Ch4. Americans with Disabilities Act — Disability Rights and Services

Americans with Disabilities Act (ADA)

ADA (1990):
Landmark federal civil rights law prohibiting discrimination
against people with disabilities

Key titles:
Title I: Employment — employers with 15+ employees
Title II: State and local government services
Title III: Public accommodations (businesses, nonprofits)
Title IV: Telecommunications relay services

Definition of disability:
A physical or mental impairment that substantially limits
one or more major life activities; OR
A record of such impairment; OR
Being regarded as having such impairment

ADA Amendments Act (ADAAA, 2008):
Broadened the definition of disability
"Substantially limits" interpreted broadly

Disability Classification & Registration

No disability "registration" in the US:
There is no federal disability registry; individuals do not
need to register to have ADA rights

SSA disability determination:
Social Security Disability Insurance (SSDI) and SSI-disability
require medical evaluation and determination by SSA
Not the same as ADA disability determination

ADA self-identification:
For employment accommodations, employees disclose to employer
Employer cannot demand medical documentation beyond
what is needed to evaluate the accommodation request

IDEA (education):
Individualized Education Program (IEP): K-12 students with
disabilities receive free appropriate public education (FAPE)
Section 504 Plan: accommodation plan for students who need
support but do not qualify for special education

Reasonable Accommodation

Reasonable accommodation:
Modification or adjustment enabling a qualified person
with a disability to perform a job or access a service

Employment examples:
Modified work schedule, accessible workstation, assistive
technology, permission to work from home, reassignment

Public accommodation examples:
Ramps and accessible entrances, Braille menus, ASL interpreters,
service animal policies, website accessibility (WCAG)

Interactive process:
Employer and employee must engage in good-faith dialogue
to identify effective accommodations

Undue hardship exception:
Employer not required to provide accommodation that causes
significant difficulty or expense (based on employer's size,
resources, and nature of the operation)

Disability Benefits & Services

Social Security Disability Insurance (SSDI):
Funded by FICA payroll taxes; requires work history
Definition: unable to perform substantial gainful activity (SGA)
due to a medically determinable impairment lasting 12+ months
5-month waiting period before benefits begin
Medicare eligibility: after 24 months of SSDI

Supplemental Security Income (SSI - disability):
Means-tested; no work history required
Income and asset limits apply ($2,000 individual asset limit)
Automatic Medicaid eligibility in most states

Ticket to Work program:
SSDI/SSI recipients can work without immediately losing
benefits while exploring employment
Trial work period provisions

Vocational Rehabilitation (VR):
State-federal program providing job training, education,
and placement assistance for people with disabilities

ADA = No Disability Registry ★★★★★ : Unlike some countries, the US has no government disability registry. ADA rights attach based on meeting the legal definition, not being on a list. Memory hook: ADA rights = legal definition, not a card

Reasonable Accommodation ≠ Undue Hardship ★★★★★ : Employers must provide reasonable accommodation unless doing so would cause undue hardship. The burden is on the employer to prove undue hardship. Memory hook: Accommodate unless undue hardship proven

SSDI vs. SSI (disability) ★★★★☆ : SSDI requires work history; SSI requires financial need. Both require disability determination by SSA. Memory hook: SSDI = work-earned; SSI = needs-based

Practice Quiz

Q. What did the ADA Amendments Act of 2008 change about disability coverage?

The original ADA was interpreted narrowly by the Supreme Court in cases like Toyota Motor Co. v. Williams (2002), which held that “substantially limits” meant severely restricts basic activities. The ADAAA rejected this interpretation, directing courts to interpret “substantially limits” broadly and confirming that conditions like cancer in remission, diabetes, epilepsy, and major depression qualify even when effectively managed by medication or treatment. The 2008 law significantly expanded the number of people covered by the ADA.

Q. Why does SSDI have a 24-month waiting period for Medicare coverage?

Congress designed the 24-month Medicare waiting period partly for budget reasons and partly to target coverage at those with long-term disabilities (since SSDI itself requires a 5-month waiting period, the total from onset of disability to Medicare is about 29 months). Critics argue the gap leaves many disabled workers without affordable insurance. The ACA’s Medicaid expansion helped fill this gap for low-income SSDI recipients by providing Medicaid while they wait for Medicare.