Americans With Disabilities Act (ADA)

The Americans with Disabilities Act (ADA) of 1990 was passed at the federal level to effect additional legal requirements for employers with more than fifteen employees. The ADA prohibits employment discrimination against a "qualified individual with a disability" who, with or without reasonable accommodation, can perform essential job functions. The ADA website contains information that can help people with disabilities determine their rights, whether their rights have been violated, and any available recourse that can be taken. A copy of the complete text of the Act may be accessed from the US Department of Justice ADA web link below.

Myths and Facts On The ADA

Below are some myths and facts about the ADA from the Department of Justice (DOJ).

MYTH: ADA suits are flooding the courts.

FACT: The ADA has resulted in a surprisingly small number of lawsuits -- only about 650 nationwide in five years. That's tiny compared to the 6 million businesses; 666,000 public and private employers; and 80,000 units of state and local government that must comply.

MYTH: The ADA is rigid and requires businesses to spend lots of money to make their existing facilities accessible.

FACT: The ADA is based on common sense. It recognizes that altering existing structures is more costly than making new construction accessible. The law _only_ requires that public accommodations (e.g. stores, banks, hotels, and restaurants) remove architectural barriers in existing facilities when it is "readily achievable", i.e., it can be done "without much difficulty or expense." Inexpensive, easy steps to take include ramping one step; installing a bathroom grab bar; lowering a paper towel dispenser; rearranging furniture; installing offset hinges to widen a doorway; or painting new lines to create an accessible parking space.

MYTH: The government thinks everything is readily achievable.

FACT: Not true. Often it may not be readily achievable to remove a barrier -- especially in older structures. Let's say a small business is located above ground. Installing an elevator would not, most likely, be readily achievable -- and there may not be enough room to build a ramp -- or the business may not be profitable enough to build a ramp. In these circumstances, the ADA would allow a business to simply provide curbside service to persons with disabilities.

MYTH: The ADA requires businesses to remove barriers overnight.

FACT: Businesses are only required to do what is readily achievable at that time. A small business may find that installing a ramp is not readily achievable this year, but if profits improve it will be readily achievable next year. Businesses are encouraged to evaluate their facilities and develop a long-term plan for barrier removal that is commensurate with their resources.

MYTH: Restaurants must provide menus in braille.

FACT: Not true. Waiters can read the menu to blind customers.

MYTH: The ADA requires extensive renovation of all state and local government buildings to make them accessible.

FACT: The ADA requires all government _programs_, not all government _buildings_, to be accessible. "Program accessibility" is a very flexible requirement and does not require a local government to do anything that would result in an undue financial or administrative burden. Local governments have been subject to this requirement for many years under the Rehabilitation Act of 1973. Not every building, nor each part of every building needs to be accessible. Structural modifications are required only when there is no alternative available for providing program access. Let's say a town library has an inaccessible second floor. No elevator is needed if it provides "program accessibility" for persons using wheelchairs by having staff retrieve books.

MYTH: Sign language interpreters are required everywhere.

FACT: The ADA only requires that effective communication not exclude people with disabilities -- which in many situations means providing written materials or exchanging notes. The law does not require any measure that would cause an undue financial or administrative burden.

MYTH: The ADA forces business and government to spend lots of money hiring unqualified people.

FACT: No unqualified job applicant or employee with a disability can claim employment discrimination under the ADA. Employees must meet all the requirements of the job and perform the essential functions of the job with or without reasonable accommodation. No accommodation must be provided if it would result in an undue hardship on the employer.

MYTH: Accommodating workers with disabilities costs too much.

FACT: Reasonable accommodation is usually far less expensive than many people think. In most cases, an appropriate reasonable accommodation can be made without difficulty and at little or no cost.

MYTH: The government is no help when it comes to paying for accessibility.

FACT: Not so. Federal tax incentives are available to help meet the cost of ADA compliance.

MYTH: Businesses must pay large fines when they violate the ADA.

FACT: Courts may levy civil penalties only in cases brought by the Justice Department, not private litigants. The Department only seeks such penalties when the violation is substantial and the business has shown bad faith in failing to comply. Bad faith can take many forms, including hostile acts against people with disabilities, a long-term failure even to inquire into what the ADA requires, or sustained resistance to voluntary compliance. The Department also considers a business' size and resources in determining whether civil penalties are appropriate. Civil penalties may not be assessed in cases against state or local governments or employers.

