UCP AffNet Entrance
ADA Information: General Information
What is the Americans with Disabilities Act (ADA)?
On July 26, 1990, President George H.W. Bush signed into law the Americans with Disabilities Act of 1990 (ADA)—the world's first comprehensive civil rights law for people with disabilities. The Act prohibits discrimination against people with disabilities in employment (Title I), in public services (Title II), in public accommodations (Title III) and in telecommunications (Title IV). EEOC is responsible for enforcing Title I's prohibition against discrimination against people with disabilities in employment. The ADA has been described as the Emancipation Proclamation for the disability community.
An Overview
What is the Americans with Disabilities Act of 1990?
The Americans with Disabilities Act of 1990 (ADA) is a civil rights law that protects individuals with disabilities from discrimination in the workplace, as well as school and other settings. ADA does not provide funding for services or accommodations.
Who is eligible?
There is no specific mention of learning disabilities in ADA. However, the law defines a person as disabled if he or she:
- has a physical or mental impairment which substantially limits one or more major life activities,
- has a record of such an impairment, or
- is regarded as having such an impairment.
Under the law, learning is considered a major life activity. This applies to learning disabilities that affect work activities, too. If a student is eligible for services under Individuals with Disabilities Education Act of 1997 (IDEA), he or she qualifies for protection under ADA.
ADA and school
ADA mandates that reasonable accommodations must be provided to eligible students "to perform essential functions of the job." In other words, a school is required to provide a student with disabilities with those accommodations that help him or her learn most effectively. The requirements this law sets for schools is similar to the expectations set in Section 504 of the Rehabilitation Act of 1973.
Unlike Section 504 and IDEA, ADA does not make schools responsible for the free and appropriate education of all children. However, the protections that are guaranteed by ADA apply to public and private schools equally. These protections do not extend to organizations controlled by religious groups.
ADA and the workplace
ADA prohibits discrimination against "qualified individuals with disabilities" in all employment practices, including job application procedures, hiring, firing, advancement, compensation and training. A "qualified individual with disabilities" is an employee or job applicant who meets all legitimate skill, experience, education and other requirements of a position and can perform the essential functions of the position with or without reasonable accommodation.
An employer may not ask about a learning disability, with one exception. If an employer has affirmative action requirements as part of a federal contract, a job applicant may be asked to "self-identify." However, the employer must keep all information regarding disabilities in a separate, confidential file apart from regular personnel files.
If an employee requires accommodations in order to perform a job, he or she must disclose information about the disability and the need for specific accommodations to the employer. Even after disclosure, an employer is not required to make an accommodation that would prove an "undue hardship."
The safeguards regarding discrimination against individuals with disabilities are under the same procedures applicable to race, color, sex, national origin and religious discrimination under the Civil Rights Acts of 1964 and 1991. Complaints against employers who violate the ADA should be filed with Equal Employment Opportunity Commission or the designated state human rights agencies.
Source: National Center for Learning Disabilities