The Americans with Disabilities Act was signed into law by President George H. W. Bush on July 26, 1990, to protect persons with disabilities from discrimination when accessing areas of American society, from parking to polling stations, government services and child care, and even web content, algorithms, and artificial intelligence.
More than 56 million people in America have a disability.
How does the ADA define “disability”?
“Disability,” as defined under the ADA, is intentionally broadly defined “in favor of expansive coverage” for protection under federal law and, therefore, does not articulate a list of qualifying medical conditions like a medical definition would. States can also extend additional rights based on broader definitions.
Under the ADA, a person with a disability is legally (as opposed to medically) defined as someone:
- With a physical or mental impairment that substantially limits one or more major life activities
- With a history or record of an impairment
- Who is regarded as having such an impairment, even if they do not actually have a disability
In regards to the first definition, a “major life activity” that an impairment can “substantially limit” is defined as any basic activity that most people can perform with little or no difficulty. A person can be substantially limited in this way, even if the activity is not completely or severely limited. However, individual assessment is required to meet this definition under ADA rules. And according to the ADA National Network—a resource that provides information, guidance, and training on the law—an impairment that limited these abilities “beyond what most people can do would be considered ‘substantial.’”
An example of a person with a history or record of an impairment is someone who had cancer but is now in remission. They have a record of their disability, as defined under the ADA, but are currently cancer-free. Under the ADA, that person is protected from discrimination—for example, in the case of employment—because of this history and the projected fear that it could impair their future ability.
Perhaps the most useful definition of someone who is “regarded as” having a mental or physical impairment—and their subsequent protection under the ADA—is someone whose major life activities are impaired as a result of the attitudes of others toward them. The ADA National Network gives the example of someone with burn scars on their face being denied employment because their condition is considered an impairment from working with customers.
Under federal law, there are also definitions within the definition of “disability.” A physical or medical impairment is considered as follows:
- “Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems, such as: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, immune, circulatory, hemic, lymphatic, skin, and endocrine”
- “Any mental or psychological disorder such as intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disability.”
The ADA Amendments Act of 2008 (ADAAA), signed by President Barack Obama on September 25, 2008, expanded the definition of disability, thereby expanding the scope of protection that had been narrowed by several Supreme Court decisions that had made it difficult for a complainant to prove that their impairment qualified as a “disability.” The ADAA expanded the definition of what qualifies as a “major life activity,” redefined who is “regarded as” having a disability, modified the definition of what impairment “substantially limits” a major life activity, and included any impairment that is episodic or in remission as long as it would “substantially limit” a major life activity when active.
What are the five titles of the ADA?
The law lays out specific requirements for accessing spaces and is divided into five titles (or sections): Employment, Public Services, Public Accommodations, Telecommunications, and a “Miscellaneous Provisions” title, a catchall section that refers to other requirements under the ADA. Found under the miscellaneous section are guidelines for subsections, including architectural and transportation compliance, regulatory authority for construction, technical assistance, attorney’s fees, wilderness land management, and dispute resolution.
One of the most noteworthy provisions under the miscellaneous title of the ADA refers to how to implement the law once a person asserts that their rights have been violated, making plain that retaliation, intimidation, and coercion are unlawful. The title also clearly states that the ADA’s rights and protections extend to bodies of Congress and that, under the Eleventh Amendment, this law also extends to states, which can be found in violation of the ADA and brought to court.
Who is not protected by the ADA?
A notable provision excludes “transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders, compulsive gambling, kleptomania, pyromania, psychoactive substance use disorders resulting from current illegal use of drugs” from being defined as a “disability.”
Under this provision, homosexuality and bisexuality cannot be considered “impairments.”
While the ADA does not protect individuals “currently illegally using drugs,” it does protect them in recovery from opioid substance use, specifically protecting those participating in drug rehabilitation programs or under medication prescribed by a licensed medical professional.
How is the ADA enforced?
Under the ADA, disability rights are civil rights under the jurisdiction of the Department of Justice, Civil Rights Division. However, several federal agencies are responsible for enforcement since the ADA also overlaps with disability rights laws covered under other laws. For example, the Fair Housing Act protects against housing discrimination, both public and privately owned, so complaints about accessibility violations would, therefore, be filed with the Department of Housing and Urban Development. Employment discrimination would be filed with the Equal Employment Opportunity Commission (EEOC), and air travel complaints would be filed with the Department of Transportation.
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