The Americans With Disabilities Act of 1990
The rights of any person regarded as having mental or physical limitations restricting their capability to perform normal, everyday functions are defined by the Americans with Disabilities Act. Originally enacted by Congress on July 26, 1990, the law was amended on January 1, 2009, and published in the United States Code. The ADA describes rights in regard to employment, public services, public accommodations and telecommunications.
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Employment
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The Equal Employment Opportunity Commission is required to ensure that Americans with disabilities are given fair advantage to employment opportunities they would be capable of performing, therefore eliminating discriminatory practices in businesses employing more than 15 persons. The act specifically defines the terms disability and discrimination. The responsibilities of the employer are clearly outlined as well as circumstances considered to be exclusions. The EEOC is responsible for enforcement of this section of the law.
Public Services
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Since January 1992, all state and local government buildings have been required to provide handicapped accessibility. All activities, programs and services offered by these government entities must be considered usable by persons with disabilities. Ramped curbs at intersection of streets and sidewalks are provided for under the ADA. By January 1997, all bus, train and rail stations were to be handicapped-accessible, including access to telephones, drinking fountains and restroom facilities. The individual public transportation vehicles were also required to be unrestricted. Enforcement of these directives is mandated to the Departments of Justice and Transportation.
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Public Accommodations
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All commercial facilities--encompassing restaurants, theaters, stores and shopping complexes, hotels and motels, museums, libraries and parks--need to comply with the provisions of the act to insure that persons with disabilities are not denied access. Existing structures have been required to make necessary modifications since July 1991. Buildings constructed since January 1992 needed to provide for accessibility in the original building plans. The Departments of Justice and Transportation administer this component of the Americans with Disabilities Act.
Telecommunications
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Persons with hearing or speech impairments are guaranteed that telecommunication services are available for their use at all times. In addition to teletypewriters (TTYs) and telecommunications devices for the deaf (TDDs), the Internet has made text calls and video-relay services an option for the disabled. The Federal Communications Commission oversees enforcement of telecommunication services.
Miscellaneous
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The law also consists of provisions that apply to the EEOC's enforcement of the employment section. Also included are stipulations prohibiting the use of counteraction, threats or intimidation against individuals attempting to protect their rights under the law by filing complaints or lawsuits. The Americans with Disabilities Act cannot be interpreted to nullify the opportunities afforded persons with disabilities within federal programs provided for in the Rehabilitation Act of 1973.
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References
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