ADA Americans with Disabilities Act

ADA OVERVIEW For an overview of the ADA, just click here to get to the homepage:

FULL TEXT OF THE ADA AMERICANS WITH DISABILITIES ACT of 1990 To view the full text, go to:

QUESTIONS AND ANSWERS For a review of frequently asked questions and answers, just click here: ADA ADA Following this overview is a powerpoint presentation developed by Margaret Jacobson for training purposes.

The Americans with Disabilities Act (ADA) Margaret Jakobson, Managing Attorney San Diego Regional Office Protection & Advocacy, Inc. (PAI)

What is the ADA? Civil rights law for people with disabilities Federal statute - 42 USC § and following Regulations Guidelines (ADAAG) Technical assistance manuals Judicial decisions

What Does the ADA Cover? Employment State & Local Government Services Public Accommodations Relay Services

What is NOT Covered by the ADA Airlines Housing Special Education

What is Required for the ADA to Apply to a Situation? The individual must be a person with a disability The individual’s disability must be known The individual must be qualified in some situations The program/business/entity involved must be one covered by the ADA There must be discrimination that is prohibited by the ADA There is no permitted excuse for the discrimination

Disabled Under the ADA Physical or mental impairment that substantially limits one or more major life activities, or Record of such an impairment, or Regarded as having such an impairment

Knowledge of Disability & Qualified In order to be covered by the ADA, your disability must be known Under Title I and II, you must be a qualified person with a disability

Covered Entity State or local government under Title II Private entities that operate public accommodations (private businesses) under Title III Private employer with 15 or more employees under Title I

Discrimination in Employment Denial in hiring/promotion or other employment privileges Fired because of a disability Denial of reasonable accommodation

Discrimination by State & Local Services Refuse services Segregated services Eligibility criteria that screens out PWDs Refuse to make reasonable modifications Refuse to furnish auxiliary aids Cannot charge more Program access Architectural access denied (new and altered buildings) Inadequate transition plan and/or self evaluation plan

Discrimination by Public Accommodations Refuse services Segregated services Eligibility criteria that screens out PWDs Refuse to make reasonable modifications Refuse to provide auxiliary aids Architectural access denied (new, altered and existing buildings)

Defenses to Discrimination Undue financial burden Undue administrative burden (Title II only) Fundamental alteration in nature of service Direct threat to health and safety

Remedies Informal - Letter/Telephone Call/Meeting Mediation Administrative complaint Court lawsuit

ADA Resources US Department of Justice Federal Transit Administration Equal Employment Opportunity Commission US Architecture & Transportation Barriers Compliance Board PAI Disability & Business Technical Assistance Centers