LAW635 Americans with Disabilities Act

Title III (Public Accommodations)

Public accommodations include facilities such as restaurants, hotels, grocery stores, retail stores, etc., as well as privately owned transportation systems. Title III requires that all new construction and modifications must be accessible to individuals with disabilities. For existing facilities, barriers to services must be removed if readily achievable.

Title IV (Telecommunications)

Telecommunications companies offering telephone service to the general public must have telephone relay service to individuals who use telecommunication devices for the deaf (TTYs) or similar devices.

Americans with Disabilities Act

The ADA is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public.

Title II (Public Services)

Under Title II, public services (which include state and local government agencies, the National Railroad Passenger Corporation, and other commuter authorities) cannot deny services to people with disabilities or deny participation in programs or activities that are available to people without disabilities. In addition, public transportation systems, such as public transit buses, must be accessible to individuals with disabilities.

A reasonable accommodation

A reasonable accommodation is any modification or adjustment to a job or the work environment that will enable an applicant or employee with a disability to participate in the application process or to perform essential job functions.

Purpose of ADAAA

"The primary purpose of the ADA Amendments Act was to make it easier for people with disabilities to obtain protection under the ADA" 29 C.F.R. Part 1630, Appendix §1630.1(c)

Disability

- A physical or mental impairment that substantially limits one or more of a person's major life activities - A record of having such an impairment - Being regarded as having such an impairment

ADAAA broadens the definition of "disability" by modifying key terms by:v

- Expanding the definition of "major life activities" - Redefining who is "regarded as" having a disability - Modifying the regulatory definition of "substantially limits"

Major bodily functions

- Functions of the immune system - Normal cell growth - Bowel, bladder, neurological, circulatory, and endocrine functions - Reproductive functions

An individual has a disability if:

- He or she has a physical or mental impairment that substantially limits one or more of his/her major life activities; - He or she has a record of such an impairment; or - He or she is regarded as having such an impairment.

Record of a disability

- Where an employer assumes a person cannot do a job or otherwise discriminates against that person because he or she had a disability in the past that is now cured or asymptomatic. -OR- - Where the individual's medical records erroneously state that the person has an impairment.

Under the ADAAA, "substantial limitation" is:

- less than "severe" or "significant" - greater than "moderate"

"Regarded as" disabled

If an individual establishes that he or she has been subjected to an action prohibited by the ADA because of an actual or perceived impairment, the individual is "regarded as" having such an impairment whether or not the employer perceived the individual to be limited by the impairment in a major life activity. - These claims may not be based on impairments that are "transitory and minor" where the impairment is expected to last no longer than six months. - Employers are not required to provide a reasonable accommodation to individuals who are only "regarded as" having a disability.

ADAAA

The Americans with Disabilities Act Amendments Act emphasizes that the definition of disability should be construed in favor of broad coverage of individuals to the maximum extent permitted by the terms of the ADA and generally shall not require extensive analysis. - Enacted 9/25/2008 - Effective 1/1/2009 - Final regulations approved 3/25/2011 - Reverses Supreme Court rulings - Courts to "broadly" construe definition of disability in favor of ADA coverage - Except for eyeglasses or contacts, mitigating measures no longer considered

The purpose of ADA

The purpose of ADA is to make sure that people with disabilities have the same rights and opportunities as everyone else.

Title V (Miscellaneous Provisions)

This title includes a provision prohibiting either (a) coercing or threatening or (b) retaliating against individuals with disabilities or those attempting to aid people with disabilities in asserting their rights under the ADA.

Title I (Employment)

Title I requires covered employers to provide reasonable accommodations for applicants and employees with disabilities and prohibits discrimination on the basis of disability in all aspects of employment. Reasonable accommodation includes, for example, restructuring jobs, making work-sites and workstations accessible, modifying schedules, providing services such as interpreters, and modifying equipment and policies. Title I also regulates medical examinations and inquires.