by Sue A. Sponte

Created on: March 05, 2009

In 1990, Congress passed the Americans with Disabilities Act to respond to what it believed was a significant and growing population of Americans with disabilities who were subject to discrimination, prejudice, and a lack of "equality of opportunity, full participation, independent living, and economic self-sufficiency." The ADA was amended in 2008 to increase certain areas of protection that Congress believed had been limited since the original Act's passage. Broadly, the Act provides for protection from discrimination in:

- Employment (Title I)

- Public Services (Title II)

- Public Accommodations (Title III)

- Radio and Wire Communications

Title I: Employment Discrimination

Who? Employers may not discrimination against people with disabilities. The Act applies to any employer with fifteen or more employees (although your state or local government might apply a similar law to smaller companies.) The Act protects employees and prospective employees who are disabled, have a record of a disability, or are "regarded as" disabled. You might remember these three categories with the "Three P's": Present, Past, and Perceived disabled employees are protected.

What? Employers may not discriminate in job application procedures; the hiring, advancement, or discharge of employees; employee compensation; job training; and other terms, conditions, and privileges of employment. If it involves the relationship between the employee and the employer, disability discrimination is not allowed.

"Qualified Individual With A Disability." The Act protects "qualified individuals with a disability." This means people with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position in question. A "disability" is defined as an impairment that "substantially limits a major life activity" such as caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.

"Reasonable Accommodations." The Act requires employers to give disabled employees and applicants "reasonable accommodations" to allow them to perform the essential functions of their job despite their impairments. Of course, exactly what is "reasonable" is the source of many a lawsuit. The employer need not give employees every accommodation they ask for, and need not give employees the specific accommodation they desire. The requirement

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