5 Things You May Not Know About the ADA

According to Disability.gov, here are a few things you may not know about the ADA:

1. A New Perspective on Disability Facts and Figures. In preparation for the anniversary of the Americans with Disabilities Act (ADA) in July, the U.S. Census Bureau released its collection of the most recent data pertaining to Americans with disabilities. The numbers are striking. Approximately 57 million Americans have a disability. Since this figure may be difficult to comprehend, let’s look at some facts for comparison: There are more people with disabilities living in America than the entire population of Canada or the Caribbean. The number of Americans with vision impairments is comparable to the entire population of Switzerland, and there are more Americans with hearing impairments than in all of Denmark, Paraguay or Hong Kong. If you take the population of Ireland and cut it in half, that’s roughly the number of Americans living with Alzheimer’s or other neurocognitive disorders. More Americans with disabilities require the assistance of others to perform basic activities of daily living than the entire population of Greece. 


2.  Breaking Down the ADA. The ADA of 1990, including its Amendments Act of 2008 (ADAAA), covers five areas:
• Title I requires employers with 15 or more employees to treat qualified individuals with disabilities equally in all stages of employment. From the hiring process to full employment, this includes compensation, benefits, trainings, promotions and other aspects, such as offering reasonable accommodations to workers with disabilities. This section also restricts hiring managers from asking certain questions about an applicant’s disability during the hiring process or retaliating against someone for opposing discriminatory employment practices.
• Title II prohibits public entities like state or local government agencies from discriminating against individuals with disabilities. All programs and services, such as public transportation, recreational activities, courts and town meetings, should be available to people with disabilities. State and local government buildings must be accessible, and accommodations should be available to communicate effectively with those who have vision, speech or hearing disabilities.
• Title III requires public accommodations and commercial facilities to offer equal access and treatment, effective communication and removal of existing barriers for people with disabilities. Examples of such facilities include restaurants, retail stores, hotels, movie theaters, private schools, convention centers, doctors' offices, homeless shelters and recreational facilities. Any altered or newly constructed buildings must follow architectural and design standards to ensure accessibility. Classes and examinations for professional, educational or trade-related purposes, licensing and certifications should be accessible to people with disabilities or alternative arrangements must be offered.
• Under Title IV, telecommunications companies must establish telecommunications relay services for callers with hearing and speech disabilities.
• Title V includes various provisions not necessarily covered by other titles, but have been used to clarify applying the law. This section notes that the ADA does not invalidate or override any other federal, state or local laws that provide equal or greater protections for people with disabilities. It also defines conditions not covered under the term “disability,” as defined by the ADA.


3. Job Accommodations enable people with disabilities to perform essential job functions, be productive and accomplish work tasks with greater ease and independence. Examples include modifications such as ergonomic desk chairs, reserved parking, flexible schedules, telecommuting, alternate workstations and periodic rest, food or bathroom breaks. According to the Job Accommodation Network (JAN), a free source of expert one-on-one guidance on workplace accommodations and disability employment issues, nearly 60 percent of the accommodations needed by workers with disabilities cost absolutely nothing, and only 36 percent of employers incurred a one-time cost of roughly $500. JAN's publication, the Employees' Practical Guide to Requesting and Negotiating Reasonable Accommodations under the Americans with Disabilities Act (ADA)summarizes the provisions of the ADA, common accommodation issues and JAN's practical solutions for resolving them. For additional guidance on reasonable accommodations and enforcement, visit the Equal Employment Opportunity Commission (EEOC) website.


4. The Rights of Pregnant Workers are generally protected by three laws: the ADA Amendments Act (ADAAA), the Family and Medical Leave Act (FMLA) and the Pregnancy Discrimination Act (PDA). Although pregnancy is not considered a disability under the ADAAA, pregnancy-related impairments, such as gestational diabetes, severe nausea, sciatica or preeclampsia, may be recognized as a disability and could require an accommodation. Nursing mothers also have protections under the Fair Labor Standards Act. According to the National Partnership for Women and Families, 10 states and two cities have implemented laws requiring employers to provide reasonable accommodations for pregnancy. These include Alaska, California, Connecticut, Hawaii, Illinois, Louisiana, Maryland, New Jersey, Texas and West Virginia, in addition to New York City and Philadelphia. The Women’s Legal Defense and Education Fund’s interactive map details pregnancy discrimination laws, as well as breastfeeding and leave rights, in each state. An article from the Society for Human Resource Management (SHRM), “Accommodating Pregnant Employees,” highlights real-life situations and offers helpful suggestions on reasonable accommodations for pregnant workers. If you feel you have been discriminated against, visit the EEOC’s Pregnancy Discrimination page, which provides contact and other useful information about how to file a complaint.


5. Technology and the ADA. Let’s first discuss the difference between accessible technology and assistive technology. Accessible technology can be used by people with a wide range of abilities, whether they use assistive technology or not. Assistive technology allows individuals with disabilities to perform tasks or functions they might otherwise be unable to do. For example, someone with low vision may not be able to read a book without a video camera magnifier. Under the ADA, governments and public entities must provide devices temporarily to help individuals with disabilities access their programs and services. A movie theater should loan you an assistive listening device if you have a hearing disability. The Assistive Technology, Accommodations and the Americans with Disabilities Act brochure from the ILR School at Cornell University explains more fully how assistive technology is covered under the ADA. If you are interested in learning more, the ADA Online Learning Center offers webinars on a variety of technology-related topics.