On July 26, 1990 President George H. Bush signed into law the Americans with Disabilities Act (ADA). In the past 15 years the built environment has become more accessible to individuals with disabilities allowing individuals to enjoy access to state and local government programs, goods and services offered by places of public accommodations, telecommunications, transportation and an equal opportunity to employment. It has aided in ending stereotypes and misconceptions about individuals with disabilities. The purpose of the law is to end the segregation of persons with disabilities and assist in their integration into American society.

The ADA gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, State and local government services, and telecommunications. The ADA is comprised of five Titles.

Title I requires employers with 15 or more employees to provide equal employment opportunities for individuals with disabilities. Employers may hire, fire, and promote the most qualified individual, regardless of his/her disability. Title I covers all aspects of the hiring process, including posting of available positions, interviewing, job offers, and hiring. It requires all employers to make necessary reasonable accommodations for known disabilities of a qualified applicant or employee, unless the accommodation would impose an undue hardship on the employer. Examples of reasonable accommodations include modification of work schedules, altering a workspace, restructuring job duties, and reassignment.

Title II regulations prohibit state and local government agencies, departments, special purpose districts, and other instrumentalities from discriminating against people with disabilities in their programs, services, and activities. Public entities must make reasonable modifications to their policies, practices, and procedures to allow equal opportunity for individuals with disabilities to participate, unless to do so would fundamentally alter the nature of the service, program, or activity. They must also provide auxiliary aids and services, integrated program access through nonstructural and architectural modifications, and meet Title I employment provisions with all employees and contractors. Public entities do not need to remove all physical barriers in existing buildings as long as programs provided in those buildings are readily accessible to users with disabilities in another facility. All new construction must be accessible.

Title II also guarantees that individuals with disabilities have equal access to existing public transportation services. All newly purchased buses and other vehicles must be accessible. In cases of inaccessible fixed route systems, public entities must provide paratransit services comparable to the level of service provided by the fixed route system.

Privately owned businesses have obligations under Title III of the ADA. All places of public accommodation, including both for-profit and nonprofit establishments that affect commerce must follow Title III guidelines. These businesses include sales and service establishments, restaurants, theaters, hotels, libraries, and doctors’ offices. Title III also applies to all commercial facilities including office buildings, factories, and warehouses.

Public accommodations must provide goods and services to individuals with disabilities in the most integrated setting possible. The law also requires businesses to eliminate eligibility requirements that exclude or segregate individuals with disabilities unless the requirements are necessary for the operation of the accommodation. These entities must make reasonable modifications to their policies, practices, and procedures that deny access unless the modification would fundamentally alter the nature of the goods or services provided. When necessary, public accommodations are required to provide auxiliary aids, such as Braille material, to ensure effective communication unless it would cause an undue burden for the public accommodation. Public accommodations must also remove all architectural and structural communication barriers in existing facilities where readily achievable. Transportation provided by private entities must also be accessible.

When constructing new building facilities or altering existing facilities, public accommodations must follow the ADA Standards for Accessible Design, known as the Americans with Disabilities Act Accessibility Guidelines (ADAAG). These standards include general design requirements for building and site elements such as parking, accessible routes, ramps, and elevators.

Title IV requires that telephone companies provide telecommunication relay services that allow individuals with hearing or speech impairments to communicate using a TTY or other non-voice device. Relay services may be accessed by dialing 7-1-1.

Title IV also requires that all television public service announcements produced or funded in whole or in part by the Federal government include closed captioning.

Title V includes information regarding the ADA's relationship with other federal and state laws, including the Rehabilitation Act of 1973, requirements relating to the provision of insurance, construction and design regulations by the U.S. Access Board, prohibition of state immunity, inclusion of Congress as a covered entity under the law, promotion of alternative means of dispute resolution, and establishment of technical assistance.

For additional information on the Americans with Disabilities Act you can contact the Great Lakes ADA and Accessible IT Center at 800-949-4232 (V/TTY) or via our online contact form.