Where were you on July 26, 1990? I was a bubbly sixteen-year-old wheelchair user watching Pres. George H.W. Bush sign the Americans with Disabilities Act in the White House Rose Garden. That day became my own personal independence day as an individual with a disability.

Since July 26, 1990, more than 54 million Americans with physical or mental impairments that substantially limit daily activities have received protection of their civil rights under the Americans with Disabilities Act. From going to school, working, using transportation, participating in many areas of typical life, Americans with disabilities of various significance have been afforded more access and awareness of the things we can do, rather than focusing on all we cannot do. According to the ADA, disability is defined as one or more substantially limited daily activities. Those activities include working, walking, talking, seeing, hearing, or caring for oneself.

People who have a record of such impairment and those regarded as having an impairment are also covered. The Americans with Disabilities Act (ADA) has five titles or sections to it. They are:

Title I - Employment (all Title II employers and private employers with 15 or more employees)
Title II - Public Services (state and local government including public school districts and public transportation)
Title III - Public Accommodations and Services Operated by Private Entities
Title IV – Telecommunications
Title V - Miscellaneous Provisions

The following is a brief summary of some of the major requirements spelled in this groundbreaking statute. To determine all of the requirements that a covered entity/group must satisfy, you have to look over the regulations, guidelines, and/or technical assistance materials developed by the Department of Justice (DOJ), the Equal Employment Opportunity Commission (EEOC), the Department of Transportation (DOT), the Federal Communications Commission (FCC), and the Architectural and Transportation Barriers Compliance Board (the Access Board).

Additionally, the Internal Revenue Service (IRS) has developed regulations on the tax relief available for certain costs of complying with the ADA, such as small business tax credits. Yes, business can receive tax breaks for complying with the ADA for the benefit of their clients and employees!

On September 25, 2008, the ADA Amendments Act (ADAAA) was signed into law. It became effective on January 1, 2009. The U.S. Senate and the U.S. House of Representatives both unanimously passed the ADAAA. These amendments focus on the discrimination factors instead of an individual's disability.

It makes important changes to the definition of the term "disability" by rejecting decisions in several Supreme Court decisions and portions of Equal Employment Opportunity Commission’s (EEOC) ADA regulations. The Act retains the ADA's basic definition of "disability" as an impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment. However, it changes how the statutory terms should be interpreted. Most significantly, the ADAAA directs EEOC to revise the how it defines the term “substantially limits”. It expands the definition of “major life activities” by including reading, bending and communicating. Mitigating measures other than “ordinary eyeglasses or contact lenses” cannot be considered when making the assessment of whether or not someone has a disability. Also, there is clarification stating that a disability that flares up only periodically or is in remission still substantially limits major life activity when it is actively flared up. If an employer fails to hire someone on the basis that they just think someone has a disability, that individual, regardless of a disability or not, is covered under the ADA. The new amendments also emphasize that the definition of disability should be broadly interpreted.

What has the ADA done for you? Go to our Disabilities Forum and post how the ADA has impacted your life. What will you do to celebrate a second “Independence Day” specifically for Americans with disabilities? Let me know about celebrations or commemorations going on in your area! How far have we come? How far do we still have to go? What will you do to make sure the ADA stays in the forefront of people’s minds?