Many of us have heard the term “ADA” referenced, but what does that even mean? What protections does it afford any of us who are (or become) disabled? Let’s dive into this subject!
“ADA” is the commonly used acronym for the Americans with Disabilities Act. This, in turn, is a shortened form of its actual name: An Act to extavlish a clear and comprehensive prohibition of discrimination on the basis of disavillitiy. It was nacted by the 101st U.S. Congress in 1990, and since then, was amended once, in 2008.
The longform name of the ADA gives away what it’s purpose is – it’s made to prohibit employers from discriminating against people with disabilities. In this context, disabilities include mental and physical medical conditions. It’s important for us to note that the condition does not need to be severe nor permanent to count as a disability.
There are five aspects of the ADA. These aspects are called Titles, and exist as Titles I-V. Let’s go through each one of them so we know what they cover.
Title I – Employment
When people think of the ADA, this is what most of us think about. Title I of the ADA states that any covered entity cannot discriminate against a qualified individual with a disability. What is a “covered entity”, you may be asking? A covered entity refers to any employer with fifteen or more employees, as well as employment agencies and labor-management committees. Covered entities aren’t permitted to discriminate against any potential or current employee, including in job applications, hiring, promotions, and more. Additionally, the ADA places limitations on what disability-related questions an employer may ask, and when they may ask them.
The ADA also is required to provide reasonable accommodations to any employee or applicant with a disability. A reasonable accommodation is defined as a change in the way things are done that a person needs due to a disability, unless it involves undue hardship (excessive difficulty or expense).
Title II – Public Entities
This Title prevents disability discirimantions by all public entiteis at the local level (school district, municipal, city, county, or state). Public entities are required to comply with the regulations set forth by the US Department of Justice, and provide access to all programs and services that they offer. In this case, “access” refers to both physical access (the physical availability of people with disabilities to access the area) and programmatic access (requiring accessible procedures of entry and banning discriminatory policies).
It is important to recognize that Title II also applies to any state and local public housing, housing assistance, and housing referrals.
Title III – Public Accommodations
Almost everything that wasn’t covered in the first two titles falls under this one. Title III states that no one may be discriminated against on basis of disability with regards to public goods, services, facilities, or accommodations. This includes almost all public areas, including inns/hotels, recreation, dining, stores, and more. All new construction, modifications, or alterations after 1992 must be fully compliant with ADA Accessibility Guidelines. And for buildings made before 1992, they must remove all architectural boundaries, as long as doing so is “readily achievable” (easily accomplished without much difficulty or expense).
There are a few exceptions to Title III – for example, many private clubs and religious organizations. Historic properties must follow the ADA guidelines as much as possible, but if the usual standards would threaten the historic significance of the building, then the ADA will make accommodations (ha!) and allow a different set of standards.
Service animals are also explicitly covered under Title III. A person with a service animal can’t be removed from the premises unless either the animal is out of control or it is deemed a threat to others’ health and safety. It is important to note that allergies and fear of animals are not considered a valid threat. The person with the service dog must be allowed to access all areas of the facility (that a normal patron could) and cannot be treated unfairly.
Title IV – Telecommunications
This Title is simple – telecommunications (i.e. phone calls) are required to have functionally equivalent services for people with disabilities. While this has been achieved in a variety of ways, it currently most commonly manifests as use of Video Relay Services (VRS) calls, or text calls.
Title V – Misc.
Ah yes, the fruit salad of the ADA. There’s a bunch of random aspects included in Title V and we have neither the time nor patience to cover all of them in this one blog post. The big topic to cover in this section is that Title V provides freedom for retaliation or coercion against those who exercise ADA rights.
“So, why should I care?”
There are many reasons why it is important for all of us to know our ADA rights. You might have a disabled family member, friend, or coworker who needs to know how to stand up for themselves. You might notice a disabled acquaintance or stranger being harassed, and then have the information and tools to step in and make a difference.
But most importantly – you are not immune to becoming disabled yourself. Accidents happen, new conditions can occur or old ones can worsen. If it’s not you, it could be your family, your friends, or other people in your life. And in that case, it’d be critical for you to understand how to best advocate for yourself or for them, to ensure your continued safety and freedom.
John Da Broi
I think people with disabilities matter they truly should never be casted out of anything just because they were never born with something or something had happened to them in their life for this to occur. In my life for wrestling, I had able to wrestle a blind wrestler which was nothing different I just could not stray away from him on the mat because he could lose where I was. But he could wrestle just as good has anyone I have wrestled before which to me is a amount of respect I gave him for doing what he loves no matter what.
