July 26 - ADA

Today in History.

The Americans with Disabilities Act was signed 32 years ago on July 26, 1990.

This information comes from the website, https://beta.ada.gov/topics/intro-to-ada/The ADA

Introduction to the Americans with Disabilities Act

The Americans with Disabilities Act (ADA) is a federal civil rights law that prohibits discrimination against people with disabilities in everyday activities. The ADA prohibits discrimination on the basis of disability just as other civil rights laws prohibit discrimination on the basis of race, color, sex, national origin, age, and religion. The ADA guarantees that people with disabilities have the same opportunities as everyone else to enjoy employment opportunities, purchase goods and services, and participate in state and local government programs.

The ADA Protects People with Disabilities

A person with a disability is someone who:

• has a physical or mental impairment that substantially limits one or more major life activities,

• has a history or record of such an impairment (such as cancer that is in remission), or

• is perceived by others as having such an impairment (such as a person who has scars from a severe burn).

If a person falls into any of these categories, the ADA protects them. Because the ADA is a law, and not a benefit program, you do not need to apply for coverage.

The ADA Prohibits Disability Discrimination in Many Areas of Life

To prevent discrimination against people with disabilities, the ADA sets out requirements that apply to many of the situations you encounter in everyday life. Employers, state and local governments, businesses that are open to the public, commercial facilities, transportation providers, and telecommunication companies all have to follow the requirements of the ADA.

The ADA prohibits discrimination based on disability.

Under the ADA, it is illegal to discriminate against someone because of their disability. For example, a fitness center could not exclude a person who uses a wheelchair from a workout class because they cannot do all of the exercises in the same way.

The ADA is broken up into five different sections, which are called titles. Employment, State and Local Government programs, Public Transit, Businesses that are open to the public, Telecommunications.

Of course I was familiar with the Americans with Disabilities Act. I knew the law protects people with disabilities with employment opportunities and access to public buildings. I knew it provides accommodations for driving and parking spots and of course, for handicap accessibility in public buildings. For education, I was aware of 504 regulations that prohibit discrimination of individuals with disabilities. As an adult educator, I advocated for my students to get accommodations. But what I didn’t realize was how it could impact me as a person with a “hidden” disability.

As I write this I realize there is so much to “unpack” with this topic. I have so many thoughts on the subject. Today I’ll focus on the general information, (the act above) and what the definition of disability is. In future posts I will talk about the 3 areas that the act covers, employment, purchasing goods and services and participating in services such as transit. How could the ADA protect my right to a full life? What reasonable accommodations can be made for someone like me with communication challenges and neurological issues?

Before I had a stroke, these protections did not apply to me, nor were they vital to my day to day life. But now I have a disability, I can see how ADA regulations that a company or business has to provide could impact me and help me in my day-to-day activities; maybe making life a bit easier for me, a person with hidden disabilities.

First, what is an invisible disability? If you were to look at me, you would never have guessed that I had a stroke and that I still have physical pain, neurofatigue, and neuropathy and also have language and communication problems. These are "hidden" disabilities. I would need to tell you about my physical challenges. And it is only when I open my mouth to try to speak that you may notice my trouble communicating. http://www.ist.hawaii.edu/training/hiddendisabilities/05_hidden_disabilities.php#:~:text=What%20Are%20Some%20Common%20Hidden%20Disabilities%3F%201%20Psychiatric,unpredictable%20and%20fluctuating%2C%20controlled%20by%20medication%20and%20untreatable.

I'm reminded that in order to get educational accommodations after the age of 18, my students would have to request them at their college or other educational facility. In these cases, documentation needed to be submitted. In order to qualify for any "special" treatment (accommodations or modification), I would have to identify that I need help because of a disability?

Some things should be common sense. If I tell you that I'm struggling with communicating with you, the logical thing to do is ask how you can help. Treating each person as an individual and with kindness could help.

I believe regulations and laws have to be made to ensure that everyone is treated fairly. On this anniversary of the Americans with Disabilities Act, I am pleased to write this blog. Reading about it brought up many experiences I've had since becoming disabled - some positive and some not so positive. I've already talked about some of them and in future posts I will talk about more of these experiences.

Until next time....

Pixabay.com

Employment

Section of the ADA: Title I Applies to: employers that have 15 or more employees, including state/local governments, employment agencies, and labor unions. General requirement: Employers must provide people with disabilities an equal opportunity to benefit from the employment-related opportunities available to others. This includes things like recruitment, hiring, promotions, training, pay, and social activities. The ADA includes specific requirements for employers to ensure that people with disabilities have equal access to employment. Learn more about these requirements on the Equal Employment Opportunity Commission’s guidance for employers.

State and Local Government Services

Section of the ADA: Title II, Subtitle A Applies to: all services, programs, and activities of state and local governments. Examples of state and local government activities include:

• Public education

• Transportation

• Recreation

• Health care

• Social services

• Courts

• Voting

• Emergency services

• Town meetings

The ADA applies to state and local governments even if:

• the state or local government is small or

• they receive money from the federal government.

General requirement: State and local governments must provide people with disabilities an equal opportunity to benefit from all of their programs, services, and activities

Public Transit

Section of the ADA: Title II, Subtitle B Applies to: public transit systems. General requirement: Public transit systems must provide people with disabilities an equal opportunity to benefit from their services. Note: Private transit systems are also covered by the ADA. For more information, see the section Businesses that are open to the public below.

Businesses That Are Open to the Public

Section of the ADA: Title III Applies to:

• Businesses and nonprofits serving the public. Examples of businesses and nonprofits include:
  

  • Restaurants

  • Hotels

  • Retail stores

  • Movie theaters

  • Private schools (including housing)

  • Doctors’ offices and hospitals

  • Day care centers

  • Gyms

  • Organizations offering courses or examinations

• Privately operated transit. Examples of privately operated transit include:
  

  • Taxis

  • Intercity and charter buses

  • Hotel shuttles

  • Airport shuttles

• Commercial facilities (need only comply with requirements of the ADA Standards for Accessible Design). Examples of commercial facilities include:
  

  • Office buildings

  • Warehouses

  • Factories

General requirement: Businesses must provide people with disabilities an equal opportunity to access the goods or services that they offer.

Telecommunications

Section of the ADA: Title IV Applies to: telecommunication companies. General requirement: Telephone companies must provide services to allow callers with hearing and speech disabilities to communicate.