What is the Americans with Disabilities Act?

The Americans with Disabilities Act of 1990 prohibits discrimination based on disabilities under certain circumstances. Its five titles provide individuals with disabilities parallel human rights the Civil Rights Act of 1964 afforded those who had been discriminated based on sex, religion, and race.

Title I of ADA focuses on equal opportunity employment practices. It requires employers to make reasonable accommodations for qualified individuals with disabilities to perform essential job functions. Reasonable accommodations include making facilities usable and accessible by individuals with disabilities. Further, reasonable accommodations include but are not limited to job structuring, the acquisition of equipment and devices, modified schedules, modifications to examinations or training materials, and the provision of qualified readers or interpreters. Title I implicated that job descriptions be rewritten to include bias free language and to include essential and marginal functions.

Title II provisions apply to the programs and services of all state and local government entities. According to Title II, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of services, programs or activities of a public entity. The public entity must be accessible to qualified individuals with disabilities. State universities and other public places had to be renovated to comply with the provisions. In addition, Title II seeks to ensure that people with disabilities have access to existing public transportation services. All new buses must be accessible.

Title III involves public accommodations and services operated by private entities. Privately owned entities such private educational institutions, recreational facilities, social service centers, and etc cannot use eligibility requirements that exclude individuals with disabilities unless the requirements are necessary for the operation of the public accommodation. Existing facilities underwent modifications to remain compliant while new constructions comply with the ADA Accessibility Guidelines so they are accessible to people with disabilities. Title III allowed accessibility to common places.

Title IV requires that telephone companies provide telecommunications relay services that allow individuals with hearing impairments to communicate using a TDD or other non-voice device. The network uses hearing individuals as operators to act as intermediaries for the deaf and hearing-impaired individuals who wish to call an entity that does no have access to a TDD.

Title V includes miscellaneous information regarding the ADA's relationship with other federal and state laws, requirements relating to the provision of insurance, construction and design regulations by the U.S. Access Board, prohibition of state immunity, inclusion of Congress as a covered entity under the law, promotion of alternative means of dispute resolution, and establishment of technical assistance resources.

Implication of the Passage of ADA on Public Education

Title II forced the public educational system to revamp its architecture to make campuses more accessible. In addition, reasonable accommodations were added. The renovations of universities pressured local governments to redo all schools in the public school systems. In essence, they encouraged cities to act. College programs became accessible and reasonable accommodations were made to include otherwise qualified college students. Now qualified students can receive accommodations such as having a reader, sign language interpreter, or a note taker, receiving extended time on tests, and acquiring supportive equipment. Reasonable accommodations also include modifications to a postsecondary education admission procedure and modifications in the classrooms.