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ADA and Reasonable Accommodation

The Americans with Disabilities Act of 1990 (ADA) is a federal law, which protects persons with disabilities from discrimination in the areas of employment, public accommodations, state and local government services, telecommunications and transportation. The ADA guarantees that Americans with disabilities have the same legal protection against discrimination as that provided to individuals on the basis of race, color, national origin, sex and religion.

Who is disabled? The ADA defines a person with a disability as someone who: 1. has a physical or mental impairment which substantially limits one or more of major life activities (such as learning, walking, seeing, etc.); 2. has a record of having had such an impairment; or 3. who is perceived or regarded as having such an impairment. The protection provided by the ADA is not limited to those who are currently impaired. Rather, those who once had a disability, such as cancer or heart disease, but are no longer disabled, are still protected. The ADA also protects individuals who are perceived as disabled even if they are not, such as those with severe facial burns. People with a hidden disability (HIV or learning disability) are considered disabled under the ADA if they are substantially limited in a major life activity. Finally, people who are not themselves disabled, but who are discriminated against because they are associated with someone who has a disability (e.g., the spouse of a person with muscular dystrophy) are also protected.

What are the requirements of the ADA? Title II of the ADA which covers activities of State and local governments requires that State and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services, and activities (e.g. public education, employment, transportation, recreation, health care, social services, courts, voting and town meetings). State and local governments are required to follow...