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The Americans with
Disabilities Act of 1990 (ADA) is the disability-related law with which
many Americans are most familiar. The ADA is better known than other
disability-related laws because it applies to a far broader range of persons,
organizations, and businesses than any laws that preceded or have followed it.
Various titles of the ADA apply in different circumstances.
Title I of the Americans
with Disabilities Act (ADA) prohibits private sector employers who employ
15 or more individuals and employment agencies, labor organizations, and joint
labor/management committees from discriminating against qualified individuals
with disabilities in all aspects of employment. The
Equal
Employment Opportunity Commission (EEOC) has primary enforcement
responsibility under ADA Title I, and the Department of Labor's
Office of Federal Contract Compliance Programs
(OFCCP) has coordinating authority under this title.
Title II of the ADA
bars disability-based discrimination by, and imposes affirmative
disability-related responsibilities on, public entities, including state and
local governments. The Department of Labor's Civil Rights Center, a part of the
Office of the Assistant Secretary for Administration and
Management (OASAM), enforces Title II with regard to the programs,
services, and regulatory activities of such entities relating to labor and the
workforce.
The Rehabilitation Act of 1973 prohibits discrimination in the
following four areas:
- Section 501 prohibits federal agencies from discriminating
against qualified individuals with disabilities. It also requires these
agencies to take affirmative action in the hiring, placing, and advancing of
individuals with disabilities.
- Section 503
requires contractors and subcontractors who have a contract with the federal
government for $10,000 or more annually to take affirmative action to employ
and advance in employment qualified individuals with disabilities. Section 503
is enforced by the Department's Office of Federal
Contract Compliance Programs (OFCCP).
- Section 504
prohibits recipients of federal financial assistance from discriminating
against qualified individuals with disabilities in employment and in their
programs and activities. The Civil Rights Center enforces Section 504 as it
relates to recipients of financial assistance.
- Section 508
requires that individuals with disabilities, who are members of the public
seeking information or services from a federal department or agency, have
access to and use of information and data that is comparable to that provided
to the public who are not individuals with disabilities. The Civil Rights
Center enforces the complaint provisions of
this section.
Two Executive Orders, both of which are enforced by the Civil
Rights Center, also prohibit discrimination against persons with
disabilities:
- E.O. 11478
prohibits employment discrimination and requires affirmative action on various
bases, including disability, by the federal government.
- E.O. 13160
prohibits disability-based discrimination in education programs and activities
conducted by federal agencies.
The Workforce Investment Act
(WIA) establishes a national workforce preparation and employment system to
meet the needs of businesses, job seekers, and those who want to further their
careers. Customers have easy access to information and services through the
One-Stop Career Center System. The
Department's Civil Rights Center enforces
Section 188 of WIA, which bars
disability-related discrimination by, and imposes affirmative
disability-related responsibilities on, programs and activities that are
offered as part of the One-Stop service delivery system.
The Ticket
to Work and Work Incentives Act aims to increase beneficiary choice in
obtaining rehabilitation and vocational services; remove barriers that require
people with disabilities to choose between health care coverage and work; and
assure that more Americans with disabilities have the opportunity to
participate in the workforce and lessen their dependence on public benefits.
The Employment and Training Administration
(ETA) will work to facilitate the involvement of the workforce system and
participate in policy considerations which will emerge as the provisions of the
law are implemented.
Veterans with disabilities are protected by the
Vietnam Era Veterans'
Readjustment Assistance Act (VEVRAA). It requires contractors or
subcontractors who have a contract with the federal government for $25,000 or
more to take affirmative action to employ, advance in employment, and otherwise
treat covered veterans without discrimination.
Individuals with disabilities also may be protected by their
state anti-discrimination laws, some of which are more stringent than the
federal laws. To learn more about rights under state laws, contact
disability commissions, committees, or councils
in your state.
DOL Web Pages on This
Topic
What To Do If You Think You
Have Been Discriminated Against
Provides guidance on what to do if you
think you are the victim of employment-related discrimination based on
disability.
Vietnam Era
Veterans' Readjustment Assistance Act (VEVRAA) Fact Sheet
Provides an
overview of the protections and requirements of the Vietnam Era Veterans'
Readjustment Assistance Act.
Section 503 Fact
Sheet
Provides an overview of the equal employment opportunity and
affirmative action guidelines for federal contractors regarding individuals
with disabilities.
State Liaisons
Provides a
list of state contacts on disability issues in each state.
Related Web Pages on This
Topic
Equal Employment Opportunity Commission (EEOC)
The Equal Employment
Opportunity Commission enforces Title I of ADA.
Department of Justice
The Department of Justice enforces regulations
governing public accommodations and state and local government services under
ADA and coordinates enforcement of Section 504 of the Rehabilitation Act.
Section
508
The Center for Information Technology Accommodation, in the U.S.
General Services Administration's Office of Governmentwide Policy, has
developed this Web site which contains resources for understanding and
implementing the requirements of Section 508.
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