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
In June 2008, House Bill 3195, the Americans with Disabilities Act (ADA) Restoration Act, passed the House on June 25 with a vote of 402 to 17. The ADA Restoration Act was originally introduced on July 26, 2007 with the purpose of strengthening the definition of disability so that the "severity test" of determining a disability was not as strict as it has been defined by the U.S. Supreme Court. Since the original ADA was passed in 1990, the Court's decisions have severely narrowed the definition of disability, thus limiting who can use the law to challenge discrimination. Cases have been dismissed on the definition of disability with the courts never addressing the discrimination claim. Negotiations to accommodate the concerns of both the disability and business community were made on May 23, 2008. The negotiations led to draft language that was included in the House bill that was passed. The bill now goes to the Senate for its consideration.
Links to resources about the ADA:
New Freedom Initiative
In 2001, President George W. Bush announced his "New Freedom Initiative" for persons with disabilities. The foundation of the New Freedom Initiative is the Americans with Disabilities Act. The initiative includes the following key components:
- Increase access to assistive and universally designed technologies
- Expand educational opportunities
- Promote home ownership
- Integrate Americans with disabilities into the work force
- Promote full access to community life
In June of 2001, the President signed Executive Order 13217 on Community-Based Alternatives for Individuals with Disabilities in response to the New Freedom Initiative. This order directed federal agencies to assist states in expanding community-based services for people with disabilities.
The following links are to other resources about the New Freedom Initiative.
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.
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?.
This section contains links to other resources and organizations that may be of assistance to people with disabilities. The Ohio Legal Rights Service (OLRS) attempts to verify that the links referenced are helpful for people with disabilities to find the resources needed to advocate for their needs. However, OLRS does not guarantee that the information provided within the destination link is accurate or right for the particular needs of the person. Once you follow a link away from the OLRS Web site, refer to that site's privacy policy and disclaimer statements.
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