ADA Address Disability Discrimination
The Americans with Disabilities Act (ADA) protects people with disabilities from discrimination in public places, businesses, and jobs. The ADA sets requirements that employers, state and local governments, businesses open to the public, transportation providers, and telecommunication companies must follow. It is illegal to discriminate against a person with a disability in any of these situations.
The ADA defines “disability” as an impairment that substantially limits a major life activity, or that makes a person significantly different from others in several ways. It is also a violation to treat an individual with a disability discrimination in a discriminatory way or retaliate against them for exercising their rights under the ADA.
In terms of employment, the ADA requires that employers provide reasonable accommodations to enable qualified individuals with disabilities to participate in job interviews and other work-related activities. These include modifications to physical elements of the workplace like widening doorways, adding ramps, or making restrooms accessible. An employer must make these accommodations unless it can demonstrate that doing so would impose undue hardship on the operation of the business. Undue hardship is a high standard that involves significant difficulty and expense.
How Does the ADA Address Disability Discrimination?
If you are a person with a disability and believe that you have been denied the opportunity to receive goods, services, or facilities because of your disability law, you may file a discrimination complaint with the Equal Employment Opportunity Commission (EEOC). Alternatively, many people prefer to file complaints under New York State or New York City’s Human Rights Laws (NYSHRL or NYCHRL), which have more flexible standards than the federal ADA.
Various government agencies enforce the ADA. The EEOC enforces Title I, the Department of Labor enforces Title II, and the Transportation Accessibility Act of 1996 (TAA) enforces Title III. In addition, the ADA establishes detailed accessibility requirements for public transportation systems that receive federal financial assistance.
It’s important to remember that the ADA only protects “qualified individuals with disabilities.” This means that you must have a mental or physical impairment that substantially limits one or more major life activities and do so in a manner that restricts your daily routine. This definition excludes short-term or transitory conditions, such as a broken arm that will heal or a condition that could be corrected with medication or auxiliary aids/services.
The ADA also prohibits discrimination on the basis of a perception of disability, rather than an actual diagnosis of a disability. This means that if an employer believes that a person who has a visible impairment will not be able to perform the job’s essential functions, they should conduct a thorough evaluation of that individual.
While the ADA establishes requirements that must be followed, disputes and misunderstandings still arise. Often, these can be resolved through informal negotiation or mediation procedures. This is why the ADA has an active program that promotes voluntary compliance with its requirements. This includes offering technical assistance and training. Interested parties can contact the Northeast ADA Center for more information.
