Americans with Disabilities Act (ADA)
Find information on the Americans with Disabilities Act as well as the ADA Amendments Act. This page includes resources and contacts that can help when looking for assistance with the Americans with Disabilities Act. This section is not intended to be used for legal advice.
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Americans with Disabilities Act
The Americans with Disabilities Act was signed into law by George H.W. Bush on July 26, 1990. This landmark legislation guarantees protections for people with disabilities by prohibiting discrimination and requiring access to employment, state and local governments, places of public accommodation, and telecommunications. The Americans with Disabilities Act is divided into five different sections (called Titles) to specifically address these areas.
Title I (Employment)
- Covers all employers with 15 or more employees. The total count of employees considers all employees even in multiple locations.
- Prohibits discrimination against people with disabilities through all employment phases from application to termination.
- Prohibits using qualification standards, employment tests, or other selection criteria that screen out individuals with disabilities, unless it is shown to be job-related to the position in question.
- Requires reasonable accommodations to be provided by the employer when requested to address disability related barriers to employment.
- Requires employers to engage in an interactive process with employees with disabilities on accommodations once disability related barriers are identified.
- Allows a requested accommodation to be ruled out if it would be an undue hardship (significant difficulty or expense). Under this scenario, the disability related barriers must still be addressed with alternative accommodations.
- Confers investigation and enforcement authority to the Equal Employment and Opportunity Commission. A Right to Sue letter must be received from the EEOC before any individual may exercise their right to private action.
Title II (State and Local Governments)
- Protects individuals with disabilities from discrimination on the basis of disability while using services, programs, and activities provided by state and local governments.
- Covers all provided and contracted activities including those by autonomous departments such as fire, police, sanitation, and public transportation.
- Dictates state and local governments to give primary consideration to the accommodation requested from the person with a disability.
- Allows primary consideration to be ruled out if they can prove that providing the accommodation would be an undue burden (significant difficulty or expense) or a fundamental alteration of services, programs, or activities.
- Mandates state and local governments to monitor contracted services to ensure the same level of accessibility is provided.
- Requires state and local governments to have at least one Title I ADA Coordinator regardless of employment count. This role addresses employment accessibility concerns and may be in addition to other roles assigned.
- Requires state and local governments with 50 or more employees to have at least one Title II ADA Coordinator. This role addresses program accessiblity concerns and may be in addition to other roles assigned.
- Requires state and local governments to post a public notice that describes the accommodation request process and the grievance process. Many post this online, but if placed in a public space, it must be easily visible to all.
- Confers most investigation and enforcement authority to the U.S. Department of Justice. Public transportation and pedestrian safety concerns are addressed by the U.S. Department of Transportation. Individuals may also exercise their right to private action.
Title III (Places of Public Accommodation)
- Prohibits discrimination on the basis of disability in activities that take place in places of public accommodation.
- Covers businesses that are generally open to the public, including restaurants, movie theaters, schools, day care facilities, and doctor's offices.
- Exempts private member and religious organizations from Title III requirements.
- Requires reasonable accommodations to be determined and provided by the entity to address disability related barriers to access public spaces and services.
- Requires newly constructed or altered places of public accommodation as well as commercial facilities to comply with ADA Standards or similar standards. For more information, see Building and Physical Accessibility
- Confers most investigation and enforcement authority to the U.S. Department of Justice. Concerns about transportation maintained by private businesses are addressed by the U.S. Department of Transportation. Individuals may also exercise their right to private action.
Title IV (Telecommunications)
- Requires telephone and television systems to be accessible for individuals with hearing and speech disabilities.
- Provides for telephone relay services, including text-to-voice, speech-to-speech, and video relay services, to be maintained by private contractors.
- Requires direct access to 911 using all telephone devices.
- Requires closed captioning to be present on federally funded public service announcements.
- Confers investigation and enforcement authority to the Federal Communications Commission.
Title V (Miscellaneous)
- Prohibits retaliation and coercion against people who assert their rights under the ADA.
- Ensures individuals with disabilities are not unfairly excluded from insurance and medical coverage.
- Allows a framework for technical assistance to help entities understand and comply with ADA regulations.
- Clarifies relationships to other disability laws such as the Rehabilitation Act of 1973.
ADA Amendments Act
Congress passed the ADA Amendments Act in 2010 to correct decisions from courts that narrowed the applications of the Americans with Disabilities Act. The ADAAA extends to a broader interpretation of the term 'disability' to ensure more individuals are protected by the law.
The ADA Amendments Act:
- Clarifies the disability definition to include:
- a physical or mental impairment that substantially limits a major life activity;
- having a record of such an impairment; or
- regarded as having such an impairment.
- Expands on major life activities to include major bodily functions such as:
- the immune system;
- digestive and respiratory functions; and
- normal cell growth.
- Rejects the use of mitigating factors when determining if an impairment is a disability, except for ordinary glasses or contact lenses. Medication, prosthetics, hearing aids, or behavioral modifications are examples of things not to be considered when determining the substantial limitations on major life activities from an individual's impairment.
State Law
The State of Texas offers its own disability protections for Texans under Human Resources Code, Section 121. With this law, the original 180-day deadline for filing an EEOC charge is extended to 300 days from the time of the alleged discriminatory action by an employer. In addition, the law adds more specifications to certain provisions such as discrimination, testing, private courses, and service animals. HRC 121 also assigns criminal classifications and penalties to prohibited activities, which allows individuals to file a police report and pursue a quick resolution through private action.
Contacts
Equal Employment & Opportunity Commission Complaint Portal
Texas Workforce Commission - Civil Rights Division
(TWC CRD acts on behalf of EEOC. To avoid service delays, choose only one for employment discrimination claims)
U.S. Department of Justice Complaint Portal
U.S. Department of Transportation Complaint Portal