The Americans with Disabilities Act of 1990
Civil Rights Protections Under the ADA
- Title I - Employment
- Title II - Public Sector Services
- Title III - Private Sector Services
- Title IV - Telecommunications
- Title V - Miscellaneous
These five Titles listed above account for a comprehensive anti-discrimination law for individuals with disabilities.
Title I: Enforced by the Equal Employment Opportunity Commission:
- Covers everything from pre-hire to retirement, promotions, interviews, and any interaction between applicant/employee and employer.
- States than an employer cannot discriminate or refuse employment to a qualified individual based on that individual disability who with or without a reasonable accommodation could perform the essential functions of the job.
Title II: Enforced by the United States Department of Justice:
- All state, local & county agencies must be accessible to individuals with disabilities so that they are not excluded or denied benefits of program services or activities.
- All public services, when viewed in their entirety, must be accessible and useable by individuals with disabilities. These services are obligated to have program access. For examle, if the counter is too high for an individual in a wheelchair, an accommodation could be made to give that individual a clipboard, or the person working behind the counter could come around the counter to assist them.
- Must ensure that communication efforts with individuals with disabilities are as effective as with non-disabled, such as auxiliary aids, qualified interpreters, or a person to take notes.
- Requires specific requirements for public transportation and public agencies are required to have direct access to emergency services, such as police, fire, paramedics.
Title III: Enforced by the United States Department of Justice:
- Requires that all places of public accommodation be accessible to individuals with disabilities, i.e., restaurants, theaters, museums, grocery stores, libraries, etc.
- Accessibility meaning: i.e., ramps, parking spaces, wider doors, access to restrooms.
- Business cannot discriminate by excluding individuals with disabilities by treating them separately or by requiring them to participate in a separate program.
Title IV: Enforced by Federal Communications Commission:
- Requires access to communications of persons who are deaf, hard of hearing or speech impaired by providing services, i.e., TTY (teletext telephones), TDDs (Telecommunication for the Deaf and California Relay Services.
- Individuals with disabilities may not be charged for these services. However, the costs for such services may be incurred to everyone(phone bill charge).
Title V: Enforced by the United States Department of Justice:
- Contains language that states that you must always apply the law that offers the most protection when dealing with individuals with disabilities.
- Not covered under ADA: homosexuality, transvestitism, current illegal drug use, current abuse of prescription drugs, kleptomania, pyromania.
- Alcoholism – is covered, but if a person came to work drunk or drinking alcohol, disciplinary action would ensue.
Make sure your business is protected
It's important for businesses to minimize risk. One avoidable risk that is often overlooked originates within staff training. It is necessary for executives to understand that discrimination cases can involve front-line staff, customer service staff, managers, and employees equally.
Therefore, it is important, as it is with Sexual Harrassment Training, to ensure that your policy calls for Disability Employment Law training across the board. ADCS can play an instrumental role in ensuring that your employees are properly trained. Contact us today to discuss your business needs and get a free estimate!