What is the Americans with Disabilities Law?
Public Law 101-336, as a ground-breaking piece of legislation, was enacted by the 101st Congress in July 26, 1990. It is referred to as the Act to establish a clear and comprehensive prohibition of discrimination on the basis of disability, otherwise cited as the Americans with Disability Act of 1990, also popularly known as ADA. However, issues and challenges beset it during its implementation for eighteen (18) years. As a result, Congress took notice of these loopholes and saw the need to address them by passing into law the ADA Amendments Act of 2008 that took effect in January 1, 2009.
It stipulates a clear definition of this group of persons. People with disability who are referred to by the law are those who are suffering from physical or mental impairment that hinders them from pursuing one or more of their pivotal daily activities. The definition also includes those persons possessing a documentation of their disability or who are considered as having impairment.
First and foremost, the Act ensures that persons with disabilities can exercise their civil rights and are given ample protection to do so in their everyday lives. They are not to be discriminated in all aspects of their private and public spheres. Having impairment does not diminish their value as persons. Just like any Americans, they too are to be accorded with respect and dignity at all times.
What is the Americans With Disabilities Law - The Basics
The law recognizes the discrimination experience by this group of undervalued citizens and includes how it could be eradicated in the existing policies, facilities and practices of both private individuals and public officials. Discrimination can be both felt by them in a covert and overt manner in employment, public services, public transportation, public accommodation and services and telecommunications which thoroughly explained in the provisions of the Act.
Just because they have disability, society and institutions perceived them not to be qualified and an added burden or liability when given work. It is easy for other Americans to humiliate and belittle them in the workplace as these have been ingrained in the American culture.
Their movements are limited in buildings and they are excluded to do important activities and avail of social or health services which are located in offices, hospitals and clinics, educational and recreational or entertainment areas. They fail to exercise their political rights and freedom of expressions. They are confined to the same, old place because these places are not accessible or disability friendly.
Not expose to disability friendly technology, their growth is stunted and there is so much they cannot achieve. So many resources go to waste and they are blamed for it instead. The law also mentioned that it is costing hugely the government billions of dollars for failing to capture this increasing number of people to become productive and financially independent.
To address these social inequities as well as the failure to tap this group of important resource of the population due to discrimination, the law specifies the establishment of a support system or set up a standard to be complied with by the federal and state agencies and entities to make social and physical, infrastructure, technology, legislations and policies responsive to the needs of persons with disabilities. At the same time, it emphasizes the need to give technical assistance on how the standards are to be formulated and enforced. This responsibility falls on the Attorney General in consultation with the affected offices and individuals. The said official is also task to help officers and institutions perform their duties within this legal framework.
Another important feature of the law is the Miscellaneous Provisions in which a State is not exempted from the eleventh amendment of the United States Constitution from an action to be taken by a court either Federal or State when it commits any violation to this Act.
Because of this legislation, persons with disabilities have been well protected. Thus, the government since it passed it into law has celebrated many milestones such as the 1991 & 2010 ADA Standards for Accessible Design, Technical Assistance Manual and Supplement, and the numerous settlements and cases filed by the Department of Justice against violators of this Act have reduce discrimination towards them to mention a few.