving conflicts. Some organizations have a complaint process or an alternative dispute resolution (ADR) procedure that employees must follow. If those methods don't work to your satisfaction, you may wish to contact the appropriate government agency to file a complaint or seek legal advice. Title 1 is enforced by the Equal Employment Opportunity Commission (EEOC), and Titles 2 and 3 are regulated by the U.S. Department of Justice. Complaints about Title 4 should be sent to the Federal Communications Commission. You may also be able to file a civil lawsuit to collect damages for discrimination. 

Getting Help

There are attorneys who specialize in employment discrimination cases who are ready to assist those who have suffered illegal discrimination. If you believe you may have a claim for illegal discrimination, an experienced lawyer can help you evaluate your situation and, if necessary, assert your rights by filing a lawsuit.