History and General Provisions. The Americans with Disabilities Act (ADA) was signed into law by President Xxxxxx Xxxx on July 26, 199074. When he signed the bill, Xxxxxxxxx Xxxx exclaimed that “every man, woman, and child with a disability can now pass through a once-closed door to a bright new era of equality, independence and freedom”. He also referred to the bill as “historic” and “the world’s first declaration of equality for people with disabilities”75. In a legal sense, the ADA put disability discrimination on par with other statutorily prohibited types of discrimination: race, ethnicity, gender, religion, and age76. Prior to the passage of the ADA, disabled persons were often left without legal means of fighting discrimination77. In order to be protected under the act, a person must have a disability or a relationship/association with a person who has a disability78. The ADA defines a disability as a physical or mental impairment that substantially limits one or more of the major life activities of the individual79. The provisions of the act are designed to help reverse the historical isolation of and discrimination against handicapped individuals in a wide array of areas, applying even to acts of the United States Congress80. Discrimination is explicitly prohibited on the basis of disability in employment, state and local government, public accommodations, and communications services81. Title I of the ADA forbids discrimination in employment. The act requires employers with fifteen or more employees to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related activities available to others. Employers are limited in the questions they can ask about an applicant’s disability before a job offer is made and are required to make reasonable accommodations to known physical and mental limitations of otherwise qualified individuals. If the reasonable accommodations result in an undue hardship to the employers, they may be excused from liability under the act82. Title II of the ADA forbids discrimination in the activities of state and local governments. The act covers all non-federal governments, regardless of size or receipt of federal funding. Governments are required to give people with disabilities an equal opportunity to benefit from all their programs, including public education and transportation. Public entities are not required to take actions that would result in undue financial and administrative burdens83. Title ...
