The 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 an 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.

Source:
U.S. Department of Justice, A Guide to Disability Rights Laws, September 2005, http://www.usdoj.gov/crt/ada/cguide.htm

The Requirement

Colleges are required to modify policies, practices, and procedures to provide those accommodations necessary to ensure equal access. This applies to all aspects of college life. Especially important are policies, practices and procedures related to access to examinations and courses.

American with Disabilities Act Common Questions

Question: What is the ADA's definition of a person with a disability?

Answer: A person with a disability is anyone with a physical or mental impairment that substantially limits one or more major life activities, such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. In addition to those people who have visible disabilities-persons who are blind, deaf, or use a wheelchair-the definition includes people with a whole range of invisible disabilities. These include psychological problems, learning disabilities, or some chronic health impairment such as epilepsy, diabetes, arthritis, cancer, cardiac problems, HIV/AIDS, and more. The definition also includes those who have a history of having a disability or are regarded as having a disability.

Question: How does the ADA affect institutions of higher education?

Answer: The ADA upholds and extends the standards for compliance set forth in Section 504 of the Rehabilitation Act of 1973 to employment practices, communications, and all policies, procedures and practices that impact on the treatment of students with disabilities. Employment issues for all institutions are covered under the portion of the law called Title I. For all activities, public institutions are covered under Title II; private institutions are covered under Title III. Because of the public attention given to the passage and implementation of the ADA, renewed attention is being focused on disability access to institutions of higher education. This focus includes the whole scope of the institution's activities, including facilities, programs, and employment.