Unintended Limitations on Ada Protections

ADA Protections

The American with Disabilities Act of 1990 (ADA) was designed to prevent discrimination in terms of employment (Title I), telecommunications (Title IV), and public services (Title II), transportation (Title II), and accommodations (Title III), for persons with physical and/or mental disabilities (EEOC, n.d.; Disabled World, 2009). Employers and public establishments are required under the ADA to make accommodations for persons with disabilities, unless it imposes an undue hardship. To ensure compliance, a large number of different federal agencies act as enforcers of the ADA provisions.

The ADA defines a disabled person as anyone who is prevented from engaging in a major life activity, either currently or historically, or is perceived by others as being limited in this way. The latter criteria was intended to be one of three primary routes for bringing a discrimination suit to court, resulting in the 'regarded as' disabled...
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