Module #2

The ADA and Reasonable Accommodations

 

LESSON #1: AN INTRODUCTION TO THE AMERICANS WITH DISABILITIES ACT (ADA)

As mentioned in the introduction many employers believe they will need to provide difficult and expensive supports and accommodations if they hire individuals with disabilities.  This first lesson will address this common misperception through an introduction to the ADA. This first lesson will:

• Provide you with an overview of the ADA
• Introduce you to common myths about the ADA

Initial Thoughts: 

Most of us have heard of the ADA, however, many of us never step back and really think about not only the benefits of the ADA to people with disabilities but to all of us and our communities.  Many of us know that the ADA addresses some familiar accessibility issues and requirements such as ramps and sidewalk curb cuts to make it easier for people who use wheelchairs to access public places. However, few people stop to think about the positive impact these changes have had on all our lives.  For example, parents pushing strollers and shoppers using grocery carts regularly benefit from ramps and curb cuts. You may not be specifically covered under the ADA but most of us benefit from it everyday!

As we learned in Module #1, disability is a natural part of life.  The increased accessibility the ADA provides to people with disabilities also universally improves our quality of life as well. 

What Is The ADA?

"To the more than 50 million Americans with disabilities, the Americans with Disabilities Act is an unprecedented opportunity to eliminate barriers to independence and productivity. The ADA is modeled after the Civil Rights Act of 1964." (Baum, et al., 2004). It was signed into law by President George H. W. Bush in 1990.

 

 

"The purpose of the ADA is to extend to people with disabilities civil rights similar to those that are available on the basis of race, color, sex, national origin, and religion through the Civil Rights Act of 1964. It prohibits discrimination on the basis of disability in private sector employment, activities of State and local governments (including employment), places of public accommodation, transportation, and telecommunication services." (Baum, et al., 2004). Each of these areas are addressed through the different titles contained within the ADA. Following is brief overview of each title:

The ADA Has Five Titles:

Title 1 – Employment:  The ADA prohibits employment discrimination against a qualified individual with a disability and includes specific features related to reasonable accommodation.  We will focus on reasonable accommodations throughout the remaining lessons.  More details to come! 

Title 2 – Public Services:  Title 2 prohibits discrimination on the basis of disability in all services, programs, and activities provided or made available by local or state governments and their affiliate agencies.  For example this might include public bus service, parks, and public schools and universities.

Title 3 – Public Accommodations:  This title specifies that no individual shall be discriminated against on the basis of disability in the full and equal access of public venues such as restaurants, bars, theaters, hotels, stadiums, and retail stores.

Title 4 – Telecommunications:  Title 4 requires telephone companies to provide telecommunication relay services. Similarly, television stations must close caption their programs. 

Title 5 – Miscellaneous Provisions:  This title contains supplemental regulations not explicitly covered in other parts of the ADA (e.g., State Immunity, Attorney Fees, Coverage of Congress and Federal and State Laws).

 

Each of the pictures below represents an area of everyday life covered by the ADA. To test your understanding, pick which ADA title corresponds to each picture.

Which Title would cover accessiblity at a university stadium? a. Title I b. Title II c. Title III d. Title IV   Which Title would cover the installation of wheelchair lifts on a city bus? a. Title I b. Title II c. Title III d. Title IV   Which Title would cover an accommodation at work? a. Title I b. Title II c. Title III d. Title IV   Which Title covers the use of closed captioning for television shows? a. Title I b. Title II c. Title III d. Title IV

 

It is important to keep in mind the reach of the ADA is very broad and we will go into further detail regarding the employment provisions of the Act in the lessons that follow.

Many people hold a number of preconceived perceptions regarding the ADA. Let's explore some of these in the following quizzes:

Question #1.

 

The passage of the ADA has resulted in very few law suits. a. Myth b. Fact

Question #2. 

 

The ADA forces business and government to spend lots of money hiring unqualified people. a. Myth b. Fact

Question #3. 

 

Governments must make all of their facilities fully ADA accessible. a. Myth b. Fact

Question #4. 

 

There is a forty percent (40%) chance of acquiring a disability if you live to the age of 80. True False

Question #1 and #2 were adapted from ODEP's "Employers and the ADA: Myths and Facts".

Question #3 was reproduced from Baum, et al., 2004.

As you can see, there are a number of misconceptions about the ADA but the fact is it hasn't been overly burdensome for employers and businesses. In fact, it has been beneficial to many employers and businesses. For example, due to implementation of the ADA, physical access to businesses has increased, which in turn increases the number of potential customers. Similarly, employers have an increased pool of qualified employees from which to choose.

 

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