When Did the Americans with Disabilities Act Become Law?

If you struggle with a disability, you may face many challenges in your everyday life. Depending upon the severity of your disability, you may be unable to work and enjoy many daily activities as you otherwise would. This can feel frustrating and overwhelming to say the least. If you are in this situation, you should know you aren’t alone. There is help available. There are attorneys who can help you pursue a claim for disability benefits, and there are laws that exist to protect you. One of the most important of those laws is the Americans with Disabilities Act, or ADA for short. Let’s take a closer look at that law, when it was enacted, and why it’s important.

What is the Americans with Disabilities Act?

The ADA was enacted on July 26, 1990. It was created with the intention of protecting disabled individuals from acts of discrimination based on their disabilities. The ADA seeks to ensure that those with disabilities have the same opportunities and rights as others when they engage in daily activities, including in the workplace, using government services, and purchasing items and services from businesses open to all.

Essentially, the ADA is divided into five “titles.” Each of these titles sets forth the requirements under the law for different types of organizations. These titles include:

• Title One – Employment: The ADA includes specific requirements for employers to ensure that those with disabilities are given an equal opportunity to benefit from the same employment opportunities available to non-disabled individuals. This may include making reasonable accommodations of different varieties, depending on the circumstances involved.
• Title Two – State and Local Government Services: There are a wide variety of services covered under this category, including healthcare, voting, social services, public education, court services, and more. Generally, all government services that fall under this category must provide equal access to their services for those with disabilities.
• Title Three – Public Transit: This title requires all forms of public transit to ensure that those with disabilities have equal access to utilize that transportation as desired.
• Title Four – Businesses Open to the Public: Examples of businesses open to the public that the ADA may cover include restaurants, hotels, medical offices, retail stores, movie theatres, gyms, and more. As a general rule, all of these entities must provide those with disabilities an equal opportunity to access the services they offer.
• Title Five – Telecommunications: Essentially, Title Five of the ADA requires telephone and communications companies to provide services enabling callers with hearing and speech disabilities to communicate.

Under the ADA, those considered “disabled” receive protections under each of these titles. Let’s examine how the ADA defines and determines who is “disabled”.

Who is Considered “Disabled” Under the ADA?

According to the ADA, a disabled individual is a person who:

• Has an impairment (either mental or physical) that substantially limits at least one major life activity. There is some discretion in what is considered a “substantial” limitation, although the limitation must be significant – a mild allergy to dust, for example, would not be considered “substantial” for these purposes.
• Has a history of such an impairment, even if that impairment later resolved (one example would be cancer that is now in remission).
• Is an individual perceived by others as having an impairment (for example, a person who has substantial scars from a severe burn).

The ADA automatically protects those who fall into these categories. It is not necessary to apply for any coverage, as the ADA is not a benefit program, but rather a program that protects rights and seeks to prevent discrimination.

How is the ADA Enforced?

As we have discussed, the ADA is divided into various titles, and various corresponding entities enforce violations of those titles. Some of these entities include the Civil Rights Division of the United States Department of Justice, the Equal Opportunity Employment Commission, the Federal Transit Administration, and others. Certainly, if you believe you are protected under the ADA and that your rights have been violated, it is essential to contact a disability attorney who knows and understands the law and can advise you as to your particular circumstances.

Call American Disability Action Group Today

If you are disabled and unable to work as a result, you may be eager to begin the process of pursuing a claim for disability benefits. At the same time, you may feel overwhelmed and unsure how to take the first step. That’s understandable. It’s also why we’re here to help. At American Disability Action Group, we know and understand the struggles that disabled individuals face, and we’re passionate about helping you pursue the benefits you need. We know and understand every aspect of the law pertaining to the disability claims process, and we’ll work with you each step of the way. If you’re ready to get started, give us a call today. We look forward to speaking with you soon.

Sources:

• Introduction to and Overview of the ADA: https://www.ada.gov/topics/intro-to-ada/
• Timeline of the ADA: https://adata.org/
• Who is Considered Disabled and Examples of Disabilities: https://www.ada.gov/topics/intro-to-ada/
• Enforcing the ADA: https://adata.org/factsheet/enforcing-the-ADA