The Americans with Disabilities Act
The Americans with Disabilities Act (ADA) provides protection against discriminatory practices to disabled individuals, including persons with mental illness. Protection under the law is granted to disabled individuals in employment, access to services, activities and programs of state and local governments, and in public accommodations. The web page for the U.S. Department of Justice’s ADA web page can be accessed by going to: www.ada.gov.
The law, under Title I, prohibits discrimination against "qualified individuals with disabilities." The law covers persons applying for employment and current employees.
An individual is considered to have a "disability" if s/he has a physical or mental impairment that substantially limits one or more major life activities, has a record of having such an impairment, or is regarded as having such an impairment. Major life activities, which would cause a serious limitation to the individual, include such activities as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
Under the employment provisions of the ADA, an otherwise qualified individual may request a "reasonable accommodation", which will enable him/her to perform the essential elements of the job. A "reasonable accommodation" is a modification or an adjustment to a job, which when made, will allow the person to perform all the essential parts of the job. If the individual does not request an accommodation, the employer is not obligated to provide one, except where an individual is known or perceived to have a substantial limitation in a major life activity. An employer is not required to make an accommodation if such accommodation would impose an "undue hardship" on the operation of the employer's business.
Under Title II of the ADA, state and local governments are required to provide an opportunity to participate in the programs, services, and activities offered by the governmental entity.
Title III covers public accommodation and has basic nondiscriminatory requirements, which prohibit exclusion, segregation, and unequal treatment for persons with disabilities.
