Introduction

History of Discrimination

IDEA

Section 504

ADA

Conclusion

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You have already learned that Section 504 was created so that people with disabilities can not be discriminated against by any institution, program, or activity that receives federal funds. The Americans with Disabilities Act maintains this same anti-discrimination principle with one difference: it extends beyond 504 to include private sector employment, public services, public accommodations, and transportation - that is, those companies and entities that do not receive federal funding. A few examples are restaurants, amusement parks, theaters, hotels, city buses and grocery stores. ADA was signed into law in 1990, and it includes several major provisions. They are:

Employers who have 15 or more employees can not refuse to hire or promote a qualified individual simply because he or she has a disability. The employer is also required to make accommodations (within reason) to assist a person with disabilities in performing essential job functions.

Any new vehicles that are purchased by transportation authorities must be accessible to people with disabilities. Likewise, rail stations are required to be accessible, and trains should have at least one car that is accessible.

No public accommodation (restaurants, hotels, grocery stores, etc.) can refuse or exclude a person based on his or her disability. New buildings must be made accessible, and old buildings that are not accessible need to remove any barriers if it is feasible. The one exception to this requirement are churches and places of worship; because of the separation of church and state in our Constitution, churches and places of worship do not have to meet the accessibility requirements for new buildings.

Public telephone services must provide relay services to those who use any kind of telecommunication devices for the deaf.

The ADA was actually patterned after Section 504, and as you can see is essentially the same thing – with one major difference! That one difference lies in who is receiving federal funds and who isn’t. Just remember: Section 504 covers federally funded establishments, and ADA covers non-federally funded establishments.