American Disabilities Act Of 1990

Introduction To The Ada

The Americans with Disabilities Act was signed into law on July 26, 1990, by President George H.W. Bush. The ADA is one of Americas most comprehensive pieces of civil rights legislation that prohibits discrimination and guarantees that people with disabilities have the same opportunities as everyone else to participate in the mainstream of American life to enjoy employment opportunities, to purchase goods and services, and to participate in State and local government programs and services. Modeled after the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, religion, sex, or national origin and Section 504 of the Rehabilitation Act of 1973 the ADA is an equal opportunity law for people with disabilities.

To be protected by the ADA, one must have a disability, which is defined by the ADA as 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.

Americans With Disabilities Act Of 1990

The Americans with Disabilities Act of 1990 or ADA is a civil rights law that prohibits discrimination based on disability. It affords similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964, which made discrimination based on race, religion, sex, national origin, and other characteristics illegal, and later sexual orientation and gender identity. In addition, unlike the Civil Rights Act, the ADA also requires covered employers to provide reasonable accommodations to employees with disabilities, and imposes accessibility requirements on public accommodations.

Sec 225 Temporary Relief Where Lifts Are Unavailable

Granting.–With respect to the purchase of new buses, a public entity may apply for, and the Secretary may temporarily relieve such public entity from the obligation under section 222 or 224 to purchase new buses that are readily accessible to and usable by individuals with disabilities if such public entity demonstrates to the satisfaction of the Secretary–

that the initial solicitation for new buses made by the public entity specified that all new buses were to be lift-equipped and were to be otherwise accessible to and usable by individuals with disabilities

the unavailability from any qualified manufacturer of hydraulic, electromechanical, or other lifts for such new buses

that the public entity seeking temporary relief has made good faith efforts tolocate a qualified manufacturer to supply the lifts to the manufacturer of such buses in sufficient time to comply with such solicitation and that any further delay in purchasing new buses necessary to obtain such lifts would significantly impair transportation services in the community served by the public entity.

Duration and Notice to Congress.–Any relief granted under subsection shall be limited in duration by a specified date, and the appropriate committees of Congress shall be notified of any such relief granted.

Fraudulent Application.–If, at any time, the Secretary has reasonable cause to believe that any relief granted under subsection was fraudulently applied for, the Secretary shall–

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What Is Reasonable Accommodation

Reasonable accommodation is any change or adjustment to a job or work environment that permits a qualified applicant or employee with a disability to participate in the job application process, to perform the essential functions of a job, or to enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities. For example, reasonable accommodation may include:

• providing or modifying equipment or devices
• job restructuring
• part-time or modified work schedules
• reassignment to a vacant position
• adjusting or modifying examinations, training materials, or policies
• providing readers and interpreters
• making the workplace readily accessible to and usable by people with disabilities

An employer is required to provide a reasonable accommodation to a qualified applicant or employee with a disability unless the employer can show that the accommodation would be an undue hardship that is, that it would require significant difficulty or expense.

Sec 12189 Examinations And Courses

Any person that offers examinations or courses related to applications, licensing, certification, or credentialing for secondary or postsecondary education, professional, or trade purposes shall offer such examinations or courses in a place and manner accessible to persons with disabilities or offer alternative accessible arrangements for such individuals.

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Title Iii Of The Ada: Public Accommodations And Services Operated By Private Entities

Private entities covered by this subchapter are listed in §12181. This Title provides that no individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases , or operates a place of public accommodation. It addresses issues such as accessibility, discriminatory exclusionary practices and segregation of the disabled. It also specifies exclusions from the Acts coverage, private entity defenses and remedies.

The Attorney General is charged with the enforcement of this title and there is no individual cause of action for damages. Individuals may sue for injunctive relief, but the Attorney General must file actions for damages and civil fines.

