How to Enforce Employment Rights Under the Americans with ...

A. Introduction to The Americans With Disabilities Act (ADA) And ThisGuide1. OverviewOftentimes, people with disabilities do not have an equal opportunity to work or advance intheir employment. People with disabilities are often restricted in employment opportunities bymany different kinds of barriers. Some face physical obstacles that either make it difficult orimpossible to get into and around a workplace or to use equipment. Some are excluded becausethey communicate differently than their co-workers. Still others are excluded because of rigidwork schedules that do not permit flexibility for people with special needs because of a disability.In other cases, people are denied opportunities, not because of actual barriers, but becauseof prejudice. These are the barriers in other people's minds: fears, stereotypes, presumptions, andmisconceptions about job performance, safety, absenteeism, costs, or lack of acceptance by coworkersand customers.On July 26, 1990, Congress passed the Americans with Disabilities Act (ADA), whichprovides major civil rights protections to individuals with disabilities. The intent of this federallaw is to reduce barriers to people with disabilities and provide equal opportunities in employment,public accommodations, public services, transportation, and telecommunications. The varioustitles of the ADA affect many aspects of the lives of people with disabilities. Title I makes it unlawful to discriminate in employment against qualified peoplewith disabilities. Title II makes it unlawful for state and local governments and their agencies todiscriminate on the basis of disability in programs and services, including publictransportation. Title III prohibits discrimination on the basis of disability in access and enjoymentof public accommodations and commercial facilities, such as hotels, motels,restaurants, professional offices, convention centers, stores, banks, museums, parks,schools, and recreational facilities. Title IV requires accessibility of telecommunication services to hearing impairedpersons and other individuals with disabilities.1