American With Disability Act

1. American With Disability Act Leslie Jeong

2. Introduction • It was introduced in the Senate as S.933 By Tom Harkin (D) on May 9, 1989

3. Who it affects • People with Disability

4. What it says • Title 1 – Employment • A covered entity shall not discriminate against a qualified individual with a disability • Job application procedures, hiring, advancement and discharge of employees, workers’ compensation, job training, and other terms, conditions, and privileges of employment • Covered entity refers to employment agency, labor organization, or joint labor-management committee; generally it’s a employer engaged in interstate commerce and having 15 or more workers. • Employers can use medical entrance exam for applicants after making the job offer. • A confidential medical record

5. What it says • Title 2 – Public Entities • Title 2 prohibits disability discrimination by all public entities at the local and state level • Public Entities must follow Title 2 regulation • It covers all programs and services offered by the entity • Even public transportation provided by public entities

6. What it says • Title 3 - Public Accommodations (and Commercial Facilities) • No individual may be discriminated against on the basis of disability with regards to the full and equal enjoyment of the goods, services, facilities, or accommodations of any place of public accommodation by its owners or operators • Title 4 – Telecommunications • All telecommunications companies in the US take steps to ensure functionally equivalent services for consumers with disabilities, notably those who are deaf or hard of hearing and those with speech impairments

7. What it says • Title 5 – Miscellaneous Provisions • It includes technical provisions and an anti-retaliation or coercion provision. • Individuals who exercise their rights under the ADA, assist others in exercising their rights, are protected from retaliation and coercion • It applies to any individual or entity that seeks to prevent an individual from exercising his or her rights or to retaliate against him or her for having exercised those rights.

8. After introduction • Passed the Senate on Sep 7 • Passed the House of Representatives on May 22, 1990 • Reported by the joint conference committee on July 12 • Agreed to by the H of R on July 12 • Agreed to by the Senate on July 13 • Signed by President George H.W. Bush on July 26

9. Oppositions • Religious groups • The Association of Christian Schools International opposed the Act primarily because the ADA labeled religious institutions “public accommodations,” and thus would have required churches to make costly structural changes to ensure access for all • Business interests • Greyhound Bus Lines stated that the Act had the potential to deprive millions of people of affordable intercity public transportation and thousands of rural communities of their only link to the outside world.