With all that is going on today in reference with the ADA, I thought it prudent to write an article on it and what it means to the disabled community. As most of you may be aware by now, Titles II and III are under attack. The Supreme Court of the United States will decide the constitutionality of the ADA many think by the end of the year 2000. Being informed and then taking the appropriate action is what needs to be done to preserve this wonderful Act.

The ADA is a federal civil rights law for people with disabilities. It covers employment, state and local government services, public accommodations, and telecommunications for the deaf. Civil is defined as belonging to the general public, not the military. Rights are defined as the rights of a citizen. Put them together and the definition is the rights of a citizen who belongs to the general public, not military. What amazes me is that the disabled community had to have legislation passed to ensure these rights. You would think that the Constitution of the United States would have done that. Be it as it may, we needed the ADA to ensure our rights as citizens of the United States.

Why do we need the ADA you might ask? The answer is simple. There are an estimated 54 million Americans with either a physical or mental disability. Many times, these individuals are excluded from main stream America because of other peoples attitudes or because it is physically impossible for them given an inaccessible environment. Strikingly, an estimated 65-70% of disabled people are unemployed. This statistic includes all the disabled, even those with college degrees. The chance of a person becoming disabled is about 20%. The chance that a person will have a family member with a disability is 50%. Given these numbers, you would think that no one would ever challenge the ADA. The reality though is that they are.

The ADA covers all people with disabilities, visible, and hidden. This includes a person with a physical or mental impairment that substantially limits one or more major life functions or a person with a record of such impairment or a person who is regarded as having such impairment. There are also people who are explicitly excluded from coverage and they are current users of illegal drugs, those with "sexual behavior disorders" such as transvestitism or transsexualism and those who have the conditions of compulsive gambling, kleptomania or pyromania. The ADA is pretty specific ha!

The ADA covers housing except for hotels and other temporary housing, buildings with primarily religious or private functions.

What about state and local laws providing rights to people with disabilities? If the state and local laws have stricter requirements, they still apply.

The ADA also protects an individual who is associated with a disabled person against being discriminated. As an example, it is illegal for a restaurant to refuse service to a non- disabled individual because he/she is with a disabled individual. I think that it is sad that we have to make laws to protect us against things like this, don’t you?

Title I of the ADA has to do with employment issues. It states employers with 15 or ore full or part time employees are subject to the provisions of the ADA. Also, employment agencies, labor unions and agencies providing fringe benefits or training programs are covered. Interestingly, at present, a notable Hollywood figure is a leading figure in the attack on the ADA because of an establishment that he owns in Carmel Ca. However, it is my understanding that he has less than 15 employees and is not subject to the provisions of the ADA. Maybe he should read this article.

With regards to protecting disabled persons as employees, the ADA prohibits discrimination against a qualified person with a disability. The operative word here is qualified. An employer doesn’t have to hire you if you are not qualified. There is no affirmative action requirement in the ADA. What does qualified person with a disability mean? This means that the person must be able to perform the essential function of a job with or without a reasonable accommodation. Next question, what does essential functions mean? This means that you need to perform the functions of the job and those tasks that are fundamental to the position. What needs to be done for example is for you to ask to see a job description. Most employers have them for insurance purposes. If you can perform all of the functions in that description, then you are qualified for that position. If you can’t then you aren’t.

Next, what does reasonable accommodation mean, this is defined by the ADA by example and is determined on a case-by-case basis. Examples: making facilities physically accessible, job restructuring, part-time or modified work schedules, reassignments to a vacant job, acquisition or modification of equipment or devices, adjustment or modification of examinations, training materials or policies, providing qualified readers or interpreters ect.. It is you, the disabled person’s responsibility to request an accommodation. You must be treated like any other employee when it comes to health insurance and other benefits.

Let’s talk about Title II. Title II of the ADA deals with state and local government. No state or local government entity may discriminate on the basis of disability in its programs or service. In addition, state and local government entities must assure that all of its programs and services, when view in their entirety, are accessible. Think for a second? Because the law states in its entirety, every program must be accessible but not every facility must be accessible. So if you are in need of a state or local government agency, you may need to travel to get to a facility that is accessible to your disability.

What happens if a government agency contracts with a private entity to facilitate a government program? Are they subject to Title II? Absolutely, if they are not, they are violating the ADA.

Are there specific requirements for transportation under the ADA? Yes there are, under both Title II and Title III. All new public buses and commuter trains must be accessible for people with disabilities. These include lift-equipped, proper signage, warning symbols, ect. for vehicles or trains. Wit regards to trains, at least one car per commuter rain must be accessible. Key stations must be accessible. Intercity rail stations must be accessible by 2010. New buses purchased by private entities not in the business of transportation which seat more than 16 people, need to be accessible. These are hotel car rental shuttle busses. The ADA does not cover air transportation; it is however covered under the Federal Air Carriers Act.

Title III deals with Public Accommodations which is described as any place building or outdoor space, which a member of the public can enter with or without a fee. It does not include "private clubs" and operations owned or operated by religious entities. Categories of public accommodations listed in the ADA are: places of lodging (hotels, motels), establishments serving food and drink, places of exhibition or entertainment, places of public gathering, sale or rental establishments, service establishments, stations used for public transportation, places of public display or collection, places of recreation, places of education, social service centers, places of exercise or recreation.

A public accommodation cannot deny goods or services to a person because of a disability. They also cannot deny services or accommodations to a caregiver of a disabled person. They have to offer services in the most integrated setting possible without offering separate or unequal benefits. A public accommodation must provide if applicable, unless to do so would be a great financial or administrative burden the following: sign language interpreters, assistive listening devices and headsets, brailled, large-print, and taped texts, TV decoders, and TDD/TTY.

The requirements for physical access for public accommodations are as follows: First off, any new public accommodation must meet the ADA guides for access. If a public accommodation is being remodeled, then the remodeled part must be accessible to the "maximum extent feasible" under the ADA. Also, the ADA requires that any organization which offers exams or courses related to secondary or postsecondary education, professional or trade purposes (e.g., SAT’s,etc.) must offer these examinations in an accessible place and in an accessible manner.

Title IV deals with Telecommunications for the Deaf. Any provider of local or long distance telephone service must provide a relay service for people who are deaf so that people with TDD/TTY’s who are calling someone without a TDD/TTY, and vice versa, can make the call through a relay service. Title IV also requires that all public service announcements funded in whole or in part with federal funds must be closed captioned, which means if a person has a special TV decoder, they will be able to see the captioning.

Title V deals with miscellaneous provisions, such as attorney’s fees to the prevailing party in the event of a lawsuit. There shall be no state immunity from action under the ADA, but Congress remains exempt, although it must abide by certain internal requirements. The ADA shall not be construed to require a person to accept an accommodation. The ADA will not prohibit insurance companies to use sound actuarial data.

Finally, there are certain exclusions from the definition of "individual with a disability" they are homosexuals, current illegal drug users, and those with certain conditions, such as compulsive gamblers, kleptomaniacs, pyromaniacs and people with sexual behavior disorders.