AMERICANS WITH DISABILITY ACT (ADA) TERMS

The Architectural Barriers Act of 1968. P.L. 90480, as amended.

Anything that is approachable, functional and can be used by people with disabilities, independently, safely and with dignity.

This concept involves a commitment to positive action to accomplish the purposes of a program. It may involve goals or timetables and specifically outlined steps that will be pursued to assure that objectives are attained. The ADA does not mandate affirmative action for disabled people. Rather, the ADA requires that covered entities ensure, "nondiscrimination". In the context of civil rights for disabled people, affirmative action must be taken under Section 503 of the Rehabilitation Act, which requires affirmative steps and positive outreach by federal contractors in employment considerations.

A private organization which develops consensus industry specifications in building design and construction and other fields. ANSI A117.1, originally issued in 1961 and revised every five years (most recently in 1986), is a key technical basis for the federal government's accessibility standards.

As amended, 42 U.S.C. 4151 et. seq., requires that certain buildings and facilities owned, occupied (leased) or financed by the federal government to be designed, constructed or altered so as to be accessible to and usable by physically disabled people.

A federal agency established by Section 502 of the Rehabilitation Act as a barriers regulatory and investigative body, particularly to ensure compliance with accessibility standards developed under the Architectural Barriers Act. Under the ADA, this agency sets minimum guidelines to ensure that places of public accommodation and transportation facilities are accessible.

Devices or services that compensate for a disabling condition. The term includes qualified interpreters or other means of communications (such as telecommunications devices for the deaf, TDDs) for hearing-impaired people; qualified readers, taped texts or other devices for sight-impaired people; adaptive equipment; and other similar services and actions.

Containing no obstacles to accessibility and usability by disabled people. The ADA, which emphasizes the concept of accessibility, mandates a barrier-free environment in new construction of public accommodations.

The Civil Rights Restoration Act of 1988 provides that four federal civil rights statutes, (Section 504 of the Rehabilitation Act, the Age Discrimination Act of 1975, Title IX of the Education Amendments Act of 1972, and Title VI of the Civil Rights Act of 1964) apply to an entire institution if any part of it receives federal financial assistance. The law overturned Grove City College v. Bell, in which the Supreme Court ruled that only the programs receiving federal funds were subject to these laws. It also amended the Rehabilitation Act to specify that people with contagious diseases are considered disabled (arid therefore protected by the act) provided they do not pose a direct threat to the health and safety of others.

Contagious diseases, such as tuberculosis and AIDS, are considered disabilities under the ADA. People with contagious diseases are protected by the ADA against discrimination, provided they can perform their jobs and do not pose a threat to the health and safety of others.

Any system of providing public transportation that does not run on a fixed route according to a fixed schedule. Examples are paratransit or hotel shuttle vans that transport people to and from airports.

The U.S. Department of Justice is responsible for enforcing the public accommodations section (Title III) of local government compliance under Title 11 of the law. The department also coordinates government-wide enforcement of the regulations implementing Section 504 of the Rehabilitation Act.

Nondiscrimination in public and private transportation is enforced by the U.S. Department of Transportation (Tides II and III of ADA). This includes access to public bus, train and paratransit service, as well as privately operated bus and shuttle transportation, which is subject to the Air Carrier Access Act Commission

The U.S. Equal Employment Opportunity Commission (EEOC) enforces the non-discrimination requirements in Title I (employment) of the ADA.

The elimination of unfair and unnecessary discrimination. Equal opportunity for qualified disabled people is an objective of the ADA. This goal translates into the achievement of accessibility, the provision of benefits, services, and aids that are equally effective for disabled and nondisabled people, and programs and activities that are otherwise free from discrimination based on disability.

This term refers to any person who: (1) has a physical or mental impairment that substantially limits one or more major life activities (i.e., caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working); (2) has a record of such an impairment (has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities); or (3) is regarded as having such an impairment.

The ADA requires that "key" stations in rapid rail, light rail and commuter rails systems be accessible to disabled people. Key stations are stations that have high ridership, as well as stations that serve as transfer or "feeder" points. High ridership stations are generally located in business and employment districts, or are near cultural, educational, recreational or entertainment centers.

One that affects or could affect the use of, or access to, an area of the facility containing a primary function of that business. When major alterations are made in places of public accommodation, the alterations, as well as the path of travel and facilities servicing the altered area, must to the maximum extent feasible, be accessible to disabled people.

Issued by the Architectural and Transportation Barriers Compliance Board, which are the basis for federal accessibility standards. Buildings, facilities and vehicles are considered to be in compliance with the ADA if they follow the architectural, design and communications standards contained in the MGRAD.

Term used in the ADA to reinforce the nondiscrimination of ADA, it connotes the idea of people with disabilities interacting with non-disabled people to the maximum extent feasible. Many disabled people require few or no adjustments or modifications in employment and public facilities. Unnecessarily different treatment in such cases would be a violation of the ADA. Thus, the most integrated setting appropriate for many disabled people will be the same setting in which non-disabled people are functioning. For others, it will include changes and adjustments (as slight and as few as possible) necessary to achieve effective participation.