Sec 230 Interim Accessibility Requirements

If final regulations have not been issued pursuant to section 229, for new construction or alterations for which a valid and appropriate State or local building permit is obtained prior to the issuance of final regulations under such section, and for which the construction or alteration authorized by such permit begins within one year of the receipt of such permit and is completed under the terms of such permit, compliance with the Uniform Federal Accessibility Standards in effect at the time the building permit is issued shall suffice to satisfy the requirement that facilities be readily accessible to and usable by persons with disabilities as required under sections 226 and 227, except that, if such final regulations have not been issued one year after the Architectural and Transportation Barriers Compliance Board has issued the supplemental minimum guidelines required under section 504 of this Act, compliance with such supplemental minimum guidelines shall be necessary to satisfy the requirement that facilities be readily accessible to and usable by persons with disabilities prior to issuance of the final regulations.

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Sec 12114 Illegal Use Of Drugs And Alcohol

Qualified individual with a disability

For purposes of this subchapter, a qualified individual with a disability shall not include any employee or applicant who is currently engaging in the illegal use of drugs, when the covered entity acts on the basis of such use.

Rules of construction

Nothing in subsection of this section shall be construed to exclude as a qualified individual with a disability an individual who

has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal use of drugs, or has otherwise been rehabilitated successfully and is no longer engaging in such use

is participating in a supervised rehabilitation program and is no longer engaging in such use or

is erroneously regarded as engaging in such use, but is not engaging in such use

except that it shall not be a violation of this chapter for a covered entity to adopt or administer reasonable policies or procedures, including but not limited to drug testing, designed to ensure that an individual described in paragraph or is no longer engaging in the illegal use of drugs.

A covered entity

may prohibit the illegal use of drugs and the use of alcohol at the workplace by all employees

may require that employees shall not be under the influence of alcohol or be engaging in the illegal use of drugs at the workplace

may require that employees behave in conformance with the requirements established under the Drug-Free Workplace Act of 1988

Drug testing

The Americans With Disability Act Of 1990

The rule of law of the country states that all people are equal before the law of the country. This is the main drive that led to the passing of the Americans with Disabilities Act of 1990. ADA is often considered the firstfar reaching social liberties law that prioritizes the necessities of the general population with inabilities, precluding any type of segregation, especially in business, open administrations, open convenience and telecommunication. Research shows that the ADA has the most far-reaching influence on the United States workplace since the civil rights act of 1964. Unfortunately, many American citizens remain uncertain about their rights and responsibilities owing to the terms used in the act such as reasonable accommodation . As a result, most of the Americans are not sure how they should interact effectively and legally with people with disabilities. The primary objective of the act of the act is to set a clear definition of disabilities and protect American citizens working and living in the United States from discrimination by disability. The act attempts to offer a clear mandate prohibiting the segregation of individuals with disabilities, provide standards for enforcing standards defining disability and discrimination and to make sure that the government assistance in enforcing the already established standards. This study will attempt to provide the overview of the law, public trends and faith integration of the law.

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Sec 2 Findings And Purposes

Findings.–The Congress finds that–

Purpose.–It is the purpose of this Act–

Who Is A Qualified Individual With A Disability

A qualified individual with a disability is a person who meets legitimate skill, experience, education, or other requirements of an employment position that he or she holds or seeks, and who can perform the “essential functions” of the position with or without reasonable accommodation. Requiring the ability to perform “essential functions” assures that an individual will not be considered unqualified simply because of inability to perform marginal or incidental job functions. If the individual is qualified to perform essential job functions except for limitations caused by disability, the employer must consider whether the individual could perform these functions with a reasonable accommodation. If a written job description has been prepared in advance of advertising or interviewing applicants for a job, this will be considered as evidence, although not necessarily conclusive evidence, of the essential functions of the job.

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Sec 310 Effective Date

General Rule.–Except as provided in subsections and , this title shall become effective 18 months after the date of the enactment of this Act.

