The Disability Equality Act, known as ADA, was created in 1990 by Congress and signed into law by President George W. Bush. Its purpose is to stop discrimination against people with disabilities, similar to how civil rights laws prevent discrimination based on race, religion, or gender.
The ADA ensures that companies and government bodies cannot discriminate against people with disabilities when hiring, at work, or in providing goods and services, including transportation, public access, and telecommunications.
President Obama highlighted the importance of the ADA, saying, “The ADA guarantees that all Americans have equal access and opportunities, including Americans with disabilities. It’s about independence and the freedom to live life on our own terms.”
### Understanding Disability Discrimination
So, who exactly falls under the category of people with disabilities? According to the United Nations Convention on the Rights of Persons with Disabilities, it includes individuals with long-term physical, mental, intellectual, or sensory impairments that may interact with barriers, hindering full participation in society.
This highlights that there are numerous types of disabilities, each creating unique challenges and exclusions in daily life. The General Equal Treatment Act (AGG) also prohibits disability-based discrimination, yet many people with disabilities still face various societal barriers. Finding a job, for instance, can be particularly tough.
Discrimination can manifest in many ways, so it’s helpful to understand the different forms:
– Discrimination can occur anywhere, such as when searching for housing, at work, in social venues like nightclubs, on public transport, or when dealing with government authorities.
– People can be discriminated against for various reasons such as gender, religion, ethnicity, language, appearance, sexual orientation, disability, age, or residency status.
– Sometimes, individuals face multiple forms of discrimination simultaneously. For example, a woman wearing a headscarf might encounter bias not just for her religion but also because of her immigrant background. This is called multiple discrimination.
– Discrimination is rarely overt. It’s not common for an employer to directly state they won’t hire someone because of their disability or other characteristics. More often, discrimination is subtle and hidden, making it harder for those affected to address it.
### Frequently Asked Questions about the ADA
**Which employers must comply with the ADA?**
The ADA applies to private companies, government agencies, employment agencies, and unions with 15 or more employees.
**Who is protected from employment discrimination?**
The ADA protects individuals whose disabilities significantly limit major life activities. This includes tasks like self-care, manual tasks, seeing, hearing, eating, sleeping, sitting, gripping, speaking, breathing, walking, standing, lifting, bending, learning, reading, concentrating, thinking, communicating, and interacting with others. It covers a broad range of conditions such as limb loss, paralysis, HIV, epilepsy, AIDS, severe hearing or vision loss, diabetes, multiple sclerosis, major depression, bipolar disorder, and learning disabilities. It also includes those with a history of disability, like former cancer patients.
**What are employers’ responsibilities under the ADA?**
Employers should hire the most qualified candidate, regardless of any disability. If the best candidate has a disability, the employer must consider if they can perform the job with “reasonable accommodations.”
**What are the ADA requirements for local public buses?**
New public buses operating on fixed routes must be accessible, with features like wheelchair lifts. Additionally, special minibusses equipped to assist people with disabilities should be provided if they cannot use the regular bus routes.
This simplified, everyday language helps explain the ADA and disability discrimination more clearly, making it easier for everyone to understand their rights and responsibilities.