Disability Discrimination - Two most important federal statutes The Americans with Disabilities Act of 1990 (ADA) Most comprehensive Amended in 2008 - The Americans with Disabilities Act Amendments Act of 2008 (ADAAA) The Rehabilitation Act of 1973 ADA was largely modeled after this Commentators view its history as being a part of the history of the ADA, and of disability law generally, in any discussion of the history of disability law in the US
Americans with Disabilities Act It is divided into five titles: 1. Title I - Covers employers, agencies, and organizations covered under Title VII and incorporates the same administrative exhaustion requirements and remedies. 2. Title II - Extends to all programs, activities, and services of state and local governments or agencies, regardless of whether these entities receive federal financial assistance. Also covers public transportation. 3. Title III – Prohibits discrimination by privately- run places of public accommodation and by public transportation services provided by public entities. 4. Title IV – Covers telecommunications 5. Title V – Contains miscellaneous provisions
Americans with Disabilities Act Heralded as the twentieth century Emancipation Proclamation and the Bill of Rights for individuals with disabilities. Because the ADA so broadly prohibits discrimination in employment, public services, transportation, and public accommodations Finding that has caused “trouble” “There are an estimated 43 million Americans with one or more physical or mental disabilities” Courts prior to the ADAAA amendments in 2008 interpreted the ADA narrowly by reasoning that there would have been for more than 43 million Americans with disabilities had a broader definition of disability been adopted by the courts
Section 504 of the Rehabilitation Act Was the first piece of civil rights legislation to challenge traditional ideas about disability Developed a cross-disability approach recognizing that people with disabilities suffered similar problems in employment, education, etc. Used the term “discrimination” for the first time to describe segregation of those disabled, which turned focus toward limitations imposed by society rather than the disability Broadly defined disability to include those with a current disability, with a history of a disability, or those perceived to have a disability Recognized that disability discrimination is a federal civil rights issue
Americans with Disabilities Act Broadly prohibits discrimination in employment on the basis of disability “no covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or the discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.
Employers’ Affirmative Obligation Under the ADA “Make reasonable accommodations to the known physical or mental limitations of a qualified individual”
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- Spring '18
- Scott Decker
- Discrimination, Americans with Disabilities Act of 1990