34 years of the ADA: Celebrating a milestone in disability rights

The Americans with Disabilities Act (ADA) was passed July 26, 1990, marking a significant milestone in the fight for civil rights for people with disabilities. 

This landmark legislation protects individuals with visible and invisible disabilities from discrimination, ensuring they have equal rights and opportunities. 

The journey to the ADA 

One of the critical issues with disability-related acts is that while they aim to cover all disabilities and address various challenges faced by disabled individuals, the enforcement of these laws often depends on individual litigation. 

Simply put, unless someone files a case, courts are not obligated to mandate accessibility measures. 

This means the implementation of the law is not actively overseen unless people fight for their rights, which can be both time-consuming and expensive — an effort many disabled individuals cannot afford. 

The historic significance of the ADA 

Despite these challenges, the ADA remains a historical piece of legislation. 

An entire community came together to advocate for the passage of the ADA, culminating in a powerful demonstration known as the “Capitol Crawl.” Activists gathered at the Capitol Building in Washington, DC, and crawled up the steps to highlight the need for accessibility and inclusion. 

This act of reclaiming space became a pivotal moment in disability rights history. 

US Senator Tom Harkin, the author of the final bill, delivered his speech to the Senate in sign language, ensuring it was accessible to his deaf brother and highlighting the importance of inclusivity. 

President George HW Bush signed the bill into law, declaring, “Let the shameful wall of exclusion finally come tumbling down.” 

The impact of the ADA 

Thirty-four years later, the ADA has made several essential accessibility measures mandatory. 

Some disabled individuals express gratitude for the ADA's mandates, which include: 

• Disabled parking lots 

• Ramps 

• Wheelchair seating in cinema halls 

• Better access to employment and education 

These changes have significantly improved the lives of many, but there is still much work to be done. 

The ADA's reliance on individual litigation for enforcement means that not all aspects of the law are uniformly implemented. Advocacy and awareness remain crucial to ensuring the continued progress of disability rights. 

“Yes, things are better with the A.D.A. We have elevators, ramps and closed captioning. But the ADA is not a magic wand. (It) can only do so much to correct inequalities in a society that is uncomfortable with disability,” said disability rights activist Alice Wong in this story in the NYT. 

The ADA explained 

The ADA prohibits discrimination against people with disabilities in several areas, including employment, transportation, public accommodations, communications and access to state and local government programs and services. 

As it relates to employment, Title I of the ADA protects the rights of both employees and job seekers. 

While the US Department of Labor's (DOL) Office of Disability Employment Policy (ODEP) does not enforce the ADA, it does offer publications and other technical assistance on the basic requirements of the law, including covered employers’ obligation to provide reasonable accommodations to qualified job applicants and employees with disabilities. 

The ADA applies to all private businesses with 15 or more employees. It also covers government employers, employment agencies, and labour unions. 

The ADA also had the effect of increasing accessibility and mobility for people with disabilities by mandating automatic doorways, ramps, and elevators to accommodate wheelchairs in public places and businesses. 

Title I of the law prohibits discrimination against qualified individuals with disabilities during job application procedures, hiring, firing, the pursuit of career advancement, compensation, job training, and other aspects of employment. 

Title II applies to state and local government entities. This part of the law further extends the protection from discrimination to qualified individuals with disabilities. It requires that these individuals have reasonable access to services, programs, and activities provided by the government. 

Title III prohibits discrimination against people with disabilities regarding access to activities at public venues. This includes businesses that are generally open to the public, such as restaurants, schools, daycare facilities, movie theatres, recreation facilities, and doctors’ offices. 

Title IV oversees telephone and television access for individuals with hearing and speech disabilities. Common carriers, such as telephone companies, are required to establish interstate and intrastate telecommunications relay services (TRS) 24 hours a day, seven days a week. 

Looking forward 

While the ADA has laid a strong foundation, there is always room for improvement. 

It's essential to continue the conversation about disability rights and push for further advancements in accessibility and inclusivity. 

How has the ADA made things better for you or someone with a disability you know?