Americans
with Disabilities Act
|
The Americans with Disabilities Act (ADA) was enacted in 1990.
Title I - Prohibits Discrimination in Employment
Important Information for Deaf and Hard of Hearing Job Applicants and Employees
Employers
responsibilities Individual
Rights
- Prohibits all
employers of 15 or more employees from discriminating against deaf and
disabled job applicants and employees.
- It covers state and
local governments, private businesses, unions and employment agencies.
- It requires employers
to provide "reasonable accommodations."
- It allows for suits by
the EEOC and the U.S. Department of Justice as well as for private
individual victims. Victims can be awarded back (and front) pay and
benefits, compensatory (e.g., for emotional distress), punitive damages and
attorneys fees. Compensatory damages are capped from $50,000 to
$300,000, depending on the size of business.
Title II - Prohibits Discrimination
in programs, activities, and services of public entities.
Technical
Manual Highlights
Complaint Form
- Prohibits state and
local governments from discriminating against deaf and disabled in
government programs and activities. Transportation systems are
included.
- Individuals or the
U.S. Department of Justice can sue and obtain both injunctive and monetary
relief (no limits) as well as the attorneys fees incurred by the individual.
Title III- Prohibits Discrimination in Public Accommodations
Technical
Manual Highlights
Complaint Process
- Prohibits 12
categories of private "public accommodations" from discriminating
against deaf and disabled in "places of public accommodation" that
affect commerce (e.g., retail establishment, social services
providers).
- Transportation is also
included separately. (Note: airlines are not included but are covered
by the federal Air Carriers Act, which prohibits disability
discrimination).
- Individuals or the
U.S. Department of Justice can sue for injunctive relief, but only the
Department of Justice can seek money damages for victims and also civil
penalties (capped at $50,000 for first violation and $100,000 for each
subsequent violation). Courts may also award individuals their
attorney's fees.
Title IV- Requires Telecommunications Services for Deaf, Hard-of-Hearing, and Speech-impaired
- Requires relay
services for deaf and speech impaired.
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