MYTH: The Justice Department sues first and asks questions later.

FACT: The primary goal of the Department's enforcement program is to increase voluntary compliance through technical assistance and negotiation. Under existing rules, the Department may not file a lawsuit unless it has first tried to settle the dispute through negotiations -- which is why most every complaint settles.

MYTH: The Justice Department never files suits.

FACT: The Department has been party to 20 suits under the ADA. Although it tries extensively to promote voluntary compliance, the Department will take legal action when entities continue to resist complying with the law.

MYTH: Many ADA cases involve frivolous issues.

FACT: The Justice Department's enforcement of the ADA has been fair and rooted in common sense. The overwhelming majority of the complaints received by the Justice Department have merit. Our focus is on fundamental issues related to access to goods and services that are basic to people's lives. We have avoided pursuing fringe and frivolous issues and will continue to do so.

MYTH: Everyone claims to be covered under the ADA.

FACT: The definition of "individual with a disability" is fraught with conditions and must be applied on a case-by-case basis.

MYTH: The ADA protects people who are overweight.

FACT: Just being overweight is not enough. Modifications in policies only must be made if they are _reasonable_ and do not fundamentally alter the nature of the program or service provided. The Department has received only a handful of complaints about obesity.

MYTH: The ADA is being misused by people with "bad backs" and "emotional problems."

FACT: Trivial complaints do not make it through the system. And many claims filed by individuals with such conditions are not trivial. There are people with severe depression or people with a history of alcoholism who are judged by their employers, not on the basis of their abilities, but rather upon stereotypes and fears that employers associate with their conditions.

We all want to keep up with issues that concern us as people with disabilities but it's often difficult to find news about the ADA in mainstream media outlets. Thanks to the National Coalition for Disability Rights (NCDR) we can now browse over to their web site to get the latest news on the ADA.

A variety of news items are constantly updated on the home page of adawatch.org. They also have links on how you can contact government officials to get your voice heard. Click here to visit adawatch.org

US Department of Justice
Toll Free: 800-514-0301
TTY: 800-514-0383
Web: http://www.usdoj.gov/crt/ada/adahom1.htm

Reaching The Disability Market: A Guide for Businesses

As a business owner or operator, or someone thinking about opening a business, you may have wondered what you have to do to comply with the Americans with Disabilities Act (ADA). The U.S. Department of Justice's Disability Rights Section's has an online course for businesses, "Reaching Out to Customers with Disabilities." The course explains how the ADA applies to businesses in ten short lessons.

Putting these lessons into practice will allow you to comply with the ADA and welcome a whole new group of customers to purchase your goods, products, and services. And you may find that making your business more accessible and welcoming to people with disabilities is not as difficult as you thought.

Click this link to visit the Department of Justice's page on Reaching The Disability Market.

Become familiar with what has been referred to as "The Civil Rights Act for the Disabled."

This is the text of Public Law 101-336, Americans with Disabilities Act (ADA) of 1990. Note: This document is also available for loan from the National Library Service for the Blind and Physically Handicapped (NLS).

Large Type:
Catalog Number: J-60000-00

Note: Not available on Quota.

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Toll Free: 800-223-1839
Phone: 502-895-2405
Fax: 502-899-2274
E-mail: info@aph.org
Web site: http://www.aph.org

Ten Small Business Mistakes video

This thirteen-minute streaming video identifies common mistakes that small businesses make when trying to comply with the ADA and addresses the importance and value of doing business with 50 million people with disabilities. The video features statements by store owners expressing their doubts or misunderstandings about the ADA followed by responses from Assistant Attorney General R. Alexander Acosta and other Department of Justice employees explaining the law in common sense terms.

Click this link to visit the ADA Streaming Video Gallery to watch the Ten Small Business Mistakes video.

ADA Document Portal

The ADA Collection consists of more than 7,400 documents. Use the search box to enter keywords and search the entire ADA Collection. You can choose to search "Everything" or to search an ADA category, such as "Only Employment". Use the drop-down list to see your choices! You can also browse any of the 9 ADA categories and over 15,000 documents can be viewed.

Click this link to visit the ADA Document Portal: http://www.adata.org/adaportal.