The Americans with Disabilities Act: A Critical Step Towards Equality

On July 26, 2023, we celebrated the 33rd anniversary of the Americans with Disabilities Act (ADA), signed into law on July 26, 1990, to ensure that people with disabilities have the same rights and opportunities as everyone else. The ADA is a landmark civil rights law that prohibits discrimination against people with disabilities in all areas of public life, including employment, education, transportation, and public accommodations.

As a deaf person, the Americans with Disabilities Act (ADA) has played a critical role in allowing me to lead a more fulfilling life. The ADA has been instrumental in ensuring I have equal access to opportunities and services often taken for granted by those without disabilities. Without the ADA, I would face countless daily challenges in the workplace, hospitals, and other public places.

However, while the ADA has made significant progress in improving the lives of people with disabilities, much work still needs to be done to achieve true equality. For example, many buildings and public spaces remain inaccessible to individuals with disabilities, and workplace discrimination still occurs.

Despite the challenges, the ADA represents an essential step forward in protecting the rights of people with disabilities like me. It serves as a symbol of ongoing progress. The ADA must continue to be strengthened and improved to ensure everyone has equal opportunities and access to services, regardless of their abilities.

As we look back on these 33 years, we honor the efforts of those who fought for the ADA, and we recommit ourselves to ensuring that it continues to be a beacon of hope and protection for all Americans with disabilities, now and in the future.

How did ADA get started…

The ADA was created because the National Council on Disabilities advised the President and Congress on disability policy and wrote two reports, "Toward Independence" and "On the Threshold of Independence,” in 1986 and 1988. These reports explained that a complete law was necessary to give people with disabilities equal opportunities and rights.

The ADA became a law in 1988. It was created by Senator Lowell Weicker and Representative Tony Coelho based on the council's suggestions. Although some business groups and state governments opposed the bill because of its potential regulations and costs, bipartisan support was gained thanks to the efforts of people with disabilities and their supporters. Senator Tom Harkin and Representative Steny Hoyer revised and reintroduced the bill in 1989.

The ADA became law on July 26, 1990. It was passed by the Senate in September 1989 with a vote of 76 to 8 and by the House in May 1990 with a vote of 377 to 28. President George H.W. Bush signed the ADA into law at a ceremony on the White House lawn. Thousands of people with disabilities attended the ceremony. President Bush said, “Let the shameful wall of exclusion finally come tumbling down."

What does ADA include to protect our rights...

The ADA consists of five titles that cover different areas of life:

• Title I prohibits discrimination in employment based on disability and requires employers to provide reasonable accommodations to qualified individuals with disabilities.

• Title II prohibits discrimination by state and local governments in their programs, services, and activities.

• Title III prohibits discrimination by public accommodations such as hotels, restaurants, theaters, museums, etc., and requires them to make their facilities accessible and remove barriers.

• Title IV requires telecommunications companies to provide relay services for people who are deaf or hard of hearing and requires television broadcasters to provide closed captioning for their programs.

• Title V contains miscellaneous provisions such as protection from retaliation, attorney's fees, and technical assistance.

The ADA was implemented in stages over the following years, depending on the employer's or facility's size. Employers with 25 or more employees had to follow the employment rules by July 1992, while employers with 15 or more employees had to follow them by July 1994. The rules for public facilities started in January 1992, and the rules for telecommunications started in July 1993.

Federal agencies, such as the Department of Justice, the Equal Employment Opportunity Commission, the Department of Transportation, and the Federal Communications Commission enforce the ADA. People can also sue those who violate their rights under the ADA.

Important and influential Supreme Courts cases on ADA rights.

Over time, courts, including the Supreme Court, have applied, and interpreted the Americans with Disabilities Act (ADA) in many cases involving various issues and situations. These cases have helped shape the ADA and its use across the United States. Some of the most important and influential cases include:

• Olmstead v. L.C. (1999), where the Supreme Court ruled that people with disabilities have a right to live in community-based settings rather than institutions if appropriate.

• Sutton v. United Airlines (1999), where the Supreme Court ruled that people who can mitigate their impairments with corrective measures such as glasses or medication are not considered disabled under the ADA.

• Toyota v. Williams (2002), where the Supreme Court ruled that a disability must substantially limit a major life activity central to daily life, not just a specific job.

• Tennessee v. Lane (2004), where the Supreme Court ruled that state governments can be sued for violating Title II of the ADA when they deny access to courts for people with disabilities.

• Board of Trustees of the University of Alabama v. Garrett (2001), where the Supreme Court ruled in favor of the University, stating that Congress could not remove Eleventh Amendment immunity for such claims.

• PGA Tour, Inc. v. Martin (2001), where The Supreme Court ruled for Martin in a 7–2 decision, stating that allowing Martin to use a golf cart would not fundamentally alter the nature of the PGA Tour's tournaments.

These cases have provided important guidance and clarification on the scope of the ADA and have helped to ensure that individuals with disabilities are protected from discrimination and are afforded equal opportunities in all aspects of life.

ADA has been amended several times…

The ADA has been amended several times to clarify or expand its scope and coverage. The most significant amendment was the ADA Amendments Act (ADAAA) of 2008, signed into law by President George W. Bush on September 25, 2008, and went into effect on January 1, 2009. The ADAAA overturned some restrictive Supreme Court decisions and broadened the definition of disability to include more people with impairments that affect major life activities.

The ADA has transformed the lives of millions of people with disabilities in the United States and inspired other countries to adopt similar laws. The ADA has increased access and opportunity for people with disabilities in education, employment, health care, transportation, communication, recreation, and civic participation. The ADA has also raised awareness and respect for the dignity and diversity of people with disabilities.

As I have said earlier, the ADA is not a perfect law and does not guarantee full equality and inclusion for people with disabilities. There are still many barriers and challenges that people with disabilities face daily, such as discrimination, stigma, poverty, isolation, violence, and lack of services. There is still much work to be done to ensure that the promise and potential of the ADA are fulfilled for all people with disabilities.

As a person with a disability, what you should do….

If you are a person with a disability who has experienced discrimination or violation of your rights under the ADA, you can take action to protect yourself and seek justice. Here are some steps you can take:

• Know your rights. Learn about the ADA and how it applies to your situation. You can find information and resources on the websites of the ADA National Network, the Department of Justice, and other federal agencies that enforce the ADA.

• Document the discrimination. Keep a record of what happened, when, where, how, and who was involved. Collect evidence supporting your claim, such as letters, emails, photos, videos, etc.

• File a complaint. Depending on the type of discrimination and the entity involved, you can file a complaint with the appropriate federal, state or local agency that enforces similar laws. You can find information on how to file a complaint on the websites of federal agencies or contact them by phone or email.

• Seek legal assistance. Suppose you need help with filing a complaint or pursuing a lawsuit. In that case, you can contact a lawyer who specializes in disability rights or a legal aid organization that provides free or low-cost services to people with disabilities. You can find a list of such organizations on the website of the National Disability Rights Network.

• Join a community. You are not alone in your struggle for justice and equality. You can connect with other people with disabilities who have similar experiences or interests and share your stories, support, and resources. You can find local, state, or national organizations that advocate for disability rights on the website of the Disability Rights Education and Defense Fund.

The ADA is a powerful tool that can help you achieve your goals and dreams as a person with a disability. However, it is up to you to use it effectively and assertively. Remember that you have rights and responsibilities under the law and that you have the power to make a difference in your own life and society.