The Americans with Disabilities Act
Rights to Services and Benefits from
Public Agencies
CONTENTS
The Americans with Disabilities Act
(ADA) was passed in 1990 to broaden laws already in effect. These laws were
the Fair Housing Amendments, and the Rehabilitation Act of 1973. In general,
the ADA prohibits discrimination against people with disabilities by employers
and government agencies, and with respect to public transportation, telecommunications,
and public accommodations.
The
ADA has five parts. The first describes illegal discrimination by employers
against people with disabilities. The second part protects people with disabilities
from discrimination when they get programs and services from "public
entities", the term used for government agencies in the Act. This part
also discusses public transportation rights. The third part discusses protection
for people with disabilities in public accommodations and from private entities.
The fourth part deals with telecommunications for hearing and speech impaired
people. The last part is a general catchall category.
Congress passed the ADA because it
found that there were many Americans with disabilities and that the historical
isolation and segregation of these citizens was a serious social problem.
It noted that discrimination occurs in many areas, such as employment, housing,
public accommodations, education, transportation, communication, recreation,
institutionalization, health services, voting, and access to public services.
Congress found that discrimination
against people with disabilities has resulted in severe social, economic,
and educational disadvantages. This discrimination has taken many forms,
such as intentional exclusion, many kinds of physical and communication
barriers, overprotective policies, segregation, and lesser job and program
standards and opportunities.
Congress noted that people with disabilities
did not have many legal protections. Congress decided to solve this problem
with the ADA. The ADA, therefore, is designed to remove discrimination against
people with disabilities; to set clear enforceable standards about this
discrimination; and to allow the federal government to enforce the rules.
The legislation and the federal regulations covering the ADA deal with integration,
removing barriers, and respecting the preferences and needs of people with
disabilities.
This information deals with the second
part of the ADA-the right to services from government agencies. Pine Tree
also has information about housing issues for people with disabilities.
If you would like this information, click here.
| Am I Protected by the ADA? |
In order to be protected under the
ADA, you must have a mental or physical impairment that substantially
interferes with your ability to engage in a major life activity. You
must also be classified as a "qualified individual with a disability."
A . Impairment
If you have a serious impairment,
if you have a record of this type of impairment, or even if other
people think that you have this type of impairment, you are covered
by the ADA.
Examples:
If you have a physical impairment
that interferes with walking or seeing, you are protected. If you have
a mental impairment that interferes with your ability to sleep, or learn,
or leave your home, you are protected.
- History or Record of Such Impairment
If you suffered from depression
or cancer in the past but are now recovered or in remission, you are protected.
If you have been diagnosed as having a condition, but the diagnosis was
incorrect, you are also protected.
- Perceived or Treated as Having Such Impairment
If other people believe that you
have AIDS, even if you don't, you are protected. If you are the victim
of severe burns and others treat you as if you are disabled, you are protected,
even though you may not feel that you are disabled.
B . Qualified Individual
With a Disability
To be protected from discrimination
by public entities, you must also be a "qualified individual with a
disability." To fall under this definition, you must meet the "essential
eligibility requirements" to get services or participate in programs
or activities.
Examples of "Qualified
Individual Who Meets Essential Eligibility Requirements:"
- Your town offers a swimming program for children ages two - six. Your
disabled ten-year old would not fall into the age category to get this
service. Therefore, she does not meet the "essential eligibility"
requirement of age, and is not a "qualified individual." However,
your four-year-old, who needs a wheelchair and therefore can't use the
swim program, is protected. The ability to walk is not an "essential
eligibility requirement.
- You would like to get tourism information about a town in Maine from
your county tourism bureau and you have a hearing disability. The ability
to hear is not an essential eligibility requirement for getting the information.
The bureau must offer you an effective way to get that information, such
as offering TTY.
- If, however, you pose a "direct threat" to the health or safety
of others, you are not a "qualified individual." Any decision
about whether you pose a direct threat must be made on an individualized,
case-by case basis. This decision can't be made by prejudices, fears,
stereotypes, and assumptions. Ways of eliminating any threat must be considered
and used before you are not allowed to participate.
C . Other Facts about
Protection under the ADA
- Associated with a person with disabilities
If you associate with or have a relationship with a qualified person
with disabilities, you are also protected. If you give health care or
other services to persons with disabilities you cannot be discriminated
against.
For example, if you work at an AIDS hospice, you cannot be denied access
to a program because of your work. Similarly, a theater group that gives
a performance to a group with AIDS cannot be denied the use of a public
theater because of their contact with persons with AIDS. If you are disabled,
family members, companions, or attendants may help you. These people must
get the same access you get.