Neveah Reese
The point you made at the end is so valid. Many people, if not most, don’t even think about their abilities. Certainly, they don’t consider how their abilities could be altered at any time in their life. I agree that for this reason knowing the details of ADA and other items in regard to disability rights is so important. In addition, I think knowing this knowledge is helpful in social work not only for advocation or resources, but it can give a social worker an idea of some of the accommodations that those with disabilities use to navigate. For instance, programs the blind and deaf use to send texts or make calls.
Christine Ryan
19% of the population lives with a disability. That is a pretty big number and the chances of you knowing someone living with a disability are very high. Great job breaking it down for us in your blog. I believe understanding the Americans with Disabilities Act is very important for social workers because it helps us support individuals with disabilities. Making sure everyone has equal rights and access to opportunities, is super important for creating an inclusive environment. Everyone deserves a fair chance, and we need to be more humble and show empathy.
David Shelton
This blog helped me understand the Americans with Disabilities Act (ADA) better. It prohibits discrimination against people with disabilities and ensures they have equal rights. The ADA is crucial for protecting the rights of individuals with disabilities and providing them with equal opportunities in various aspects of life.
Although the ADA aims to address the needs of individuals with disabilities, its implementation may still be challenging. The ADA exists because of past injustices; there is always room for improvement to ensure total inclusivity and accessibility.
Employers must provide reasonable accommodations under Title I of the ADA, but not all businesses are willing or able to do so. The government should support small businesses by providing funding and resources to ensure that accommodations are feasible. This would help individuals with disabilities have equal employment opportunities, creating a level playing field for everyone. Great blog.
Elizabeth Jackson
This is such an important topic that I think should be discussed more. I really liked the diagram you used in this blog because it helped me visualize not only the scope of what falls under the term “disability”, but also the prevalence in the US. I think the ADA should be more enforced than it is in the workforce. For example, In 2021, when COVID-19 was still spreading in the US, a facility management company in Georgia settled an EEOC lawsuit for $47,500, because they violated the ADA by refusing a disabled employee’s request to work from home due to COVID-19 risks. The employee, with health conditions, was denied accommodation despite providing medical documentation. The company fired her later, citing performance issues. As part of the settlement, the company agreed to pay the settlement amount and allow EEOC to monitor future accommodation requests for two years.
I think companies should prioritize providing accommodations for employees with disabilities, especially during health crises like COVID-19.
Elizabeth Jackson
https://www.hrdive.com/news/eeoc-company-settles-ada-suit-over-refusing-remote-work/639468/
Trinity Podbicanin
I really liked that you included the five aspects of the ADA. They were not mentioned in the textbook, so I appreciate you including those but also giving a good description of each aspect. It really helped me gain a better understanding of what they are and what falls into each aspect. While the ADA has made it to where there are great advancements for those with disabilities, there are still situations where people with disabilities are not accounted for. With the example from the textbook, “universities failing in snow removal so that those who require mobility assistance such as wheelchairs are not able to traverse the campus,” and many more are mentioned. They need to be considered more often. I think it is great that the ADA has made such an impact, but there is still more that needs to be done.
Josh Fine
The ADA is an absolute necessity and you covered it very well! Personally, knowing the rights guaranteed by the ADA is extremely important. I work with many individuals that are disabled and therefore have special needs when looking for housing, work, and otherwise. We are lucky to have a few helpful agencies in Fairbanks, in this regard. The Division of Vocational Rehabilitation assists individuals in finding work, while ensuring that their ADA rights are respected. Access Alaska also does some excellent work to help individuals with a disabling condition to make their home life comfortable, as well as ADA compliant. I was surprised to find out how much of the section 8 in Fairbanks barely meets the bare minimums for ADA compliance.
Sammy Rivera Munoz
Thank you for your blog Kori, it helped me understand what the ADA stands for and why it is important. I don’t think many of us realize how many people in the United States have disabilities, 57 million people is not a small number. Your ending paragraph is critical, not only might we want to or have to stand up for someone with a disability, but we are also not immune to becoming disabled ourselves. It is imperative that we understand how to advocate for ourselves or someone we know.
Maren Chaffee
Great Blog! The Americans with Disabilities Act (ADA) ensures that individuals with disabilities have the same rights and opportunities. However, it’s disheartening to see that many people lack an understanding of the ADA and may even resist learning about it. Yet, through education and greater effort in understanding and embracing our differences, we can effectively champion the protection of those who need it most. By recognizing the importance and relevance of the ADA, we can work towards creating a more inclusive society where everyone’s rights are respected and upheld, irrespective of any disabilities they may have.