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Disclaimer: This is a brief overview which cannot possibly set forth
everything about the ADA and which, for purposes of brevity or as part of an
effort to state legal concepts simply and in plain English, may describe the
law in a manner which is not necessarily precise and/or accurate in every
respect.
Signed into law on July 26 1990, the Americans with Disabilities Act is a
wide-ranging legislation intended to make American Society more accessible
to people with disabilities.
It is divided into five titles:
1. Employment (Title I)
Business must provide reasonable accommodations to protect the rights of
individuals with disabilities in all aspects of employment. Possible changes
may include restructuring jobs, altering the layout of workstations, or
modifying equipment. Employment aspects may include the application process,
hiring, wages, benefits, and all other aspects of employment. Medical
examinations are highly regulated.
2. Public Services (Title II)
Public services, which include state and local government instrumentalities,
the National Railroad Passenger Corporation, and other commuter authorities,
cannot deny services to people with disabilities participation in programs
or activities which are available to people without disabilities. In
addition, public transportation systems, such as public transit buses, must
be accessible to individuals with disabilities.
3. Public Accommodations (Title III)
All new construction and modifications must be accessible to individuals
with disabilities. For existing facilities, barriers to services must be
removed if readily achievable. Public accommodations include facilities such
as restaurants, hotels, grocery stores, retail stores, etc., as well as
privately owned transportation systems.
4. Telecommunications (Title IV)
Telecommunications companies offering telephone service to the general
public must have telephone relay service to individuals who use
telecommunication devices for the deaf (TTYs) or similar devices.
5. Miscellaneous (Title V)
Includes a provision prohibiting either (a) coercing or threatening or (b)
retaliating against the disabled or those attempting to aid people with
disabilities in asserting their rights under the ADA.
The ADA's protection applies primarily, but not exclusively, to "disabled"
individuals. An individual is "disabled" if he or she meets at least any one
of the following tests:
1. He or she has a physical or mental impairment that substantially limits
one or more of his/her major life activities;
2. He or she has a record of such an impairment; or
3. He or she is regarded as having such an impairment.
Other individuals who are protected in certain circumstances include 1)
those, such as parents, who have an association with an individual known to
have a disability, and 2) those who are coerced or subjected to retaliation
for assisting people with disabilities in asserting their rights under the
ADA.
While the employment provisions of the ADA apply to employers of fifteen
employees or more, its public accommodations provisions apply to all sizes
of business, regardless of number of employees. State and local governments
are covered regardless of size.
Reprinted with permission from the
Job Accommodation
Network.
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“The only pure and consistent advocates for a child are his or her parents
or family members,” explains Betsy Primm, coordinator of Georgia Learning
Resource Services Metro-North branch. “That doesn’t mean that educators
don’t advocate every day for their students, but year in and year out, that
is a parent’s role.” |
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