AMERICANS WITH DISABILITIES ACT (ADA) LITIGATION

CD: Could you provide an overview of the Americans with Disabilities Act (ADA) and its key provisions?

Quackenboss: The Americans with Disabilities Act (ADA) covers individuals with ‘disabilities’, which are physical or cognitive limitations on a ‘major life activity’. ‘Disabilities’ covered by the ADA also include psychiatric limitations, learning challenges and medical conditions that limit such major life activities. Title I of the ADA protects covered individuals against job discrimination based upon a disability and requires employers to reasonably accommodate an individual’s special need in order to permit continued employment. Title II protects an individual’s access to state and local government programmes, such as the right to vote and attend public school. Title III of the ADA protects an individual’s right to access ‘public accommodations’, which include spaces such as restaurants, hotels, retail stores and medical care offices. More recently, courts have recognised coverage of ‘spaces’ that are deemed extensions of physical spaces, such as business websites. Title IV protects the right to freely access telecommunications systems such as phone systems.

Duston: The ADA is a landmark civil rights law, passed with broad bipartisan support and signed by president George H.W. Bush. The ADA expands upon earlier accessibility laws – primarily the Rehabilitation Act of 1973 – that applied to the federal government, federal contractors and recipients of federal financial assistance. The broad employment protections in Title I, enforced by the Equal Employment Opportunity Commission (EEOC), applied to most private and public sector employers. The requirements in Title II, enforced by the US Department of Justice (DOJ), requiring accessibility of state and local governments have affected everything from sidewalks to court operations. ADA Title III, enforced by the DOJ and private lawsuits, has fundamentally changed design and construction of commercial facilities, and the design and operation of public accommodations – from American sign language (ASL) interpreters to websites.

Oct-Dec 2020 issue

Hunton Andrews Kurth LLP

Orrick

Saul Ewing Arnstein & Lehr LLP