ADA - Americans With Disabilities Act
A Summary of Titles I, II and III

I. Introduction and Table of Contents

II. ADA Background

1. Presidential Mandate
2. Key to ADA - Barrier Removal
3. Civil Rights Protection in Four Basic Needs
4. ADA Titles
5. ADA Definition

III. Title I - Employment

IV. Title II - Public Entities

1. Governments to Remove Barriers
2. Governments Must Complete Self-Evaluation
3. Burden of Proof
4. Transition Plan
5. Responsibility & Grievance Procedures

V. Title III - Private Entities

1. Commercial Facilities vs. Public Accommodations
2. Auxiliary Aids
3. Barrier Removal
4. Readily Achievable Compliance
5. Barrier Removal Plan
6. New Construction
7. Additions and Alterations
8. Employee Work Areas
9. Public Entrances
10. Legal Recourse
11. Tax Incentives

VI. Conclusion

1. Basic Guideline
2. Basic Hardware Requirements

BACKGROUND

The ADA is a bold and comprehensive mandate intended to eliminate one of the key barriers to independent living, discrimination. The ADA is a policy with ambitious goals. It is a policy that requires us to change our thinking about people with disabilities. The ADA demands that we focus on people, not disabilities and focus on what they can do, not on what they cannot do.

In a nutshell the ADA say participation in the mainstream of daily life is an American right, regardless of race, religion, or disability. Therefore, the law is a comprehensive antidiscrimination mandate for persons with disabilities extending to virtually all sectors of society and every aspect of daily living; work, leisure, travel, and communications.

The ADA says that the disabled need to be included in civil rights, protecting them from prejudice and barriers; barriers that prevent the disabled from experiencing normal daily life as an American citizen. Unfortunately, prejudice exists. Other than the good intention of the law, nothing will be done until individuals change their beliefs; not an easy task.

The real accomplishment of ADA will come when barriers are removed. Removal of physical and communication barriers in both public and private places is what ADA is all about. If you remember that basic premise when we get into the law and regulations it is much easier to be practical and use common sense in carrying out the intent of the law.

So far words are cheap. As we begin to implement the ADA, changes will come slowly over many years. Before we move into the specifics of ADA and how this law affects our businesses it is important to understand the basic structure of the law and define a few terms.

The ADA provides comprehensive civil rights protections to persons with disabilities in the areas of employment, state and local government services, public accommodations and tele-communications; four basic needs or rights of all Americans.

The law is then broken down into these four basic areas which are called Titles. Title I deals with equality of employment, Title II deals with equal access to government services, Title III guarantees equal access to private businesses that deal with the public and Title IV makes available telecommunications for the disabled.

In this summary I will briefly touch on Title I: Employment, not deal at all with Title IV, and spend most of the time on Titles II and III, which are the ones that affect the hardware business. Before getting into the specific Titles, it is important to define disability as it is used in the ADA. Let me warn you, as in any government document one definition tends to lead to many more definitions.

The ADA says "disability means, with respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such impairment; or being regarded as having such impairment." They go on to define physical or mental impairment as "any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neorological; musculoskeletal; special sense organs; respiratory, including speech organs: cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine. Any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

The phrase physical or mental impairment includes, but is not limited to, such contagious and non contagious diseases and conditions as orthopedic, visual, speech, and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, specific learning disabilities, HIV disease, tuberculosis, drug addiction, and alcoholism." There are more but that gives you an idea of the size of this group. Some 42,000,000 Americans.

ADA also says that the term disability does not include "transvestism, transexualism, pediophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders; compulsive gambling, kleptomania, or pyromania; or, psychoactive substance use disorders resulting from current illegal use of drugs." These are definently disabilities when it comes to functioning in everyday life but ADA doesn't protect you from prejudice and physical and communication barriers.

If you are a part of this group of 42,000,000 Americans with a disability ADA protects your right to "lead a normal daily life as an American citizen." Having the right and having the ability are two different things. As you can see a lot of people with these disabilities are unable to experience everyday normal life due to the severity of their disability. However, to the extent that they can function, ADA assists them by removing physical and communication barriers. So let's see how they remove these barriers in each of the Titles.