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The Americans with Disabilities Act |
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Under the ADA, a "public entity" includes any state or local government, as well as any department, agency, or any other unit of state or local government (34). The statute thus covers state education agencies; school districts; public elementary and secondary schools; public technical schools, community colleges, four-year colleges and universities (35); and any other government agency or unit involved in school-to-work systems, school-to-work programs, School-to-Work Act partnerships, or other vocational education programs. Title II of the ADA protects only "qualified" individuals from discrimination, stating that: "no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity." (36). The ADA definition of an "individual with a disability" parallels the §504 definition. It includes anyone who has "a physical or mental impairment that substantially limits one or more of the major life activities of such individual," has "a record of such an impairment," or is "being regarded as having such an impairment." (37). A "qualified" individual with a disability under Title II of the ADA is someone who: "with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity." (38). Public entities thus must make "reasonable modifications," remove "barriers," and provide "auxiliary aids and services" as needed to enable an individual to meet "essential eligibility requirements," and so become a "qualified" individual with a disability. For further discussion of "essential" eligibility requirements, see chapter 5. B. Title II ADA Regulations Parallel
and Supplement §504 Regulations The ADA regulations also make explicit some obligations that are implicit in the older §504 regulations. For example, the ADA regulations state that public entities must make reasonable changes in their policies, practices, and procedures when necessary to avoid disability discrimination (unless the changes would "fundamentally alter" the nature of the program in question), and may not use eligibility criteria that screen out or tend to screen out an individual with a disability, or individuals with a particular kind of disability, from full and equal participation in programs, unless the criteria are necessary to the program (40). C. The ADA and Employment
Discrimination Title I makes it illegal to "discriminate against a qualified individual with a disability because of the disability ... in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment." (42). A "qualified" individual with a disability for purposes of Title I is someone who, "with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires." (43). The particular provisions of Title I, along with regulations of the Equal Employment Opportunity Commission, provide details as to what does and does not constitute illegal employment discrimination under the ADA. Back to School-To-Work |
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Updated: 03/21/2007 |
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