More than 43 million Americans have physical and mental
disabilities. For many people with disabilities,
everyday activities such as working, using public
transportation, and accessing stores, restaurants and
public facilities can present difficulties.
In 1990, the Americans with Disabilities Act or
"ADA" was enacted to give equal opportunity to
people with disabilities and protect them from
discrimination. Under the ADA, an individual with a
disability is a person with a physical or mental
impairment that substantially limits one or more major
life activities, a person who is regarded as having such
an impairment, or has a history of such an impairment. A
broad range of disabilities are covered including
epilepsy, retardation, AIDS, and learning disabilities.
The ADA does not cover illegal drug users, nor does it
require special treatment for alcoholics. Florida has
additional civil rights laws that also protect the
rights of the handicapped, disabled, and those infected
with the HIV virus. You may call the Florida Commission
on Human Relations at 1-800-342- 8170 for further
information.
The ADA is a civil rights law that prohibits
discrimination against qualified people with
disabilities in employment, public services,
transportation, public accommodations, and
telecommunications services. The law applies to all
employers of 15 or more workers and all places of public
accommodation and services. It requires
nondiscrimination and reasonable accommodation of people
with disabilities.
The ADA prohibits discrimination in all employment
practices including job application procedure, hiring,
firing, advancement, compensation, training, and other
terms, conditions, and privileges of employment. The law
applies to job recruitment, advertising, lay-offs,
fringe benefits, and other employment- related
activities. Employers are required to make reasonable
accommodations to the mental or physical limitations of
an individual with a disability unless doing so would
impose an undue hardship. A "reasonable
accommodation" is a modification or adjustment to a
job or the work environment that will allow a qualified
and disabled person to perform job functions. Several
factors are considered in determining whether an undue
hardship exists, including: the cost of the
accommodation, the financial resources of the facility,
and the size of the employer.
The enforcement provisions of the ADA closely parallel
the enforcement provisions for other types of illegal
discrimination. Remedies include back pay, front pay,
lost fringe benefits, reimbursement, prejudgment
interest, costs and reasonable attorneys' fees. Under
recent civil rights statutory enactments, punitive
damages are possible, as well as damages for emotional
distress.
If you believe that you have been the victim of a
discriminatory act prohibited by the ADA, or would like
technical assistance on the ADA, you should contact the
appropriate government agency.
For employment discrimination, call the Equal Employment
Opportunity Commission, "EEOC"; at
800-669-EEOC.
The Department of Transportation is responsible for
enforcement of ADA transportation provisions. Call them
at 202-366-9305. The number for TDD users is
202-755-7687.
The Federal Communications Commission is responsible for
enforcement of the ADA communications provisions. Their
telephone number is 202-632-7260, and 202-632-6999 for
TDD.
For enforcement of the ADA regarding public services and
public accommodations, call the Civil Rights Division of
the U.S. Department of Justice, Office of the Americans
with Disabilities Act, 202 514-0301, or 202 514-0383 for
TDD.
Florida has additional civil rights laws that protect
the rights of people with disabilities, and a specific
law covering people infected with the HIV virus. You may
call the Florida Commission on Human Relations at
800-342-8170 for further information on Florida
law.
If you need legal advice, call your attorney. If you do
not have an attorney, call The Florida Bar Lawyer
Referral Service at 1-800-342-8011 or the local lawyer
referral service or legal aid office listed in the
yellow pages of your telephone book.