Americans With Disabilities Act (ADA)
The United State's disability laws are determined by the federal government, under the Americans with Disabilities Act (ADA). The ADA prohibits discrimination on the basis of disability in employment, state and local government, public accommodations, commercial facilities, transportation and telecommunications.
-
Employment
-
The ADA requires employers to provide individuals with disabilities the same rights and privileges as other employees. This prohibits discrimination in hiring, recruiting, pay, benefits, training, promotion or social activities in the workplace. No questions can be asked about an individual's disability before a job offer is made. Employers must provide accommodations for known mental and physical disabilities among employees.
State and Local Government
-
The ADA covers all activities of state and local governments, no matter the size or whether or not the government receives federal funding. All state and local governments must provide individuals with disabilities with the same opportunities to participate in any program, service or activity as all other citizens. This covers employment, transportation, heath care, social services, courts, voting and public meetings. Under the ADA all state and local governments are directed to follow strict architectural guidelines in renovations or the construction of new government buildings in order to accommodate individuals with disabilities. This means that all government buildings must be wheelchair accessible and the government must provide adequate communication for individuals with speech, hearing and vision disabilities.
-
Public Accommodations
-
Public accommodations must follow the same criteria for accessibility for individuals with disabilities as government buildings. This applies to private entities who own, lease, lease to or operate restaurants, retail stores, hotels, movie theaters, schools, doctors' offices, convention centers, homeless shelters, zoos, funeral homes, daycare centers and recreation facilities. These facilities must also comply with nondiscrimination laws prohibiting segregation, exclusion or unequal treatment. Any place that administers examinations for professional, educational, trade-related applications, licensing or certifications must also be accessible for individuals with disabilities or provide alternate sites for their service.
Commercial Facilities
-
Commercial facilities must follow the same guidelines as public accommodations. This includes warehouses and factories.
Public Transportation
-
Discrimination or segregation based on an individual's disability is prohibited in any form of public transportation (such as on buses, railways, and metro systems). Public transportation must also strive to provide accessibility for individuals of disability, whether that means being wheelchair accessible or providing adequate communication methods for those with speech, hearing or visual disabilities.
Telecommunications
-
The ADA also addresses telephone and television access for individuals with speech and hearing disabilities. This mandates closed captioning on federally funded television programs and requires phone companies to set up interstate and intrastate phone relays. Phone relays allow individuals with speech and hearing disabilities to use teletypewriters to communicate with callers using voice telephones through a third party communication assistant.
Complaints of Violations
-
Complaints of violations of the ADA can be reported to the U.S. Department of Justice Civil Rights Division, Disability Rights Section.
-
References
- Photo Credit handicap image by laurent gehant from Fotolia.com