- Current illegal drug users
If you are a current illegal drug
user, you have limited protection under the ADA. Use of illegal drugs
is not protected, but, if you are an addict, your status as an addict
is protected. If you are addicted to drugs and are not currently using
illegal drugs you must be given access to public programs and services
on the same basis as others. If you use illegal drugs, you cannot be denied
health care services because of your illegal drug use. One exception is
that you can be expelled for using illegal drugs if you are receiving
substance abuse treatment.
| What
Is a Public Entity that is Covered by the ADA? |
Any state or local government, or any department or agency or instrumentality
of a state or local government is a public entity. A municipal recreation
program, a county museum, a public library, and a town meeting are all examples
of programs run by public entities that are covered by the ADA.
| What Does the ADA Require from Public Entities? |
The following requirements
apply to public entities:
- The public entity must give public notice to anyone who applies
for services, programs and activities of the all rights and protections
against discrimination.
- You must be allowed to use the same facilities and programs as
the general public.
- Segregated programs may be offered, but you must not be required
to use that segregated program if you would rather use the program
offered to the public. For example, your town offers a swim program for
children. A separate program for children with disabilities may be offered,
but a child with a disability cannot be forced to take that specific swim
program, if she or he prefers the mainstream swimming program.
- If you ask, a public entity must make a reasonable accommodation
to allow you to take advantage of a program or benefit. There are exceptions,
however. The public entity can refuse to make an accommodation if it causes
an undue financial or administrative burden or if it changes the fundamental
nature of the program. The public entity, however, must be able to prove
that these exceptions exist
- The public entity cannot force you to accept an accommodation.
- The public entity must make sure that you can communicate with
it as effectively as a member of the general public. If you have
a preferred way of communicating, your preferences must be considered,
but the public entity does not need to give you personal devices (that
is, the public entity does not have to give you a hearing aid, but it
may need to use an interpreter or have TTY service.)
- The public entity cannot charge extra for program accessibility.
- The public entity cannot screen out or tend to screen out people
with disabilities.
- You must be able to participate on planning and advisory boards.
- The public entity must choose accessible sites or locations.
The law does not necessarily require all existing facilities to be accessible
and usable by people with disabilities.
- When a public entity builds a new facility, it must be accessible
according to specific federal standards.
- When a public entity alters
a facility, which affects its usability by people with disabilities,
it has to make the renovated section accessible "to the
maximum extent feasible."
- A public entity must keep accessibility aids and equipment in good
repair. This means that elevators, lifts, and TTY equipment must be
safe and accessible. Furniture and other barriers cannot block them off.
- Signs showing wheelchair accessible entrances must be posted
at each entry that is not accessible.
- A public entity must go through a self-evaluation process to
see whether its policies and practices are discriminatory, and to correct
those inconsistent with the ADA. A public entity with 50 or more employees
must make its self-evaluation available for public review for three years.
- A public entity cannot avoid its responsibilities by contracting
with private agencies that have discriminatory policies or practices.
- The public entity may not threaten, intimidate, or retaliate
against you for using your rights or encouraging others to exercise their
rights to be free from discrimination.
| What Can Be Done If A Public
Entity Engages In Illegal Discrimination? |
If you believe that you have been illegally discriminated against by a
public entity, you have several choices. You can file a complaint with the
public entity, you can file a complaint with any federal agency that you
think may give funding to the public entity, or you can file a complaint
with the Department of Justice. You can bring a lawsuit in court against
the public entity. You can also call the Maine Human Rights Commission at
624-6050. Click
here to go to the Commission's web site, which includes an on-line complaint
form.
If you file a complaint with a federal agency, you must file the complaint
within 180 days of when the discrimination occurred. This means that when
the discrimination is ongoing, a complaint can be filed within 180 days
of the most recent discriminatory act.
As long as your complaint is filed with a federal agency, even if it is
the wrong one, the complaint will be treated as being filed on the day it
is received by the first agency. The easiest approach is often to file a
complaint with the Department of Justice, which oversees enforcement of
the ADA at the federal level. You can contact the Department at 1-800-514-0301
(TTY: 1-800-514-0383) or click
here to get to the web site.
In Maine, you may also call the Disability Rights Center at 1-800-452-1948
or click here to get to their web site.
Eligibility requirements apply. Even if they are unable to take your case,
they may be able to tell you how to file a complaint, or refer you to a
private attorney who could be paid by the defendant if you win your case.
For more information on agencies that may help you with ADA questions,
click here for the
ADA Information Services' web site
|
Notice
© Pine Tree
Legal Assistance
May 2001
Sometimes the laws
change. We cannot promise that this information is always
up-to-date and correct. If the date above is not this year,
call us to see if there is an update.
We provide this
information as a public service. It is not legal advice.
By sending you this information, we are not acting as your lawyer.
Always consult a lawyer, if you can, before taking legal action.
Please review our full terms-of-use agreement
|
Help us make our site better.
Fill out our questionnaire.
It won't take long.
Click here.
Sorry, but we cannot
respond to website requests for help. If you believe
you have a legal problem we can help you with,
call us.
|
Bazelon
Center for Mental Disability Law
|
