Learn About ADA Protection and Your Rights

Understanding the Americans with Disabilities Act (ADA)

The Americans with Disabilities Act, or ADA, became law in 1990. It is one of the most important civil rights laws in the United States. The ADA was created to stop discrimination against people with disabilities in many areas of daily life. The law protects people in employment, public services, public accommodations, telecommunications, and other areas.

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The ADA covers roughly 61 million Americans who live with disabilities, according to data from the U.S. Census Bureau. This includes people with physical disabilities, sensory disabilities, cognitive disabilities, and mental health conditions. The law recognizes that disabilities come in many forms and that people need different kinds of support to participate fully in society.

The ADA was built on earlier civil rights laws but went much further. Before the ADA, there was no consistent federal protection against disability discrimination. Many people with disabilities faced barriers to employment, education, transportation, and other basic activities. The law changed this by requiring employers, businesses, and government agencies to make changes so that people with disabilities could participate equally.

The ADA has five main titles, or sections. Title I covers employment and protects workers with disabilities from discrimination by employers with 15 or more employees. Title II covers public entities like government agencies, public schools, and public transportation. Title III covers private businesses and public places. Title IV covers telecommunications, and Title V contains miscellaneous provisions and rules.

Understanding the ADA is important whether you have a disability yourself, work with people who have disabilities, or own a business. The law affects how workplaces operate, how public buildings are designed, how websites function, and how services are delivered. Many workplace policies, building features, and technology accommodations exist because of ADA requirements.

Practical Takeaway: The ADA is a federal law that protects people with disabilities from discrimination in employment, public services, businesses, and communications. Knowing what the ADA covers can help you understand your rights or the responsibilities of employers and businesses.

What Counts as a Disability Under the ADA

The ADA defines disability in a specific way. A disability, according to the law, is a physical or mental impairment that substantially limits a major life activity. This definition includes people who have disabilities, people who have a history of disabilities, and people who are perceived as having disabilities. The law covers a wide range of conditions.

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Physical disabilities protected by the ADA include mobility impairments, blindness, deafness, and chronic health conditions. Mental health conditions, including depression, anxiety, bipolar disorder, and schizophrenia, are also covered. Cognitive disabilities such as intellectual disabilities and autism spectrum disorder receive protection. Some people do not realize that conditions like diabetes, cancer, HIV, and heart disease are covered by the ADA because they substantially limit major life activities.

Major life activities are the normal functions most people perform without difficulty. These include walking, seeing, hearing, speaking, breathing, learning, working, eating, sleeping, standing, lifting, bending, communicating, thinking, and concentrating. A condition does not have to affect all major life activities to be protected—it only needs to substantially limit one or more of them.

The ADA Amendments Act of 2008 broadened the definition of disability significantly. Before this change, some people with serious conditions were denied protection because their conditions could be managed with medication or assistive devices. The 2008 amendments changed this. Now, the law considers whether an impairment substantially limits a major life activity without looking at the effects of medication, medical devices, or assistive technology. This means someone using a hearing aid or wheelchair is still covered by the ADA.

It is important to know that not every medical condition is a disability under the ADA. The condition must substantially limit a major life activity. Additionally, temporary conditions typically do not qualify. A broken arm that heals in a few weeks, for example, would not usually be protected. However, temporary conditions that result in serious impairments might receive protection in some circumstances.

Practical Takeaway: The ADA protects people with physical disabilities, mental health conditions, cognitive disabilities, and chronic health conditions that substantially limit major life activities. Understanding whether a condition qualifies can help you know what protections may apply.

Your Rights in Employment

Title I of the ADA protects workers with disabilities from discrimination in hiring, firing, advancement, compensation, job training, and other terms and conditions of employment. This protection covers employers with 15 or more employees. It is one of the most frequently used parts of the ADA, affecting millions of workers across the country.

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Employers cannot discriminate based on disability. This means they cannot refuse to hire someone because of a disability if that person can perform the essential functions of the job. Employers also cannot demote, fire, or treat someone differently because of a disability. They cannot ask disability-related questions or require medical examinations before offering a job, unless these questions or examinations are asked of all applicants for the same position.

One of the most important rights is the right to reasonable accommodations. A reasonable accommodation is a modification or adjustment to a job, work environment, or the way work is performed that allows someone with a disability to work effectively. Examples include providing a screen reader for an employee who is blind, allowing flexible scheduling for someone with a chronic illness, providing a quiet workspace for someone with sensory sensitivities, offering telework options, or modifying equipment. Reasonable accommodations must be provided unless they cause significant difficulty or expense, called undue hardship.

The process for getting accommodations typically begins with an employee telling their employer about their disability and what accommodations they need. This does not necessarily mean disclosing the specific medical diagnosis—the employee can discuss functional limitations instead. The employer and employee should then have a conversation about what would work. If there is disagreement, the employee may request mediation or file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC).

Employees also have the right to privacy regarding their disability. Employers cannot tell other employees, customers, or the public about someone's disability without permission. Medical information must be kept in separate, confidential files. Additionally, employees cannot be retaliated against for requesting accommodations or filing complaints about disability discrimination.

Practical Takeaway: The ADA protects you from discrimination at work and gives you the right to request reasonable accommodations that help you perform your job. Understanding this right can help you advocate for yourself in the workplace.

Access to Public Services and Public Accommodations

Title II and Title III of the ADA cover public services and public accommodations. These titles affect places and services that the public uses daily. Public accommodations include restaurants, hotels, retail stores, movie theaters, museums, libraries, banks, doctor's offices, hospitals, schools, and government agencies. The law requires these places to be accessible to people with disabilities and to provide services in ways that people with disabilities can use.

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Physical accessibility is one major requirement. Buildings must have accessible entrances, pathways, bathrooms, and parking. This means features like ramps, elevators, accessible parking spaces, grab bars, and door handles that work for people with different abilities. Websites must also be accessible, which means they should work with screen readers, have captions on videos, use readable fonts, and have navigation that works with keyboards. The U.S. Department of Justice reports that accessibility lawsuits have increased significantly in recent years, with over 4,000 website accessibility cases filed annually.

Businesses must also provide auxiliary aids and services. These are tools and services that help people with disabilities communicate and participate. Examples include sign language interpreters, written materials in large print or Braille, video captions, TTY devices for telephone communication, and readers who can read documents aloud. Restaurants must allow service animals (primarily trained dogs) to accompany people with disabilities. Hotels must make reasonable modifications to allow guests with disabilities to use their rooms.

Discrimination in public accommodations is prohibited. This means businesses cannot refuse service, charge more money, or provide different service to people because of disabilities. A store cannot refuse to allow someone with a psychiatric disability to shop there. A doctor's office cannot refuse to treat someone with HIV. Hotels cannot charge more for accessible rooms. If someone experiences discrimination, they can file a complaint with the U.S. Department of Justice or pursue other legal action.

Transportation is another key area. Public transportation systems must be accessible. Buses must have lifts or ramps, and subway stations must have elevators or other ways to reach platforms. Transit agencies must provide paratransit services—specialized transportation for people with disabilities who