Americans with Disabilities Act of 1990

Americans with Disabilities Act of 1990 is a comprehensive civil rights law that prohibits discrimination against individuals with disabilities in various aspects of public life, including employment, education, transportation, and public accommodations, as advocated by Justin Dart, Judy Heumann, and Frank Lanterman. The law was signed into effect by President George H.W. Bush on July 26, 1990, and is considered a landmark legislation in the United States, comparable to the Civil Rights Act of 1964 and the Rehabilitation Act of 1973. The National Organization on Disability and the Disability Rights Education and Defense Fund played significant roles in the law's passage, with support from Senator Tom Harkin and Representative Tony Coelho. The law has been influential in shaping disability rights policies globally, including the United Nations Convention on the Rights of Persons with Disabilities.

Introduction

The Americans with Disabilities Act of 1990 is a federal law that aims to provide equal opportunities for individuals with disabilities to participate in all aspects of society, including employment, education, and public life, as envisioned by Helen Keller and Franklin D. Roosevelt. The law defines disability as a physical or mental impairment that substantially limits one or more major life activities, such as walking, talking, or learning, and is recognized by organizations like the World Health Organization and the National Institute of Mental Health. The law also requires that reasonable accommodations be made to ensure that individuals with disabilities have equal access to goods, services, and facilities, as mandated by the Fair Housing Act and the Air Carrier Access Act. This includes providing American Sign Language interpreters, Braille materials, and wheelchair-accessible facilities, as required by the Architectural Barriers Act of 1968 and the Uniform Federal Accessibility Standards. The law has been enforced by agencies like the Equal Employment Opportunity Commission and the Department of Justice, with support from the National Council on Disability and the Disability Rights Education and Defense Fund.

Legislative History

The Americans with Disabilities Act of 1990 was introduced in the United States Congress in 1988 by Senator Tom Harkin and Representative Tony Coelho, with bipartisan support from lawmakers like Senator Robert Dole and Representative Steny Hoyer. The bill was modeled after the Rehabilitation Act of 1973 and the Civil Rights Act of 1964, and was influenced by the International Year of Disabled Persons and the World Programme of Action Concerning Disabled Persons. The law was passed by the United States House of Representatives on May 22, 1990, and by the United States Senate on July 13, 1990, with support from organizations like the National Association of the Deaf and the American Association of People with Disabilities. The law was signed into effect by President George H.W. Bush on July 26, 1990, at a ceremony attended by Justin Dart, Judy Heumann, and other disability rights advocates, including Ralph Neas and Chai Feldblum. The law has been amended several times, including the Americans with Disabilities Act Amendments Act of 2008, which was signed into law by President George W. Bush and supported by Senator Ted Kennedy and Representative Jerrold Nadler.

Title I: Employment

Title I of the Americans with Disabilities Act of 1990 prohibits employment discrimination against individuals with disabilities, as defined by the Equal Employment Opportunity Commission and the Job Accommodation Network. The law requires that employers provide reasonable accommodations to qualified individuals with disabilities, unless doing so would cause an undue hardship, as determined by the Occupational Safety and Health Administration and the National Institute for Occupational Safety and Health. This includes providing modified job duties, reassignment to a vacant position, or leave of absence, as required by the Family and Medical Leave Act of 1993 and the Uniformed Services Employment and Reemployment Rights Act. The law also prohibits employers from asking about an applicant's disability before making a job offer, as mandated by the Genetic Information Nondiscrimination Act of 2008 and the Pregnancy Discrimination Act of 1978. Employers must also provide equal access to benefits, such as health insurance and retirement plans, as required by the Employee Retirement Income Security Act of 1974 and the Consolidated Omnibus Budget Reconciliation Act of 1985. The law is enforced by the Equal Employment Opportunity Commission, which has investigated cases involving companies like Walmart and Target Corporation, with support from the National Employment Lawyers Association and the American Bar Association.

Title II: Public Entities

Title II of the Americans with Disabilities Act of 1990 prohibits discrimination against individuals with disabilities by public entities, including state and local governments, as defined by the National Conference of State Legislatures and the United States Conference of Mayors. The law requires that public entities provide equal access to programs, services, and activities, including public transportation, public education, and public employment, as mandated by the Individuals with Disabilities Education Act and the Higher Education Act of 1965. This includes providing accessible facilities, sign language interpreters, and Braille materials, as required by the Architectural Barriers Act of 1968 and the Uniform Federal Accessibility Standards. The law also requires that public entities make reasonable modifications to policies and procedures to avoid discrimination, as determined by the Department of Justice and the Department of Education. Public entities must also provide equal access to benefits, such as Medicaid and Supplemental Security Income, as required by the Social Security Act of 1935 and the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. The law is enforced by the Department of Justice, which has investigated cases involving entities like the New York City Transit Authority and the Los Angeles Unified School District, with support from the National Association of Counties and the National League of Cities.

Title III: Public Accommodations

Title III of the Americans with Disabilities Act of 1990 prohibits discrimination against individuals with disabilities by public accommodations, including private businesses that provide goods and services to the public, as defined by the National Retail Federation and the United States Chamber of Commerce. The law requires that public accommodations provide equal access to goods and services, including restaurants, hotels, and movie theaters, as mandated by the Fair Housing Act and the Air Carrier Access Act. This includes providing accessible facilities, assistive listening systems, and closed captions, as required by the Architectural Barriers Act of 1968 and the Uniform Federal Accessibility Standards. The law also requires that public accommodations make reasonable modifications to policies and procedures to avoid discrimination, as determined by the Department of Justice and the Federal Trade Commission. Public accommodations must also provide equal access to benefits, such as gift cards and loyalty programs, as required by the Electronic Fund Transfer Act and the Credit Card Accountability Responsibility and Disclosure Act of 2009. The law is enforced by the Department of Justice, which has investigated cases involving companies like Disney and McDonald's, with support from the National Restaurant Association and the International Council of Shopping Centers.

Title IV: Telecommunications

Title IV of the Americans with Disabilities Act of 1990 requires that telecommunications companies provide equal access to services for individuals with disabilities, as defined by the Federal Communications Commission and the National Telecommunications and Information Administration. The law requires that telecommunications companies provide telecommunications relay services, which allow individuals who are deaf or hard of hearing to communicate with others through a third-party interpreter, as mandated by the Communications Act of 1934 and the Telecommunications Act of 1996. The law also requires that telecommunications companies provide closed captions and video descriptions for television programming, as required by the Twenty-First Century Communications and Video Accessibility Act of 2010 and the Accessibility Act of 2019. The law is enforced by the Federal Communications Commission, which has investigated cases involving companies like AT&T and Verizon Communications, with support from the National Association of the Deaf and the American Association of People with Disabilities. The law has been influential in shaping telecommunications policies globally, including the European Union's Audiovisual Media Services Directive and the Australian Government's Disability Discrimination Act 1992.