Americans with Disabilities Act. Law and Poverty. History of ADA Act of 1990 – Section 504. Rehabilitation Act of 1973 (29 USC 791) – called Section 504 Section 504 prohibited discrimination vs handicapped in a. any federal program or activity
Related searches for Americans with Disabilities Act
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Law and Poverty
Section 504 prohibited discrimination vs handicapped in
Definition of handicapped
Limited coverage of Section 504 leads to ADA
"The purpose of the ADA ... is to provide a clear and comprehensive national mandate to end discrimination against individuals with disabilities and to bring those individuals into the economic and social mainstream of American life."
Congress estimated 43 million persons have one or more physical or mental disabilities as defined in statute
e.g. person with history of physical or mental illness, even if impairment does not currently exist; e.g. person who suffered heart attack; former cancer patients; recovered alcoholics or drug addicts
e.g. parents or caretaker of child with AIDS or even a severely disfigured burn victim
1. Retaliation prohibited against non-disabled persons who oppose unlawful discrimination against the disabled. (42 USC 12204 (a))
2. Also those who associate with or who provide care to those with disabilities are protected by ADA from discrimination:
It is unlawful for a covered entity to exclude or deny equal jobs or benefits to, or to otherwise discriminate against, a qualified individual because of the known disability of an individual with whom the qualified individual is known to have a family, business, social or other relationships or association.
Physical or Mental Impairment are purposefully not exactly defined to avoid limiting definition and to allow room for future growth in recognition of disabilities
Does cover substance abusers or recovering alcoholics but NOT those currently engaging in illegal drugs or suffering from active alcoholism
Also does NOT include: temporary, nonchronic ailments of short duration (e.g. loss of one arm is covered, broken arm is not)
Does NOT cover environmental, economic or cultural disadvantages nor age, nor being a homosexual, bisexual, compulsive gamblers nor having a prison record
Title I of the ADA prohibits discrimination in all phases of employment
hiring, advancement, termination, compensation or other terms of employment
(This is similar to 42 usc 2000e: commonly called "Title VII" which prohibits discrimination based on race, gender, age)
Lawyers should know the differenceADA is Equal Opportunity
Must Provide or at least Investigate “Reasonable Accommodation” for:
Statute itself lists several examples:
e.g. health care coverage
Prohibits discrimination by those who own, lease, lease to, or operate places of public accommodations,"if the activities of such entities affect commerce.“ Heart of Atlanta Motel v United States, 379 US 241 (1964)
The Department of Justice is responsible for oversight of this section. It has promulgated rules and regs which can be found at 28 CFR 36
The Justice Department estimates over 5 million places constitute public accommodations. The following private entities are considered public accommodations: (42 USC 12181(7)
Even private homes can be public accommodations if it is used as a facility which would fall into the categories listed above
Exemptions are available for private clubs and religious entities
Law protects current
and potential customers
and clients with disabilities
who otherwise meet eligibility requirements.
E.g. a health spa which limits membership to 18 years or older could refuse membership to 17 year old with disability but not 19 year old.
Not required if “undue burden” on public accommodation, which is determined by analyzing:
Removal of Barriers:
Where Barrier Removal is not readily achievable public accommodations must make its goods and services available through alternative methods e.g. provide a clerk to retrieve inaccessible goods
Actions may be brought for injunctive relief by individuals
Actions may be brought for damages by the Attorney General
Attorney General may also seek civil fines of up to $50,000 for first violation and $100,000 for subsequent violations