Individuals with disabilities protected under the law include those who experience significant impairment in day-to-day life or are regarded as having a disability. Some disabilities that the ADA recognizes include people who are deaf, blind, have limited or no mobility, or live with a learning disability.
Read on to learn more about the ADA, how it works in particular contexts, and what to do if your disability rights have been violated.
What Is the ADA?
The ADA is an expansive addition to American civil rights laws, specifically for people with disabilities to have the same opportunities as other citizens. It prohibits disability discrimination in:
All employmentState and local governmentTransportationTelecommunicationsCommercial spaces
The ADA even includes standards for accessible design so that new structures are constructed, and older ones are modified to enhance accessibility.
Date of Enactment
The ADA was signed into law on July 26, 1990, by then-president George H.W. Bush.
Though some previous legislation did include or was amended to include protections for people with disabilities, none were very expansive. This includes the Rehabilitation Act of 1973, which only prohibited disability discrimination in places that received federal funding.
Prior to its enactment, the National Council on Disability was formed to establish recommendations to the President and Congress. Between 1986 and 1988, the Council and the HIV/AIDS Commission drafted reports with legislative recommendations, including protecting those with HIV/AIDS as people with disabilities.
Jointly, these recommendations were the basis for the initial draft of the ADA to Congress in 1988. Through further drafts, hearings, consultation with government agencies, grassroots organizing, and advocacy efforts, the bill was finally signed into law.
Eligibility and Definition of Disability
Any person who meets the definition of disability is protected under the ADA. However, people who are currently using drugs illegally are not covered.
According to the legislation, a person who has a disability is identified as:
Having a physical or mental impairment that significantly impacts or limits their ability to engage in major life functions (not all are specifically outlined, but include bodily functions and many daily activities, such as walking and communicating)Having a record of having a physical or mental impairmentBeing perceived by others to have a physical or mental impairment
The law itself does not outline all disabilities that are covered.
Your Employer and ADA Laws
Title I in the ADA makes it unlawful for employers to discriminate on the basis of disability, including people living with disabilities or those associated with people who have a disability (such as a family member). It applies to private, non-profit, and governmental employers with at least 15 employees.
As a qualified candidate for employment, you must be able to perform the essential functions of the job with or without reasonable accommodations. Some examples of a reasonable accommodation include:
Ensuring work facilities are accessible for people with disabilitiesRestructuring existing jobsReassignment to other positions that are vacantFlexible work schedule changesMaking changes to or getting equipment, devices, policies, materials, examinations, or hiring professionals who can provide assistance (such as interpreters)
Employers are required to provide these things if they don’t create an “undue hardship” (meaning that it would not be feasible, financially or otherwise). An employer does not have to provide reasonable accommodations unless it’s requested.
Further, it’s unlawful to retaliate against employees who:
Oppose discriminatory policies or practicesFile a disability discrimination chargeAre involved in an investigation of a charge
Government Involvement at Local and State Levels
The ADA ensures equal opportunity in accessing and benefiting from public property and services provided to people with disabilities. These services, programs, and property include:
Public transportationPublic educationHealth careSocial servicesCourtsVoting locations
State and local governments are required to have policies, procedures, and practices that don’t discriminate against people with disabilities. The exception is if any modifications to them would fundamentally change programs or services.
The ADA also requires local and state governments to follow accessibility standards for construction of new structures and modifications to existing ones (again, unless doing so would create a substantial burden).
If Your Disability Rights Are Violated
You may file a complaint if you or someone you know has been discriminated against in relation to having a disability. A complaint can be filed against:
Offices or programs within the state or local government, such as public schools or hospitalsA private business, such as a healthcare provider’s office or a hotel
What Qualifies As Discrimination?
Discrimination based on disability occurs when entities that are covered under the ADA (including employers, state and local government, or non-profit organizations) do not afford people with disabilities with equitable opportunities to access programs, services, and employment.
Some examples can include (but aren’t limited to):
Treating a job applicant differently because they have a disability or are a parent of a child with a disabilityAn employer not providing a reasonable accommodation that doesn’t cause an “undue hardship"Denying a promotion to a qualified employee because of their disabilityPublic transportation that doesn’t include accessible ride optionsPublic buildings or programs that are not accessible for people with disabilities that exist to serve everyone in a communityEmployers or customers who make jokes about or gestures toward a person with disabilities
Filing a Complaint
Filing a complaint promptly—as there are time limits in some cases—with the appropriate governmental agency or entity is key. Based on the context or setting of the disability discrimination concern, you may contact:
Department of Transportation for complaints regarding travelDepartment of Housing and Urban Development (HUD) for housing complaintsEqual Opportunity Employment Commission (EEOC) for complaints in an employment settingDepartment of Justice, Civil Rights Division for all other complaints
Each entity has their own filing process. Most offer several ways to file them including online, by phone, and through the mail.
After a complaint is filed, you should expect follow-up from the Civil Rights Division or a specific federal agency that handles the type of complaint you filed. Possible next steps may include mediation or an investigation, which may result in a lawsuit or settlement.
Resources
To learn more about disability rights, file a complaint, or seek consultation, you may find these resources helpful:
ADA. gov is a government website outlining information about the law and your rights, including how to file a complaint. National Disability Rights Network provides legally-based advocacy for people who have disabilities and may be seeking consultation. ADA National Network provides consultation and technical assistance to inform how the law is implemented by employers, governments, disability organizations, and businesses.
Other Ways to Ensure Accessibility Rights
Understanding the law and how to implement it is a proactive way to ensure equal opportunity for people with disabilities.
Seeking out assistance and training can help you better understand how the law sets out regulations to guide planning and implementation of programs, projects, and services. For example, the EEOC provides technical assistance to assist employers with compliance and help people with disabilities better understand their rights.
Summary
The ADA, enacted in 1990, ensures that people with disabilities are afforded the same opportunities in many facets of American life. The law prohibits discrimination in employment, transportation, telecommunications, commercial spaces, and state and local government. It also includes accessibility design standards for new buildings and modifications to existing structures.
Those who experience discrimination based on disability can file a complaint to take action and seek a remedy. With which federal agency you file the complaint will depend on the nature of the issue. There are a number of resources available to learn more about the law, how to implement it, and disability rights.
A Word From Verywell
Americans with disabilities have a right to the same opportunities as their fellow citizens. Regardless of your disability status, we all have a responsibility to advocate for the equal rights of people living with disabilities in all facets of daily life. Knowing more about the law and disability rights can help you effectively advocate for accessible spaces and policies in your community and your place of employment.
