Americans with Disabilities Act

The Americans with Disabilities Act (ADA) is a landmark piece of civil rights legislation in the United States that was signed into law on 26 July 1990. Its core purpose is to prohibit discrimination against individuals with disabilities and to ensure they have the same rights and opportunities as everyone else. The Act covers various areas of public life, including employment, education, transportation, and access to public and private spaces open to the general public.

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The ADA is structured around five key sections or “Titles”:

Title I – Employment: This section prohibits employers with 15 or more employees from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other aspects of employment. Employers must provide “reasonable accommodations” to enable employees to perform their job unless doing so would impose an undue hardship on the business.

Title II – Public Services: This applies to state and local governments and ensures that individuals with disabilities have equal access to all public services and programmes, including education, public transport, and recreational services. Public transport systems, such as buses and trains, must be accessible to those with mobility, hearing, or visual impairments.

Title III – Public Accommodations: This section focuses on businesses and non-governmental services that are open to the public, such as hotels, restaurants, shops, theatres, and doctors’ offices. These must not discriminate and are required to remove barriers where it is readily achievable. New buildings must be designed to be accessible.

Title IV – Telecommunications: This ensures that individuals with hearing or speech impairments have access to telephone and other telecommunications services. For example, telephone companies must provide relay services so that people with hearing disabilities can communicate effectively.

Title V – Miscellaneous Provisions: This final section contains various provisions, including those relating to enforcement, the relationship of the ADA to other laws, and protections against retaliation for asserting one’s rights under the Act.

The ADA reflects a broader commitment to inclusion, equality, and dignity. It was shaped by years of advocacy from the disability rights movement and has become a global reference point for accessibility and anti-discrimination legislation. The Act not only protects those with visible disabilities, but also covers conditions such as mental health disorders, chronic illnesses, and learning disabilities.

The Americans with Disabilities Act (ADA) has been the subject of numerous court cases since its enactment in 1990, significantly shaping its interpretation and enforcement. Many of the most prominent cases have reached the U.S. Supreme Court, clarifying key definitions and duties under the Act. 

Case Law for the ADA

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