AMERICANS WITH DISABILITIES ACT (ADA)

AMERICANS WITH DISABILITIES ACT (ADA)

The ADA prohibits discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications. It also applies to the United States Congress.

To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a disability. An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such impairment, or a person who is perceived by others as having such an impairment. The ADA does not specifically name all of the impairments that are covered.To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a disability. An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such impairment, or a person who is perceived by others as having such an impairment. The ADA does not specifically name all of the impairments that are covered.

Title I: Employment

Employers with 15 or more employees must provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities available to others. For example, employers are prohibited from discriminating in recruitment, hiring, promotions, training, pay, social activities, and other privileges of employment. Employers are restricted from asking questions about an applicant's disability before a job offer is made, and required to make reasonable accommodations to the known physical or mental limitations of otherwise qualified individuals with disabilities, unless it results in undue hardship.

To file a complaint: Equal Employment Opportunity Commission - 1-800-669-4000 or www.eeoc.gov For publications and information: 1-800-669-3362 For information on accommodations: 1-800-526-7234 or www.jan.wvu.edu

Title II: State and Local Government Activities

State and local governments (regardless of size or receipt of Federal funding) must give people with disabilities an equal opportunity to benefit from all programs, services, and activities (e.g. public education, employment, transportation, recreation, health care, social services, courts, voting, and town meetings).

For more information or to file a complaint: Dept. of Justice - 1-800-514-0301 or www.ada.gov

Title II: Transportation

Public transportation services, such as city buses and public rail transportation (subways, commuter rails, Amtrak), may not discriminate against people with disabilities in the provision of services. Public transportation officials must comply with requirements for accessibility in newly purchased vehicles, make good faith efforts to purchase or lease accessible used buses, remanufacture buses in an accessible manner, and, unless it would result in an undue burden, provide para-transit where they operate fixed-route bus or rail systems.

Questions and complaints: Office of Civil Rights - 1-800-446-4511 or www.fta.dot.gov/ada

Title III: Public Accommodations

Public accommodations are private entitles who own, lease, least to, or operate facilities such as restaurants, retail stores, hotels, movie theaters, private schools, convention centers, doctors' offices, homeless shelters, transportation depots, zoos, funeral homes, day care centers, and recreation facilities including sports stadiums and fitness clubs, and transportation services provided by private entities. Public accommodations must comply with basic nondiscrimination requirements that prohibit exclusion, segregation, and unequal treatment. Courses and examinations related to professional, educational, or trade-related applications, licensing, certifications, or credentialing must be provided in a place and manner accessible.

For more information: Department of Justice - 1-800-514-0301 or www.ada.gov