What is the Americans with Disabilities Act - ADA

The Americans with Disabilities Act (ADA), enacted in 1990, is a landmark civil rights law that prohibits discrimination against individuals with disabilities, ensuring they have the same rights and opportunities as everyone else. The ADA is divided into five titles, each addressing different areas of public life:

1. Title I – Employment: This title prohibits discrimination against qualified individuals with disabilities in all aspects of employment, including hiring, promotions, and training. It applies to employers with 15 or more employees, ensuring that qualified individuals receive equal employment opportunities.
2. Title II – State and Local Government Services: Title II mandates that state and local governments provide individuals with disabilities equal access to their programs, services, and activities. This includes public education, transportation, and voting, among others.
3. Title III – Public Accommodations and Commercial Facilities: This title requires that public accommodations—such as restaurants, hotels, theaters, and retail stores—and commercial facilities be accessible to individuals with disabilities. It sets the standards for new construction and alterations to existing facilities to ensure accessibility.
4. Title IV – Telecommunications: Title IV addresses telephone and television access for individuals with hearing and speech disabilities, requiring telephone companies to provide relay services and mandating closed captioning for federally funded public service announcements.
5. Title V – Miscellaneous Provisions: This title includes various provisions that apply broadly across all the other titles, such as prohibiting retaliation against individuals enforcing their ADA rights.

Enforcement of the ADA:

The enforcement of the ADA is distributed among various federal agencies, each responsible for different titles:Adata

• Title I (Employment): Enforced by the Equal Employment Opportunity Commission (EEOC), which ensures that employers comply with ADA standards regarding employment practices.
• Title II (State and Local Government Services) and Title III (Public Accommodations): Enforced by the Department of Justice (DOJ), which investigates complaints and can initiate lawsuits to enforce compliance. Adata+1Accessibly+1
• Title IV (Telecommunications): Enforced by the Federal Communications Commission (FCC), which ensures that telecommunications companies provide accessible services.

Understanding the ADA's structure and enforcement mechanisms is crucial for ensuring compliance and promoting inclusivity for individuals with disabilities.

References:

• Introduction to the Americans with Disabilities Act | ADA.gov
• The ADA: Your Employment Rights as an Individual With a Disability | U.S. Equal Employment Opportunity Commission
• Disability Rights Section | United States Department of Justice
• An Overview of the Americans With Disabilities Act | ADA National Network

 

[Yankee Chronicler]

Good reminder. The key take-away is that the ADA is civil rights legislation, it is not a code. Likewise, the ADA Architectural Guidelines (formerly abbreviated as the ADAAG, since 2010 the ADAS) look a lot like A117.1 (and the older UFAS), but the ADAS is also not a code and is generally not enforced by local building officials unless the jurisdiction has adopted them by reference. My state has adopted A117.1-2017 rather than the ADAS.