Disability Act USA

Disability Act USA

Disability Act

• The Americans with Disabilities Act (ADA) became law in 1990.
• The ADA is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public.
• The purpose of the law is to make sure that people with disabilities have the same rights and opportunities as everyone else.
• The ADA is divided into five titles (or sections) that relate to different areas of public life.

Definition of Disability under ADA:-

• The ADA's first definition of disability states that a disabled person is someone who has a mental or physical impairment that prevents participation in major life activities.
• If an individual has a record or history of such impairment, he is considered disabled. Finally, if the individual is regarded as having a mental or physical impairment, the individual is considered disabled under the ADA's first definition of disability.

SALIENT FEATURES:-

Title I – Employment:-

• Helps people with disabilities access the same employment opportunities and benefits available to people without disabilities.
• Applies to employers with 15 or more employees.
• Requires employers to provide reasonable accommodations to qualified applicants or employees. A “reasonable accommodation” is a change that accommodates employees with disabilities so they can do the job without causing the employer “undue hardship” (too much difficulty or expense).
• Defines disability, establishes guidelines for the reasonable accommodation process, and addresses medical examinations and inquiries.
• Regulated and enforced by the U.S. Equal Employment Opportunity Commission.

Title II - Public Services: State and Local Government:-

• Prohibits discrimination on the basis of disability by “public entities” such as state and local government agencies.
• Requires public entities to make their programs, services and activities accessible to individuals with disabilities.
• Outlines requirements for self-evaluation and planning; making reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination; identifying architectural barriers; and communicating effectively with people with hearing, vision and speech disabilities.
• Regulated and enforced by the U.S. Department of Justice.

Title III - Public Accommodations and Services Operated by Private Entities:-

• Prohibits places of public accommodation from discriminating against individuals with disabilities.
• Public accommodations include privately owned, leased or operated facilities like hotels, restaurants, retail merchants, doctor’s offices, golf courses, private schools, day care centers, health clubs, sports stadiums, movie theaters, and so on.
• Sets the minimum standards for accessibility for alterations and new construction of commercial facilities and privately owned public accommodations. It also requires public accommodations to remove barriers in existing buildings where it is easy to do so without much difficulty or expense.
• Directs businesses to make "reasonable modifications" to their usual ways of doing things when serving people with disabilities.
• Requires that businesses take steps necessary to communicate effectively with customers with vision, hearing, and speech disabilities.
• Regulated and enforced by the U.S. Department of Justice.

Title IV – Telecommunications:-

• Requires telephone and Internet companies to provide a nationwide system of interstate and intrastate telecommunications relay services that allows individuals with hearing or speech disabilities to communicate over the telephone.
• Requires closed captioning of federally funded public service announcements.
• Regulated by the Federal Communication Commission.

Title V - Miscellaneous Provisions:-

• Contains a variety of provisions relating to the ADA as a whole, including its relationship to other laws, state immunity, its impact on insurance providers and benefits, prohibition against retaliation and coercion, illegal use of drugs, and attorney’s fees.
• Provides a list of certain conditions that are not considered disabilities.

Purpose of the Act:-

• The Americans with Disabilities Act (ADA) is a law that guarantees everyone has the same opportunity to enjoy and participate in American life.
• A person with a disability under the law is someone who has a physical or mental impairment that substantially limits one or more life activities.
• Life activities include learning, working, self care, performing manual tasks, walking, hearing and many more.

What Qualifies as an ADA Disability?

• The ADA defines a physical impairment as a physiological disorder or condition, anatomical loss, or cosmetic disfigurement that impacts one or more of these body systems:
• Neurological
• Special-sense organs
• Musculoskeletal
• Digestive
• Cardiovascular
• Respiratory
• Reproductive
• Hemic and lymphatic
• Endocrine
• Skin
• Genitourinary

Autism CARES Act of 2019

• The Autism CARES Act of 2019 was passed on September 30, 2019 as an expansion of the original Autism CARES Act of 2006. This new law extends services and funding for autism and autism research for the next five years.
  
  The Autism CARES Act of 2019 is responsible for the following:-
• Increases funding for autism research.
• Supports and reauthorizes programs that provide services for people with autism.
• Empowers the Interagency Autism Coordinating Committee (IACC) on federal reporting and surveying current autism services.
• Aims to improve services for the autistic community throughout a person’s entire lifespan.

Benefits of Autism Cares Act:-

With autism-related legislation leading up to and including the Autism CARES Act of 2014, more than $3.1 billion of federal funding was dedicated to autism. With the Autism CARES Act of 2019, an additional $1.8 billion in funding is allocated over a five-year period.

This funding is applied to help the autistic community in a variety of ways:

• Provides more funding for research. This eventually means more information on the potential causes of autism and effective treatment options.
• Reauthorizes programs aimed at improving quality of life for people with autism.
• Continues to support services and programs that help people with autism.
• Expands additional services to include support for autistic adults since autism is a lifelong disorder.
• Provides improved early detection training for medical providers, which can enhance early intervention services.
• Expands autism services within diverse populations.

Legislation like the Autism CARES Act of 2019 is essential to helping these individuals. Thanks to ongoing federal funding, many of these children and adults can access services that are truly life-changing for them and their families.

The research funded by the legislation can pioneer discoveries, therapies, and resources that change the landscape of autism in the U.S. It’s repeatedly been shown that public policy like this can strengthen the ability of individuals with autism and other developmental disabilities to achieve the best possible outcomes in life.