The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications, and governmental activities. It covers all employment practices, including application procedures, hiring, firing, advancement, compensation, training, and other terms, conditions, and privileges of employment. It applies to recruitment, advertising, tenure, layoff, leave, fringe benefits, and all other employment-related activities .
Signing of the ADA Act of 1990
President George H. W. Bush signs the Americans with Disabilities Act of 1990 into law. Pictured (left to right): Evan Kemp, Rev Harold Wilke, Pres. Bush, Sandra Parrino, Justin Dart
Specifications of ADA
The ADA applies to private employers, state and local governments, employment agencies, and labor unions. Employers with 25 or more employees were covered as of July 26, 1992. Employers with 15 or more employees were covered two years later, beginning July 26, 1994.
Employment discrimination is prohibited against "qualified individuals with disabilities. " This includes applicants for employment and current employees. An individual is considered to have a "disability" if he or she has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. Persons discriminated against because they have a known association or relationship with an individual with a disability also are protected.
Compliance and Enforcement
The Department of Labor's Office of Disability Employment Policy (ODEP) provides publications and other technical assistance on the basic requirements of the ADA. It does not enforce any part of the law.
There are four federal agencies that enforce the ADA:
- The Equal Employment Opportunity Commission (EEOC) enforces regulations covering employment.
- The Department of Transportation enforces regulations governing transit.
- The Federal Communications Commission (FCC) enforces regulations covering telecommunication services.
- The Department of Justice enforces regulations governing public accommodations and state and local government services.
Opposition to the Act
Employers: The ADA has been a frequent target of criticism by employers who claim that individuals who are diagnosed with one of the so-called "lesser disabilities" are being "accommodated" when they should not be. On the other hand, court decisions have made necessary "an individualized assessment to prove that an impairment is protected under the ADA. Therefore, the plaintiff must offer evidence that the extent of the limitation caused by the impairment is substantial in terms of his or her own experience. " A medical diagnosis or physician's declaration of disability is no longer enough. Even those who support the intent of the law worry that it might have unintended consequences. Among other arguments, supporters hypothesize that the Americans with Disabilities Act creates additional legal risks for employers who then quietly avoid hiring people with disabilities to avoid this risk.
Religious Groups: The debate over the Americans with Disabilities Act led some religious groups to take opposite positions. Groups, such as the Association of Christian Schools International, opposed the ADA in its original form. ACSI opposed the Act primarily because the ADA labeled religious institutions public accommodations, and thus would have required churches to make costly structural changes to ensure access for all. The cost argument advanced by ACSI and others prevailed in keeping religious institutions from being labeled as public accommodations, and thus churches were permitted to remain inaccessible if they chose. In addition to opposing the ADA on grounds of cost, church groups like the National Association of Evangelicals testified against the ADA's Title I (employment) provisions on grounds of religious liberty. The NAE felt that the regulation of the internal employment of churches was "... an improper intrusion [of] the federal government. "
Business Interests: Many members of the business community opposed the passage of the Americans with Disabilities Act. The U.S. Chamber of Commerce argued that the costs of the ADA would be "enormous" and have "a disastrous impact on many small businesses struggling to survive. " The National Federation of Independent Businesses, an organization that lobbies for small businesses, called the ADA "a disaster for small business. " Pro-business conservative commentators joined in opposition, writing that the Americans with Disabilities Act was "an expensive headache to millions" that would not necessarily improve the lives of people with disabilities.