Nondiscrimination is mandated by the ADA. No otherwise qualified disabled individual can, solely by mason of his or her disability, be subjected to discrimination. Covered entities are required under the ADA to ensure nondiscrimination by providing accessibility, equal opportunity and full participation in employment and public facilities and services.

Door-to-door or demand-responsive transportation (usually accessible vans or small buses) for people who are unable to use conventional or mainstream public transportation. Paratransit service is usually provided by a public transit agency but can be contracted out to a private company.

Physical Or Mental Impairment

This term includes (1) any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine; or (2) any mental or physical disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term "physical or mental impairment" includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech, and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, past drug addiction and alcoholism.

Title III of the ADA mandates that privately owned places of public accommodation be accessible to people with disabilities. The act contains a specific list of businesses and other facilities open to the public that are covered by the act. This includes, but is not limited to, hotels and places of lodging, restaurants, movies, theaters, stadiums and places of exhibition and entertainment, auditoriums, convention centers and other places of public gathering, food stores, shopping centers or other sales or retail establishments, service establishments such as lawyer and doctor offices, hospitals, insurance offices, public transportation stations, places of public display or collection such as museums, libraries or galleries, places of recreation including parks and zoos, private schools, and social service centers.

With respect to employment, a disabled person who, with or without reasonable accommodation, can perform the essential functions of the job in question; and (2) with respect - to public services, an individual who, with or without reasonable modifications to rules, policies or practices, the removal of architectural, communication or transportation barriers, or the provision of auxiliary aid and services, meets the essential eligibility requirements for the receipt of services or participation in the program or activity.

Under Title III of the ADA (relating to public accommodations), this term means easily accomplishable and able to be carried out without much difficulty or expense. Factors to be considered include, but are, not limited to, the nature and cost of the action; overall financial resources of the covered entity and facility or facilities involved; the number of people employed at such facility; and the type of operation(s) of the covered entity, including the composition, structure and functions of the workforce of the covered entity. Note that the factors here are similar to those under "undue hardship," below, as applied to employment decisions under Title I of the ADA.

The principle by which employment and public accommodations are made accessible to qualified disabled people. Employers are required under the ADA to make certain adjustments to the known physical and mental limitations of otherwise qualified disabled applicants and employees, unless it can be demonstrated that a particular adjustment or alteration (an "accommodation") would be unreasonable or impose an undue hardship (see discussion below of "undue hardship"). For example, an employer might be required to rearrange office furniture to allow for passage of a wheelchair, relocate some offices or classrooms to a ground floor or other accessible location, or relieve a deaf secretary of phone responsibilities.

Prohibits federal agencies and their grantees and contractors from discriminating against people based on disability in employment, programs and activities. Tide V of the Rehabilitation Act, 29 U.S.C. 791 et. seq., is the legislative forerunner of the ADA in developing concepts of "qualified individual with a disability" and "reasonable accommodation".

Section 502 of the Rehabilitation Act of 1973 established the Architectural and Transportation Barriers Compliance Board (A&TBCB) to ensure enforcement of the Architectural Barriers Act of 1968 and accessibility standards for federally owned, occupied or leased buildings or facilities.

Section 503 of the Rehabilitation Act of 1973, administered by the U.S. Department of Labor's Office of Federal Contract Compliance Programs, applies to all federal contractors and subcontractors with contracts of $2,500 or more. It mandates affirmative action to employ and advance in employment qualified disabled people. In addition, it requires all recipients with 50 or more employees and one or more federal contracts of $50,000 or more to prepare and maintain affirmative action programs.

Section 504 of the Rehabilitation Act of 1973 prohibits discrimination against qualified individuals with disabilities in federally funded programs and activities. The Justice Department's Civil Rights Division is responsible for ensuring compliance with the provisions of section 504.

Includes alcoholism and illegal drug abuse. Alcoholics and rehabilitated drug abusers are considered people with disabilities and thus afforded employment protection under the ADA. Alcoholics are protected provided their condition neither interferes with their ability to work nor poses a threat to property or safety of others. Only drug abusers who have successfully completed rehabilitation programs and people who are mistakenly identified as drug users are considered disabled under the ADA; current users of illegal drugs are not protected.

A telecommunications device for the deaf, which is a machine that uses graphic communication in the transmission of coded signals through a wire or radio communication system. Sometimes also referred to as a TTY (teletypewriter).

Telephone transmission service that enables an individual with a hearing or speech impairment to communicate by wire or radio with a hearing individual in a manner that is functionally equivalent to the ability of someone who does not have a hearing or speech impairment.

Prohibits discrimination based on race, sex, religion and ethnic background and provides "equitable relief" back pay, reinstatement and injunctive relief for victims of job bias. The employment Title of the ADA (Title I) references the remedies for discrimination that are available under Title VII.

The point at which an employer is no longer required to make accommodations in employment under Title I of the ADA since the action involved would require significant difficulty or expense. The factors to be considered are the same determining whether an accommodation is "readily achievable' (see above). These include, but are not limited to, the nature and cost involved in the accommodation, overall financial resources of the facility or facilities involved, number or people employed at the facility, the type of operation(s) of the employer, including the composition, structure and functions of the workforce.

The standards the federal government uses to meet accessibility requirements for the design, construction and alteration of buildings under section 504.