“Let the shameful wall of exclusion finally come tumbling
down.” – Former President George H.W. Bush, July 26, 1990.
With those works spoken, 26 years ago today, President Bush
signed the Americans with Disabilities Act (ADA) into law. The ADA is by far
the most comprehensive and far reaching civil rights law ever passed for the
nearly 50 million Americans with disabilities.
The ADA prohibits discrimination against individuals with
disabilities in all areas of public life, including jobs, schools,
transportation, and all public and private places that are open to the general
However, the ADA is often misunderstood, so today, I thought I would share some
“Myths and Facts” about the ADA. (Source: www.pva.org/Americans_with_Disabilities_Act_ADA_Myths_and_Facts.htm
or historic buildings are exempt from the requirements.Fact:
is no “grandfathered in” concept under the ADA. The law does hold facilities
built or renovated after 1990 or 2010 to a more stringent standard of
accessible design, but all publically accessible places must take reasonable
steps to improve access to patrons.
includes the obligation to remove barriers from existing buildings whenever it
is “readily achievable” to do so. “Readily achievable” accessibility is a legal
term determined by a reasonableness test for when a business can provide access
to the products or services it offers “without much difficulty or expense.
protections apply to housing.
does not protect people with disabilities against discrimination in housing.
The ADA applies to housing rental and sales offices but protections against
housing discrimination fall under the Fair Housing Act or Section 504 of the
commercial landlord is liable for ADA compliance, not the business tenant.
the landlord and the business tenant share the legal responsibility for
complying with ADA accessibility, including removing barriers or providing
other accessibility devices such as “auxiliary aids and services.” These
include interpreters, written materials, assistive listening devices, or
computer-aided services. The landlord and the business tenant may decide by lease
who is supposed to make the changes or provide the services, but both remain
legally responsible to the patron or employee.
The ADA requires private citizens to
modify their homes to allow people with disabilities to visit.Fact:
The ADA does not require private citizens to modify their
homes to make them accessible. Some homeowners, however, choose to modify their
homes to make them “visitable” by friends and family members with disabilities.
More information about how to make your home visitable is available at this link
claims to be covered under the ADA.
following groups are protected by the ADA, according to the Department of
Justice’s technical assistance manuals at www.ADA.gov:
Someone with a “physical or mental impairment that
substantially limits one or more major life activity,” including walking,
talking, seeing, hearing, breathing, reasoning, or taking care of oneself.
Major life activities also include bodily functions, such as cell growth or the
proper functioning of immune, nervous, respiratory, or other body systems.
People with a record of impairment that previously limited
life activities, such as a history of treatment for cancer or mental illness
that is now in remission.
Anyone who is regarded as having a disability even if their
life activities are not substantially limited, such as a person with adequately
controlled diabetes or a facial disfigurement. This category also protects
people who are not impaired but are treated as if they are – for example,
someone who is refused entry to a public accommodation based on untrue rumors
that he or she is HIV-positive.
The law also protects able-bodied people against
discrimination based on their known relationship or association with people who
have disabilities. The Department of Justice presents an example of a day care
center that refuses to admit a child whose sibling is HIV-positive, even though
the child seeking admission does not have a disability.