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Encyclopedia > Americans with Disabilities Act

The Americans with Disabilities Act of 1990 is the short title of United States Public Law 101-336, signed into law on July 26, 1990 by George H. W. Bush. It is a wide-ranging civil rights law that prohibits discrimination based on disability. It affords similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964, which made discrimination based on race, religion, sex, national origin, and other characteristics illegal. Certain specific conditions are excluded, including alcoholism and transsexuality.


The Americans with Disabilities Act, commonly referred to as the ADA, consists of three introductory sections and five titles:

  • Introductory Sections
    • Table of Contents
    • Findings and Purposes
    • Definitions
  • Main Section
    • Title I - Employment
    • Title II - Public Services (and public transportation)
    • Title III - Public Accommodations
    • Title IV - Telecommunications
    • Title V - Miscellaneous

Some complain that the ADA has made little progress in eliminating such discrimination because it is primarily complaint-driven. That is, individuals must make complaints of discrimination under the act to the person or agency charged with handling such complaints, only after which the agency may take action. Each title of the act created an agency to handle such complaints, ranging from bodies of the federal executive branch to local civil rights enforcement agencies. Further, individuals under each title have the "private right of action", that is, the right to privately sue the alleged discriminating person or body. Many of these lawsuits have helped to clarify provisions of the act by forcing courts to interpret the law for specific cases, creating a body of legal precedent.


See Disability Discrimination Act for the corresponding UK legislation.


See Ontarians with Disabilities Act for the corresponding legislation in Ontario, Canada.


For cases determining the constitutionality of some of the ADA's provisions, see Tennessee v. Lane and Board of Trustees of the University of Alabama v. Garrett.


External links


  Results from FactBites:
 
The Americans with Disabilities Act of 1990, Titles I and V (3256 words)
An Act To establish a clear and comprehensive prohibition of discrimination on the basis of disability.
Be it enacted by the Senate and House of Representatives of the United States of America assembled, that this Act may be cited as the "Americans with Disabilities Act of 1990".
Paragraphs (1), (2), and (3) shall not be used as a subterfuge to evade the purposes of subchapter I and III of this chapter [titles I and III].
FCIC: Americans with Disabilities Act: Questions and Answers (7869 words)
By breaking down these barriers, the Americans with Disabilities Act (ADA) will enable society to benefit from the skills and talents of individuals with disabilities, will allow us all to gain from their increased purchasing power and ability to use it, and will lead to fuller, more productive lives for all Americans.
A. The ADA prohibits discrimination based on relationship or association in order to protect individuals from actions based on unfounded assumptions that their relationship to a person with a disability would affect their job performance, and from actions caused by bias or misinformation concerning certain disabilities.
A. The ADA expressly provides that a public accommodation may exclude an individual, if that individual poses a direct threat to the health or safety of others that cannot be mitigated by appropriate modifications in the public accommodation's policies or procedures, or by the provision of auxiliary aids.
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