Americans With Disabilities Act Of 1990 Article Index for
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Americans With Disabilities Act Of 1990




The Americans with Disabilities Act of 1990 (ADA) is the short title of United States Public Law 101-336, 104 Stat. 327 (July 26, 1990), codified at et seq., Signed Into Law on July 26 , 1990 by President George H. W. Bush . The ADA is a wide-ranging 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. Disability is defined "a physical or mental impairment that substantially limits a major life activity." The determination of whether a particular condition is a disability is made on a case by case basis. Certain specific conditions are excluded as disabilities, such as current substance abusers and Transsexual ity.


STRUCTURE

The ADA consists of three introductory sections and five titles:
  • Introductory Sections

  • ---Table of Contents

  • ---Findings and Purposes

  • ---Definitions

  • Main Section

  • ---Title I - Employment

  • ---Title II - Public Services (and public transportation)

  • ---Title III - Public Accommodations (and Commercial Facilities)

  • ---Title IV - Telecommunications

  • ---Title V



GROUPS WHO WORKED TO PASS THE ADA

The ADA is notable because many disparate groups came together for a common purpose. In addition, other Civil Rights groups outside the disability community helped.


QUOTE

On signing the measure, George H. W. Bush said,
"I know there may have been concerns that the ADA may be too vague or too costly, or may lead endlessly to litigation. But I want to reassure you right now that my administration and the United States Congress have carefully crafted this Act. We've all been determined to ensure that it gives flexibility, particularly in terms of the timetable of implementation; and we've been committed to containing the costs that may be incurred.... ''Let the shameful wall of exclusion finally come tumbling down.''"
added, see References for the URL


Criticism

The ADA is frequent target of right-wing radio. Conservatives criticize the ADA because it is overinclusive. First, conservatives claim that lesser disabilities including Clinical Depression or minor neck or back pain (see Neuropathy ) are being accomodated when they should not be. Second, the ADA allegedly creates a class of "professional plaintiffs" who make a living out of collecting monetary damages from noncompliant businesses.

No statistics have been proffered to support either of these claims; in fact, the judicial system can handle frivolous lawsuits with Summary Judgment .

Libertarians believe Accommodation Laws imperissibily restrict the Free Market .


The ADA in Popular Culture

The ADA was the target of parody in mid- 1997 after the Equal Employment Opportunity Commission published its ADA guidelines in March. For example, '' The Onion '' satirized the ADA with an article about the passage of the "Americans with No Abilities Act," '' The Simpsons '' ran an episode in which Homer Simpson tried to become grossly obese so he would be exempt under the ADA from a mandatory workplace fitness program, and on an episode of the '' King Of The Hill '', Hank was forced by the ADA to hire a Drug Addict .




REFERENCES

  • Linda Hamilton Krieger, ed., ''Backlash Against the ADA: Reinterpreting Disability Rights'' Ann Arbor: University of Michigan Press, 2003.

  • Mary Johnson, ''Make Them Go Away: Clint Eastwood, Christopher Reeve & The Case Against Disability Rights.'' Louisville, KY: The Advocado Press, 2000.

  • Switzer, Jacqueline Vaughn. ''Disabled Rights: American Disability Policy and the Fight for Equality''. Washington, DC: Georgetown University Press, 2003.

  • Bush, George H. W., ''Remarks of President George Bush at the Signing of the Americans with Disabilities Act''. Available on-line at http://www.eeoc.gov/ada/bushspeech.html.



SEE ALSO



Related categories





ADA constitutionality-related cases

For cases determining the constitutionality of some of the ADA's provisions, see:


EXTERNAL LINKS