(42 U.S.C. § 12101) is a civil rights law that prohibits discrimination based on disability. It affords similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964, which made discrimination based on race, religion, sex, national origin, and other characteristics illegal, and later sexual orientation and gender identity.
In addition, unlike the Civil Rights Act, the ADA also requires covered employers to provide reasonable accommodations to employees with disabilities and imposes accessibility requirements on public accommodations
The bill was signed into law on July 26, 1990, by President George H. W. Bush. It was later amended in 2008 and signed by President George W. Bush with changes effective as of January 1, 2009.
Legal Rights, 6th Ed
Print book also available. The standard handbook on law affecting deaf and hard of hearing people has been completely rewritten and updated. The sixth edition of Legal Rights: The Guide for Deaf and Hard of Hearing People meticulously describes those statutes that prohibit discrimination against deaf and hard of hearing people, and any others with physical challenges. Written in easy-to-understand language, the new edition describes the core legislation and laws and their critical importance since their inception: The Rehabilitation Act of 1973, the Individuals with Disabilities Education Act (IDEA), and the Americans with Disabilities Act (ADA). The new Legal Rights also explains the significant amendments to these laws, including the ADA Amendments Act (ADAAA) and new regulations to its Title II concerning public entities and Title III pertaining to public accommodations and commercial facilities. The reauthorization of IDEA expanded the No Child Left Behind Act requirement for highly qualified teachers to all students with disabilities. This new edition also tracks the trend of passing a Deaf and Hard of Hearing Children's Bill of Rights in a growing number of state legislatures. This completely new resource also delineates new legislation such as the Twenty-First Century Communications Video and Accessibility Act, which ensures access to the newest communications technology for deaf and hard of hearing people. Legal Rights also includes information on the use of interpreters in the legal system, securing its position as the most comprehensive reference of legal information for deaf and hard of hearing people now available.
Disabling Interpretations
The Americans with Disabilities Act (ADA) of 1990 was intended to send a clear message to society that discrimination on the basis of disability is unacceptable. As with most civil rights laws, the courts were given primary responsibility for implementing disability rights policy. Mezey argues that the act has not fulfilled its potential primarily because of the judiciary's "disabling interpretations" in adjudicating ADA claims. In the decade of litigation following the enactment of the ADA, judicial interpretation of the law has largely constricted the parameters of disability rights and excluded large numbers of claimants from the reach of the law. The Supreme Court has not interpreted the act broadly, as was intended by Congress, and this method of decision making was for the most part mirrored by the courts below. The high court's rulings to expand state sovereign immunity and insulate states from liability in damage suits has also caused claimants to become enmeshed in litigation and has encouraged defendants to challenge other laws affecting disability rights. Despite the law's strong civil rights rhetoric, disability rights remain an imperfectly realized goal.
Enabling Acts
eBook. The first significant book on the history and impact of the ADA-the "eyes on the prize" moment for disability rights The Americans with Disabilities Act (ADA) is the widest-ranging and most comprehensive piece of civil rights legislation ever passed in the United States, and it has become the model for disability-based laws around the world. Yet the surprising story behind how the bill came to be is little known. In this riveting account, acclaimed disability scholar Lennard J. Davis delivers the first behind-the-scenes and on-the-ground narrative of how a band of leftist Berkeley hippies managed to make an alliance with upper-crust, conservative Republicans to bring about a truly bipartisan bill. Based on extensive interviews with all the major players involved including legislators and activists, Davis recreates the dramatic tension of a story that is anything but a dry account of bills and speeches. Rather, it's filled with one indefatigable character after another, culminating in explosive moments when the hidden army of the disability community stages scenes like the iconic "Capitol Crawl" or an event some describe as "deaf Selma," when students stormed Gallaudet University demanding a "Deaf President Now!" From inside the offices of newly formed disability groups to secret breakfast meetings surreptitiously held outside the White House grounds, here we meet countless unsung characters, including political heavyweights and disability advocates on the front lines. "You want to fight?" an angered Ted Kennedy would shout in an upstairs room at the Capitol while negotiating the final details of the ADA. Congressman Tony Coelho, whose parents once thought him to be possessed by the devil because of his epilepsy, later became the bill's primary sponsor. There's Justin Dart, adorned in disability power buttons and his signature cowboy hat, who took to the road canvassing fifty states, and people like Patrisha Wright, also known as "The General," Arlene Myerson or "the brains," "architect" Bob Funk, and visionary Mary Lou Breslin, who left the hippie highlands of the West to pursue equal rights in the marble halls of DC. Published for the twenty-fifth anniversary of the ADA, Enabling Acts promises to ignite readers in a discussion of disability rights by documenting this "eyes on the prize" moment for tens of millions of American citizens.
The Disability Rights Movement
In this updated edition, Doris Zames Fleischer and Frieda Zames expand their encyclopedic history of the struggle for disability rights in the United States, to include the past ten years of disability rights activism.The book includes a new chapter on the evolving impact of the Americans with Disabilities Act, the continuing struggle for cross-disability civil and human rights, and the changing perceptions of disability. The authors provide a probing analysis of such topics as deinstitutionalization, housing, health care, assisted suicide, employment, education, new technologies, disabled veterans, and disability culture. Based on interviews with over one hundred activists, The Disability Rights Movement tells a complex and compelling story of an ongoing movement that seeks to create an equitable and diverse society, inclusive of people with disabilities.
The Disability Pendulum
Signed into law in July 1990, the Americans with Disabilities Act (ADA) became effective two years later, and court decisions about the law began to multiply in the middle of the decade. In The Disability Pendulum, Ruth Colker presents the first legislative history of the enactment of the ADA in Congress and analyzes the first decade of judicial decisions under the act. She assesses the success and failure of the first ten years of litigation under the ADA, focusing on its three major titles: employment, public entities, and public accommodations. The Disability Pendulum argues that despite an initial atmosphere of bipartisan support with the expectation that the ADA would make a significant difference in the lives of individuals with disabilities, judicial decisions have not been consistent with Congress' intentions. The courts have operated like a pendulum, at times swinging to a pro-disabled plaintiff and then back again to a pro-defendant stance. Colker, whose work on the ADA has been cited by the Supreme Court, offers insightful and practical suggestions on where to amend the act to make it more effective in defending disability rights, and also explains judicial hostility toward enforcing the act.
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