Protecting Disability Rights: The ADA and Other Legislation
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Focuses on the legal framework established to protect individuals with disabilities from discrimination, with a primary focus on the Americans with Disabilities Act (ADA) of 1990 and other key laws like the Rehabilitation Act and IDEA.
Protecting Disability Rights: The ADA and Other Legislation
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What was the significance of Section 504 of the Rehabilitation Act of 1973?
It was the first major federal law to prohibit discrimination against people with disabilities. It stated that no qualified individual with a disability could be excluded from participation in any program or activity receiving federal funds.
What is the primary purpose of the Americans with Disabilities Act (ADA) of 1990?
It is a comprehensive civil rights law that prohibits discrimination against individuals with disabilities in employment, state and local government services, public accommodations, transportation, and telecommunications.
What does Title I of the ADA cover?
It addresses employment discrimination, prohibiting employers with 15 or more employees from discriminating against qualified individuals with disabilities in all aspects of employment, and requiring them to provide reasonable accommodations.
What does Title II of the ADA cover?
It prohibits disability discrimination by all state and local government entities, such as public schools, transportation, and courts, ensuring that their programs, services, and activities are accessible.
What does Title III of the ADA cover?
It prohibits discrimination in places of "public accommodation," which are private businesses open to the public, such as restaurants, hotels, theaters, and retail stores. It requires these businesses to be accessible to people with disabilities.
Under the ADA, what is a "reasonable accommodation"?
A modification or adjustment to a job, work environment, or business practice that enables a qualified individual with a disability to participate. Examples include installing a ramp, providing a sign language interpreter, or modifying a work schedule.
When can an employer or business legally refuse to provide a reasonable accommodation under the ADA?
They can refuse if the accommodation would cause an "undue hardship," which is defined as an action requiring significant difficulty or expense relative to the entity's size and resources.
What was the purpose of the ADA Amendments Act of 2008 (ADAAA)?
It was passed to broaden the definition of "disability," making it easier for individuals to be covered by the ADA's protections. It reversed several Supreme Court decisions that had interpreted the definition of disability narrowly.
What is the focus of the Individuals with Disabilities Education Act (IDEA)?
IDEA is a federal law that ensures all children with disabilities have access to a "free appropriate public education" (FAPE) tailored to their unique needs through the development of an Individualized Education Program (IEP).
What standard of review do courts typically use for laws that classify people based on disability?
Rational basis review. While protected by numerous statutes, disability is not a suspect or quasi-suspect classification under the Equal Protection Clause, so laws that treat people with disabilities differently only need a rational basis.
