Americans with Disabilities Act (ADA)
In 1990, the Americans with Disabilities Act (ADA) was enacted, which prohibits
discrimination against persons because of their disabilities. The ADA serves as a "comprehensive national mandate for the
elimination of discrimination against individuals with disabilities." (42 U.S.C. 12101(b)(1)) The ADA targets three major areas:
- Title I addresses discrimination by employers
- Title II addresses discrimination by governmental entities
- Title III addresses discrimination in public accommodations operated by private entities
ADA Amendments Act of 2008
The ADA Amendments Act of 2008 was signed into law on September 25, 2008 and will go into effect January 1, 2009. The ADA Amendments Act specifically overturns Supreme Court decisions that have caused many people with disabilities to lose important civil rights protections. The Act makes it clear that Congress intended the ADA's coverage to be broad, to cover anyone who faces discrimination because of a disability. The legislation also clarifies the current requirement that an impairment must substantially limit a major life activity in order to be considered a disability. The Act prohibits consideration of mitigating measures in the determination of whether an individual has a disability, with the exception of ordinary eyeglasses and contact lenses. Finally, the bill affords broad coverage for individuals regarded as having a disability under the ADA, but includes a provision to make it clear that accommodations need not be made to someone who is disabled solely because he or she is regarded as having a disability.
Links to resources about the ADA:
The Olmstead Court Decision
In June 1999, the Supreme Court ruled in the case of L.C. & E.W. vs. Olmstead that it is a violation of the Americans with Disabilities Act (ADA) for states to discriminate against people with disabilities by providing services in institutions when the individual could be served more appropriately in a community-based setting. The Court suggested that a state could establish compliance with ADA (1) if it has a comprehensive, effective working plan for placing qualified people in less restrictive, integrated settings, and (2) if there is a waiting list for community-based services, it ensures that people can come off the list at a reasonable pace and receive services.
ProPublica provides a progress summary since the 1995 decision in the Olmstead case in Landmark Case: A Decade After Olmstead, Progress Slow on Disability Rights.
More information about the Olmstead decision is available in the Ohio Legal Rights Service (OLRS) publication, Olmstead and the ADA: A Guide to the Decision. Also refer to the National Conference of State Legislatures report entitled The States' Response to the Olmstead Decision: How are States Complying?.
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