What Does the Americans with Disabilities Act Do?

The Americans with Disabilities Act is an important law created and enacted to help and protect those struggling with a disability. If you or someone you love struggles with a disability, you may wonder how this law applies to you and if it offers any protections or benefits under the law. These are all reasonable and understandable questions to ask. Let’s take a closer look at what the ADA is, its protections, and how you might assert your right to those protections when you need them.

What Protections Does the ADA Offer?

The ADA was enacted on July 26, 1990. The ADA is intended to protect disabled people from discrimination based on their disabilities. Under the ADA, an individual is considered disabled if they have an impairment (either mental or physical) that substantially limits at least one major life activity. Those who can provide medical evidence that they meet this definition can claim the protections that the ADA offers.

A primary goal of the ADA is to ensure that people with disabilities have the same opportunities as others to enjoy and engage in all aspects of daily life. The ADA is divided into five separate titles to address each of those aspects. These include:

• Title I – Title One of the ADA focuses primarily on protecting disabled individuals in the workplace. It requires that private employers who have fifteen or more employees provide disabled individuals with an equal opportunity to benefit from the same employment-related opportunities that are available to non-disabled individuals. Examples of protections offered under Title One include prohibitions against discrimination in hiring, promotions, training, pay, and a variety of other employment-related privileges. In addition, employers must attempt to make reasonable accommodations for the physical and mental limitations of disabled individuals, unless doing so results in undue hardship.
• Title II – Title Two of the ADA addresses state and local governments. It requires that governments provide an opportunity for disabled individuals to benefit from all of the programs and services offered by those agencies, and to make reasonable modifications to make those services accessible to disabled individuals. Some of those services might include public transportation, healthcare, judicial services, public education, recreational facilities, and more.
• Title III – Title Three of the ADA focuses on privately owned businesses that invite the public to use their facilities. Examples might include restaurants, movie theaters, private schools, retail stores, doctors’ offices, fitness clubs, and more. These facilities are required to make reasonable accommodations for disabled individuals to provide them with an equal opportunity to enjoy and utilize the facilities as non-disabled individuals do.
• Title IV – Title Four of the ADA centers on communication access via television and telephone for those with hearing and speech disabilities. Communication providers must establish services to allow those with hearing and speech disabilities to communicate effectively. It also requires closed-captioning of federally-funded public service announcements.
• Title V – Title Five of the ADA has a variety of miscellaneous provisions, including a provision prohibiting any kind of retaliation against individuals who assert their rights to protections offered under the ADA.

Together, these five titles offer a variety of important protections to disabled individuals in many areas of their lives. If you believe you may be entitled to protection under the ADA, you can and should assert your rights.

How to Assert Your Rights Under the ADA

Because the ADA is divided into various titles, it is enforced by various corresponding entities. Some of those enforcement agencies include the Civil Rights Division of the United States Department of Justice, the Equal Opportunity Employment Commission, the Federal Transit Administration, and others. If you believe that you have rights which are protected under the ADA and which have been violated, you should seek out an attorney who knows and understands the law and who can provide you with guidance as to how best to move forward to protect your rights. At Disability Experts, we’re here for you.

Call Disability Experts Today

At Disability Experts, we know that legal matters can seem complex, and at times, even overwhelming. While it can be comforting to know that laws like the ADA exist to protect you if you’re disabled, it can seem confusing to try to understand exactly how to assert your rights and claim the protections you need under the law. Likewise, it can be stressful to know that you need to seek disability benefits yet feel unsure as to how to take the first step. If this sounds familiar, we’re here to help. We know and understand the law, and we’ll help you every step of the way. If you’re ready to get started, give us a call today. We look forward to speaking with you soon.

Sources:

• Frequently Asked Questions About the ADA: https://adata.org/frequently-asked-questions-about-americans-disabilities-act-and-ada-national-network
• Guide to Disability Rights Laws: https://www.ada.gov/resources/disability-rights-guide/