How the ADA Came to Be

On July 26th, we celebrate the 35th anniversary of the passage of the Americans with Disabilities Act (ADA). This legislation was the result of passionate disability rights advocates raising awareness that the United States did not provide sufficient accommodations for people with disabilities in the communities where they live, learn, and work. This grew into the independent living movement which advocated that people with disabilities can make their own decisions about living, working, academics, and community involvement.

One of the most iconic moments in the history of disability activism, the “Capitol Crawl”, took place in 1990 to push legislators to pass the ADA. Individuals who used mobility aids (wheelchairs, crutches, walkers, etc.) set those aids aside and literally pulled themselves up the steps of the Capitol Building here in DC, creating some of the most impactful images, messaging, and publicity concerning how physical barriers create undue burdens on people with disabilities. Later that year, the ADA was signed into law by President George H.W. Bush, beginning the long battle to implement substantial protections and changes to how Americans with disabilities work and live.

Who Does the ADA Protect?

The protections of the ADA cover individuals with a “physical or mental impairment that substantially limits one or more major life activities of such individual,” those who have a “record of such an impairment,” or are “regarded as having such an impairment” by others.

What Rights Does the ADA Include?

Employment, transportation, and public spaces have seen the most change in the last thirty-five years.Title I of the ADA applies to employers with 15 or more employees, including state and local governments and labor unions. It prevents employers from discriminating against people with disabilities and requires that people with disabilities must have equal opportunity in the hiring process and opportunities to advance in the workplace once hired.

Title II addresses the accessibility of state and local government services, including public transportation, a key resource for individuals who cannot or choose not to drive due to disability. State and local governments must make sure that people with disabilities have equal access to services like schools, courts, emergency services, and social services. In addition, public transit cannot discriminate against people with disabilities and must make good faith efforts to modify public transportation to make it accessible and, when that is not possible, they must provide other transportation options for people unable to utilize the public transit system.

Title III applies to public accommodations, which are private businesses that are open to the general public like restaurants, hotels, grocery stores, and doctor’s offices. This section is broad to ensure people with all types of disabilities have equal access to all publicly accessible areas of a business. Title III includes physical building requirements that public facilities must meet, such as providing ramps or elevators and communication options for the deaf and blind.

How Does the ADA Protect People with IDD?

Protections within the ADA are all applicable to people with intellectual and developmental disabilities (IDD).

The US Equal Employment Opportunity Commission enforces the employment provisions of the ADA. Some rules it enforces are as follows:

• Employers may not ask whether an applicant has intellectual disability during the hiring process, including anything noted on school documents.
• If IDD is disclosed by an applicant, employers may ask about necessary accommodations, and, if medical information is disclosed, it must be kept confidential.
• Reasonable accommodations for IDD, including assistance reading application materials and the use of alternative methods to show competency, must be provided.

The ADA expands the scope of the Fair Housing Act for people with IDD,5 including the following protections:

• Fair Housing Act protections banning discrimination against people with IDD are extended to apply to public housing programs.
• People with IDD may not be refused housing, forced to live in segregated settings, or be subject to different lease terms and conditions other than ones negotiated to provide reasonable accommodations.

Common reasonable accommodations for people with IDD include aiding in filling out housing application materials and allowing for in-home health aides or other support services. Public accommodation requirements for people with IDD as described in the ADA include:

• Equal access to goods and services.
• Use of alternate communication methods including use of plain language, visual aids, or assistive technology to facilitate participation in public settings.

How QT Can Help

Quality Trust’s legal team can assist people with IDD who may be experiencing disability discrimination in relation to housing, employment, and/or public accommodations. If you or someone you know with IDD needs legal assistance in any of these areas, contact our legal team. We celebrate how the ADA represents a huge step forward in the protection of disability rights, and we recognize there is more work to do be done. Quality Trust continues to advocate for sufficient, increased protections for those with IDD that will allow them to live self-determined lives.