Anniversary of the Americans with Disabilities Act
July 26, 2003

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History
Kinds of Complaints
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What is the Americans with Disabilities Act (ADA)?

The ADA is Federal legislation that protects individuals with disabilities from discrimination. It ensures equal opportunity in employment, government service, transportation, and the use of public and commercial facilities. As a result of this Act, any person who believes he or she has been discriminated against based on a psychiatric or other disability has a right to file a complaint. The ADA also requires employers to make "reasonable accommodations" for employees with disabilities. The U.S. Department of Justice defines "reasonable accommodations" as "any modification or adjustment to a job or the work environment that will enable a qualified applicant or employee with a disability to participate in the application process or to perform essential job functions."
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What is the history of the ADA?

The ADA was signed into law by President George H. W. Bush in 1990. As noted in the legislation, the purpose of the Act is "to establish a clear and comprehensive prohibition of discrimination on the basis of disability." The U.S. Equal Employment Opportunity Commission (EEOC), the agency responsible for enforcing the ADA, issued regulations to activate the provisions of Title I (dealing with employment) of the Act on July 26, 1991. These provisions, which took effect on July 26, 1992, applied to employers with 25 or more employees. Beginning July 26, 1994, Title I was expanded to include employers with 15 or more employees.
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What kinds of complaints can be filed under the ADA?

Any person who believes he or she has experienced employment discrimination based on a psychiatric disability has a right to file an administrative "charge" or "complaint" with the EEOC or a State or local anti-discrimination agency. Such individuals also may file a lawsuit in court, but only after filing an administrative charge. Complaints also can be filed if an organization did not provide access for, or to, individuals with disabilities. Complaints against private facilities are covered under Title III of the ADA. Title III also covers commercial facilities (such as warehouses, factories, and office buildings), private transportation services, and licensing and testing practices. Title II of the ADA covers complaints based on inadequate access to government programs and public transportation.
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What other laws protect the rights of individuals with mental disabilities?

In accordance with the Developmental Disabilities Assistance and Bill of Rights Act (the DD Act), the U.S. Department of Health and Human Services established a program to provide support to systems that protect and advocate for the rights of persons with disabilities. The U.S. Congress later found that, in addition to those with physical disabilities, adults with significant mental illness and children with severe emotional impairments were vulnerable to abuse, serious injury, and neglect. In order to amend these injustices, Congress passed the Protection and Advocacy for Individuals with Mental Illness Act. This act extended the protections of the DD Act to individuals with mental illness. In relation to employment considerations, portions of the Rehabilitation Act of 1973 prohibit discrimination against qualified individuals with disabilities who work in the Federal government. In addition, the Civil Service Reform Act of 1978 contains provisions designed to promote overall fairness in Federal personnel actions, including those involving persons with disabilities.
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