The Basics Of Americans With Disabilities Act


Keeping up with its spirit of freedom and non discrimination, the Government of United States has implemented Americans with Disabilities Act of 1990. It is laid down in Title 42 of the United States Code with Section 12101. An interesting thing is that the law was passed in 1990 during the presidency of George H. W. Bush and it was heavily amended in 2008. The changes came in force on January 1, 2009 during the presidency of his son George W. Bush. The Act is primarily divided into five titles viz employment, public entities, public accommodations, telecommunications and miscellaneous provisions.

Title I- Employment
Title 1 spans section 12111 through 12117 of the United States Code. It lays down the provision that no person who is physically challenged would be discriminated by a potential employer or employment providing agency on the basis of his disability. The act includes all employing entities who have more than 15 workers. However, the law requires that discrimination is held illegal only when the applicant truly qualifies for the job. This was done considering that some jobs, like those in the United States Armed Forces need the applicant to be physically as well as mentally fit.

Title II - Public Entities (and public transportation)
Title II spans sections 12131 through 12165. It lays down the provision that no public entity should be allowed to discriminate against people who are physically handicapped. Such people must be allowed access to all facilities available for public access and lays stress on public transport of all types to be easily accessible by all people.

Title III - Public Accommodations (and Commercial Facilities)
Title III of this act spans through section 12181 to 12189 of United States Code. It restricts any public service provider including any public accommodation like hotels, motels and lodges from discriminating against the differently able people. It includes commercial facilities like shopping malls, bars etc. Special provisions have been made for structural changes which might be needed to make such places easily accessible for the specially able.

Title IV - Telecommunications
Accessibility concerns as laid down in the Americans with Disabilities Act also span to cover telecommunication facilities. These are discussed in section 225 of Title 45 of the United States Code. The title requires that telecommunication and computer software systems make appropriate provisions to make them usable by people who are specially able. Special telephone systems have been installed in United States as laid down in the Act.

Title V - Miscellaneous Provisions
A number of aspects with regard to supporting people with disabilities which did not per se qualify for the other titles have been covered in Title V. It covers section 12201 through 12213 of the United States Code. A special provision has been made as an anti retaliation or coercion measure. Various major life activities are also covered in this title.

Americans with Disabilities Act is a benchmark legislation in the entire common law community.