Americans with Disabilities Act 1

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  • Topic: Americans with Disabilities Act of 1990, Disability, Supreme Court of the United States
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  • Published : January 28, 2012
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Americans with Disabilities Act

The Americans with Disabilities Act
Overview of the ADA of 1990 including its intended purpose, and what governmental agency oversees ADA claims The Americans with Disability Act (ADA) of 1990 was enacted by the United States Congress, signed into law by George H.W. Bush on July 26, 1990, and amended in 2009 where some changes were introduced to the act. ADA is a civil rights’ law that was intended to check against discrimination that can be encountered by disabled persons in the course of accessing certain services or taking part in day-to-day activities. It safeguards disabled persons against any form of bias or prejudice with respect to their condition. Whatever falls under category of disability is normally made on case-to-case basis. However, current substance abuse and visual impairment that can be remedied by lenses are not considered as disabilities by the ADA of 1990. The law was initially intended to guarantee civil right protection for people who were permanently disabled and their disabilities could not be reversed or weakened. The law was enacted enable disable persons access services enjoyed by persons who are not disabled thereby opening their horizons to all types of careers. The drafters wanted the law to be flexible to guard against eminent weakening by future case laws. To enable disabled persons enjoy equal rights with everyone else, President G.W. Bush signed ADA Amendments Act (ADAAA) into law on September 2008 (Matt, 1).

Title I of the ADA 1990 deals with employment. It empowers people with disability with requisite qualifications to seek for employment in covered entities. People with disabilities can be hired, discharged, compensated, and trained just like any other worker without being discriminated. Agencies that are covered by the law include an employment agencies, labor organizations, and labor management committees. As per Title I, discrimination entails restricting job application in a manner contrary to convention, preventing qualified persons people from applying or taking up job opportunities, or making irrational and illegal job requirements to limit persons with disabilities. If entrance medical examinations have to be done, everybody else should be subjected to the process and the medical records must be treated with a lot of confidentiality. This title does not offer protection to individuals currently engaged in illegal use of drugs (Matt, 1).

Title II of the Act deals with Public entities. This title prohibits any form of discrimination that can be met on the people with disability by public entities at local and state levels. Access here implies both physical and pragmatic access. It is supposed to check against discriminatory policies instituted by such public entities. It applies to public transportation that public entities offer (Matt, 1).

Title III captures public accommodation and commercial facilities. The title criminalizes discrimination based on disability with special focus on full and equal enjoyment of the goods, services, facilities, or accommodations of any public accommodation by the proprietors, leasers, or operators. Public accommodation here means recreational facilities, lodgings, transportation, educational, and places of public displays. Under this title, all new constructions have to comply with Americans with Disabilities Act Accessibility Guidelines anchored in the Code of Federal Regulations. This title also applies to existing facilities. Exemptions to the regulation provided in the title include private clubs and religious organizations. However, historical properties and other public and private buildings must comply with the provisions of this title and failure may lead to legal proceedings. However, if following usual standards threaten to destroy historical significance of the feature of the building, they are under obligation to use other standards (Matt, 2). Title IV of the ADA deals with...
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