Americans with Disabilities Act

Explanation and Analysis of the Document

The ADA consists of five titles, or major sections, three of which are reproduced here. The act begins with a statement of findings and purposes, noting the large number of Americans with disabilities and calling attention to “the continuing existence of unfair and unnecessary discrimination and prejudice” that denies them “the opportunity to compete on an equal basis and to pursue those opportunities for which our free society is justifiably famous.”

Title I of the ADA deals with the issue of employment. It prohibits discrimination against persons with disabilities in screening, hiring, promotion, compensation, training, and other areas of employment. A key phrase from this portion of the act is “reasonable accommodation.” That is, an employer covered by the act is required to make reasonable accommodations that will enable a person with a disability to do a job. Providing wheelchair access to buildings and their rest rooms is an obvious example. In general, Title I prohibits a covered employer from engaging in any practice that would have the effect of screening out or putting at a disadvantage any employee with a disability.

Title II deals with the provision of public services by a “public entity”—that is, any state or local government and any of their departments and agencies. The essence of this title is that no person with a disability can be “excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity.”

Under the rubric of “public accommodations and services,” Title III provides an extensive list of facilities that would be considered public entities—everything from bowling alleys and zoos to schools and grocery stores. Thus, under Title III, people with disabilities are guaranteed full and equal access to services, goods, facilities, and accommodations (such as in hotels). Newly constructed buildings have to conform to accessibility guidelines attached to the ADA, and even the owners of existing facilities, depending on their financial wherewithal, are required to remove existing barriers to the disabled if doing so is “readily achievable” without inordinate expense. Exempted from the act are private clubs and religious organizations. Also, historical properties are not required to comply with Title III if doing so would ruin the historical significance of the structure.