Home
News
I am often aghast at the total lack of knowledge people have regarding disability-rights laws. Not only are people without disabilities lacking understanding of applicable laws, so too are people with disabilities. There’s a wealth of misunderstanding, confusion, and outright ignorance out there. It’s time to dig into the laws.
There are multiple laws covering different areas of disability rights. The Americans with Disabilities Act (ADA) is the most well known. However, the ADA does not apply in all situations.
Not to fear, many other laws do apply.
The ADA covers employment for people with disabilities in private businesses that have 15 or more employees and state and local governments.
What, you say, the ADA doesn’t cover the federal government as an employer? No, it doesn’t. There’s a reason why: Federal employees with disabilities already are covered under the Rehabilitation Act of 1973.
The employment provisions adopted by the ADA are very similar to the employment provisions of the Rehabilitation Act. Believe it or not, the feds led the way.
Wait a minute, you say. The ADA does not cover private employers with fewer than 15 employees? Correct.
First of all, keep in mind that the ADA is a minimum standard. It doesn’t cover everything. It’s a start. In this situation, many states have their own laws covering private employers with fewer employees. You’ll have to do some digging into state laws to get more information.
Jumping in further, Title I of the ADA covers employment. Title II covers state and local governments, including access to programs and public transportation.
Title III covers what is called “public accommodations,” which means private businesses offering goods and services to the public. It applies to for-profit and non-profits organizations. It includes physical accessibility, access to goods and services and private transportation services.
Title IV of the ADA covers telecommunication standards, including relay services for people with hearing and speech disabilities and closed captioning.
There are important exclusions to the ADA. Churches, private clubs, and Native American tribes are excluded.
Housing is not covered by the ADA. That is covered by the Fair Housing Act. Although the ADA does cover airports, it does not cover you once you are on the airplane. That would be the Air Carrier Access Act.
In addition to federal employment, the Rehabilitation Act of 1973 covers access to federal programs and requires contractors receiving federal funding to abide by its standards.
The Architectural Barriers Act covers physical accessibility of federal buildings.
The Individuals with Disabilities Education Act covers K-12 public schools.
Some people with disabilities mistakenly believe that the ADA is an entitlement program which will offer them financial compensation, employment services or advocacy services. Wrong. The ADA is a civil-rights law, which prohibits discrimination based on disability. That’s it. No services involved.
Want more information? Title V of the ADA, the miscellaneous section, includes a provision funding 10 regional Disability and BusinessTechnicalAssistanceCenters (DBTAC’s). Call (800) 949-4232 and ADA information specialists are poised and ready to answer your ADA questions. If your question is not ADA related, generally these folks can direct you to where you might be able to get information on other laws.
The DBTACs also provide training in ADA issues and disability etiquette. Our region’s DBTAC is the Rocky Mountain ADA Center, which is located in Colorado Springs and covers Colorado, Utah, Wyoming, Montana, South Dakota and North Dakota.
• Good websites for more information include:
• Rocky Mountain ADA Center: www.adainformation.org
• Department of Justice ADA Home Page: www.ada.gov
• Fair Housing Act: www.fairhousingfirst.org
• The Legal Center for People with Disabilities: www.thelegalcenter.org
There are multiple laws covering different areas of disability rights. The Americans with Disabilities Act (ADA) is the most well known. However, the ADA does not apply in all situations.
Not to fear, many other laws do apply.
The ADA covers employment for people with disabilities in private businesses that have 15 or more employees and state and local governments.
What, you say, the ADA doesn’t cover the federal government as an employer? No, it doesn’t. There’s a reason why: Federal employees with disabilities already are covered under the Rehabilitation Act of 1973.
The employment provisions adopted by the ADA are very similar to the employment provisions of the Rehabilitation Act. Believe it or not, the feds led the way.
Wait a minute, you say. The ADA does not cover private employers with fewer than 15 employees? Correct.
First of all, keep in mind that the ADA is a minimum standard. It doesn’t cover everything. It’s a start. In this situation, many states have their own laws covering private employers with fewer employees. You’ll have to do some digging into state laws to get more information.
Jumping in further, Title I of the ADA covers employment. Title II covers state and local governments, including access to programs and public transportation.
Title III covers what is called “public accommodations,” which means private businesses offering goods and services to the public. It applies to for-profit and non-profits organizations. It includes physical accessibility, access to goods and services and private transportation services.
Title IV of the ADA covers telecommunication standards, including relay services for people with hearing and speech disabilities and closed captioning.
There are important exclusions to the ADA. Churches, private clubs, and Native American tribes are excluded.
Housing is not covered by the ADA. That is covered by the Fair Housing Act. Although the ADA does cover airports, it does not cover you once you are on the airplane. That would be the Air Carrier Access Act.
In addition to federal employment, the Rehabilitation Act of 1973 covers access to federal programs and requires contractors receiving federal funding to abide by its standards.
The Architectural Barriers Act covers physical accessibility of federal buildings.
The Individuals with Disabilities Education Act covers K-12 public schools.
Some people with disabilities mistakenly believe that the ADA is an entitlement program which will offer them financial compensation, employment services or advocacy services. Wrong. The ADA is a civil-rights law, which prohibits discrimination based on disability. That’s it. No services involved.
Want more information? Title V of the ADA, the miscellaneous section, includes a provision funding 10 regional Disability and BusinessTechnicalAssistanceCenters (DBTAC’s). Call (800) 949-4232 and ADA information specialists are poised and ready to answer your ADA questions. If your question is not ADA related, generally these folks can direct you to where you might be able to get information on other laws.
The DBTACs also provide training in ADA issues and disability etiquette. Our region’s DBTAC is the Rocky Mountain ADA Center, which is located in Colorado Springs and covers Colorado, Utah, Wyoming, Montana, South Dakota and North Dakota.
• Good websites for more information include:
• Rocky Mountain ADA Center: www.adainformation.org
• Department of Justice ADA Home Page: www.ada.gov
• Fair Housing Act: www.fairhousingfirst.org
• The Legal Center for People with Disabilities: www.thelegalcenter.org