Civil Actions.–Except for any civil action brought for a violation of section 303, no civil action shall be brought for any act or omission described in section 302 which occurs–

during the first 6 months after the effective date, against businesses that employ 25 or fewer employees and have gross receipts of $1,000,000 or less and

during the first year after the effective date, against businesses that employ 10 or fewer employees and have gross receipts of $500,000 or less.

Exception.–Sections 302 for purposes of section 302 and only, 304 for purposes of section 304 only, 304, 305, and 306 shall take effect on the date of the enactment of this Act.

Telecommunications.–Title II of the Communications Act of 1934 is amended by adding at the end thereof the following new section:

“SEC. 225. TELECOMMUNICATIONS SERVICES FOR HEARING-IMPAIRED AND SPEECH- IMPAIRED INDIVIDUALS.

Definitions.–As used in this section–

Common carrier or carrier.–The term ‘common carrier’ or ‘carrier’ includes any common carrier engaged in interstate communication by wire or radio as defined in section 3 and any common carrier engaged in intrastate communication by wire or radio, notwithstanding sections 2 and 221.

Availability of Telecommunications Relay Services.–

Regulations.–

establish minimum standards that shall be met in carrying out subsection

Sec 223 Paratransit As A Complement To Fixed Route Service

General Rule.–It shall be considered discrimination for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 for a public entity which operates a fixed route system to fail to provide with respect to the operations of its fixed route system, in accordance with this section, paratransit and other special transportation services to individuals with disabilities, including individuals who use wheelchairs, that are sufficient to provide to such individuals a level of service which is comparable to the level of designated public transportation services provided to individuals without disabilities using such system or in the case of response time, which is comparable, to the extent practicable, to the level of designated public transportation services provided to individuals without disabilities using such system.

Issuance of Regulations.–Not later than 1 year after the effective date of this subsection, the Secretary shall issue final regulations to carry out this section.

Required Contents of Regulations.–

Eligible recipients of service.–The regulations issued under this section shall require each public entity which operates a fixed route system to provide the paratransit and other special transportation services required under this section–

to any individual with a disability who has a specific impairment-related condition which prevents such individual from traveling to a boarding location or from a disembarking location on such system

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How Real Estate Agents Can Uphold The Ada

As a future real estate professional, its your job to follow the ADA and help reduce housing discrimination. Real estate agents should:

• Familiarize themselves with ADA rules
• Work with companies who comply with the ADA
• Recommend accessible housing units for individuals with disabilities
• Ensure their websites are accessible for disabled people

Sec 242 Intercity And Commuter Rail Actions Considered Discriminatory

Intercity Rail Transportation.–

One car per train rule.–It shall be considered discrimination for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 for a person who provides intercity rail transportation to fail to have at least one passenger car per train that is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, in accordance with regulations issued under section 244, as soon as practicable, but in no event later than 5 years after the date of enactment of this Act.

New intercity cars.–

General rule.–Except as otherwise provided in this subsection with respect to individuals who use wheelchairs, it shall be considered discrimination for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 for a person to purchase or lease any new rail passenger cars for use in intercity rail transportation, and for which a solicitation is made later than 30 days after the effective date of this section, unless all such rail cars are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, as prescribed by the Secretary of Transportation in regulations issued under section 244.

Special rule for single-level passenger coaches for individuals who use wheelchairs.–Single-level passenger coaches shall be required to–

be able to be entered by an individual who uses a wheelchair

a number of spaces–

Stations.–

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Does An Employer Have To Give Preference To A Qualified Applicant With A Disability Over Other Applicants

No. An employer is free to select the most qualified applicant available and to make decisions based on reasons unrelated to the existence or consequence of a disability. For example, if two persons apply for a job opening as a typist, one a person with a disability who accurately types 50 words per minute, the other a person without a disability who accurately types 75 words per minute, the employer may hire the applicant with the higher typing speed, if typing speed is needed for successful performance of the job.