Americans With Disability Act Issues

Americans With Disability Act Issues

History and Intent of the Americans with Disabilities Act of 1990

Until the second half of the 20th century, there were very few legal protections against outright discrimination in American society. Prior to the civil rights era in general and the Civil Rights Act of 1964 in particular, it was routine for business proprietors and landlords to post signs that read "No Negroes Need Apply" or "No Jews Needs Apply." Other immigrant such as the Italians and Irish encountered very similar discrimination throughout much of the 19th century. Females were also routinely discriminated against and sexually harassed in the workplace environment without any legal recourse. Naturally, the physically and mentally disabled were equally subject to discrimination in the workplace and in other areas of American society more generally.

That situation began to change for the better with the introduction of the Civil Rights Act of 1964 under the presidential administration of Lyndon B. Johnson, but most of the progress in rights and protection against discrimination were focused on the members of racial, ethnic, and religious minorities. Even those groups, known as "suspect classes" in the language of the Supreme Court in matters of applying the right level of judicial scrutiny, still endured substantial discrimination, especially in states with histories of racial segregation and persecution. Likewise, in the reality of life, many minority groups (and women) still lacked any realistic means for protecting their civil rights when they were violated even after they existed on paper, especially behind closed doors.

Their situations improved dramatically in that respect in the subsequent decades, but it was not until 1990 that individuals with physical, mental, and psychological disabilities even had the benefit of legislation to protect them from the same kinds of discrimination and prejudices in society. They suffered many of the same forms of discrimination until the presidential administration of George H.W. Bush passed the Americans with Disabilities Act of 1990. The main purpose of the ADA was just to ensure that people with disabilities would have the benefit of the same rights and protections of law and public policy in the fundamental areas to employment, education, housing, public transportation, and the same access to public facilities as other, non-disabled, people enjoy in contemporary society.

Organization and Operation of the ADA

The ADA is organized into three sections called titles including Title I (Employment Rights Discrimination), Title II (Transportation), and, Title III (Equal Public Access). Since the ADA was enacted and implemented, those situations have improved dramatically for all of those who are eligible for its protections. Specifically, the ADA recognizes disability that results from physical or psychological disabilities that have detrimental effects on any part of life that is considered a "major life activity." Generally, those activities are those that are, ordinarily, "basic components" of a person's life. Typical examples of "basic components" of a "major life activity" would be seeing, hearing, walking, communicating, and learning.

Title I also prohibits any form of discrimination in hiring and promotions against the disabled. American with Disabilities Act Title II requires all state and local governments and municipalities to make "reasonable accommodations" to enable the disabled fair access to their buildings and facilities, and to the equipment of their public transportation systems. American with Disabilities Act Title III establishes similar obligations on private businesses and on most other commercial facilities that are generally open to the public.

Relevance to the Modern Workplace and Health Information Management

In the modern workplace, ADA Title I requires businesses that employ more than 15 employees to make "reasonable accommodations" deemed necessary to help disabled people overcome the challenges of their disabilities in the context of their vocational responsibilities. In that context, "reasonable" is defined as accommodations that do not impose an unreasonable burden (i.e. financial costs or administrative issues) on the entity subject to ADA compliance.