ADA Flashcards
What is the ADA? When was it signed into law?
Americans with Disabilities Act (ADA)
Signed into law 1990
Guarantees equal opportunity through public accommodations for persons with disabilities
How is an individual with a disability defined?
“one who has a physical or mental impairment that substantially limits one or more major life activities”
What constitutes a physical impairment?
Any physiological disorder or condition, cosmetic disfiguration or anatomical loss affecting any body system
What constitutes a mental or psychological impairment?
Intellectual disability, organic brain syndrome, emotional or mental illness, & specific learning disabilities
What does “substantially limits” mean?
Person is unable to perform a major life activity that the average person in the general population can perform.
What individuals are NOT covered by the ADA?
Those with temporary impairments (e.g. broken leg, knee replacement) likely or expected to heel normally, or individuals with impairments that are not substantially limiting (e.g. someone whose vision is corrected with glasses)
What are 5 titles of the ADA?
- Employment Provisions
- Public Services
- Public Accommodations
- Telecommunications
- Regulations regarding implementation of the law
Title I: Employment Provisions (3 aspects)
- Protects qualified individuals with a disability (an individual who satisfies the prerequisite skill, experience, education, & other job related requirements)
- Protects those who with or without reasonable accommodation can perform the essential functions for the employment position
- Reasonable accommodation means it would not cause UNDUE HARDSHIP (costly, extensive, substantial, or disruptive or otherwise fundamentally alter the nature or operation of the business). Otherwise, exempt.
Title II: State & Local Gov’t Services (Public Services) (2)
- Gov’t agencies must give qualified individuals w/ disabilities equal opportunity to participate in or benefit from the state or local gov’t aid, benefits, or services.
- Includes fire, police, & school services
Title III: Public Accommodations (1)
- Prohibits discrimination against individuals with disabilities in full & equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation *MUST ACCOMMODATION FOR CUSTOMERS REGARDLESS OF SIZE OF COMPANY
Title III: Public Accommodations - Priorities of Places of Public Accommodation (PPA) (4)
- Access into the PPA - sidewalks, parking spaces or structures, public transportation
- Access to the area where goods & services are available (layout of displays, Brailed signage, widen doorways, visial alarms, ramps)
- Access to restroom facilities - removing obstacles, widening doorways, ramps, signage, wide toilet stalls, grab bars
- Access to goods, services, facilities, privileges, & accommodations - access to the actual goods or service
Title I: Employment Provisions - What criteria does the business have to meet to be required to provide accommodation?
Business must have 15 or more employees
What does the Equal Employment Opportunity Commission (EEOC) do?
Federal agency that provides enforcement of Title I’s provisions (help determine whether person can perform essential job functions)
Who enforces Title III?
Title III = Public accommodations
Enforced by the US Dept of Justice (DOJ)
What is the Fair Housing Act? (4)
- Protect individuals with disabilities from discrimination in rental or purchase of a home
- FHA covers private housing, housing the receives gov’t assistance, & state & local gov’t housing
- Exceptions: owner-occupied apt bldg w/ 4 or fewer units, or private homes in which the private owner owns less than 3 single-family homes & is not in the business of renting or selling home
- Must allow reasonable accommodate, but owner doesn’t have to pay for it.
