Feb 22 2010

American Disability Act

For individuals to be considered under the ADA, they must first qualify as a person with a disability or is currently having a relationship with a disabled individual. This is defined by the ADA as individuals who have a mental or physical impairment which stops them from performing major life activities, a history of having a disability or when they are generally regarded by others as having impairment. However, the ADA does not provide a complete list of disabilities or impairments.

Title I: Employment

Employers with 15 or more employees are obligated by law to extend qualified disabled persons opportunities similar to those employees without disabilities. Included in the list of employers are religious entities that have 15 staff members or more. It strictly prohibits the discrimination of disabled persons with regards to job applications, job growth, training, wages, hiring and other privileges extended to workers.

Restrictions include the types of questions regarding a person’s disability that outs them in a disadvantage before job offers are made. It also instructs employers to provide reasonable accommodation to qualified individuals, providing them an atmosphere where their mental or physical impairments would not hinder them from performing their job. This however is not absolute as employers who may suffer from “undue hardship” from such actions may be exempted.

Title II: Public Entities (and Transportation)

The Act states that all local and state governments provide equal opportunities to disabled individuals not considering their size or source of funding. Government offices are tasked with providing disabled individuals the full extent of services, programs, education, employment, health care, and social services to name a few.

Government offices are also required to implement structural standards to provide easy access to disabled individuals. This is not limited to office or building design but they are also instructed to provide individuals who have communication impairments such as deaf, mute or vision impaired an effective means of communicating.

Title III: Public Accommodations

Under this Title, disables individuals are protected against discrimination with respect to the delivery of goods and services, places of accommodation and facilities. Public accommodations include hotels or inns, parks, educational centers, transportation, restaurants, and stores which provides or sell their services.

Additional link: Lawyer Mike Murburg with law offices located at Tampa Bay, Florida