AMERICANS WITH DISABILITIES ACT OF 1990

Americans with Disabilities Act of 1990

Americans with Disabilities Act of 1990

Introduction

The Americans with Disabilities Act of 1990 (Public Law 101-336, signed into law by President George Bush on July 26, 1990, provides broad-based protection against discrimination for 4a million Americans with physical and mental disabilities. The ADA passed the House and Senate with near unanimous votes of 403 to 20 and 91 to 6, respectively.

Introduced in both the House of Representatives (H.R. 2273) and Senate (S.933) on May 9, 1989, the bills originated in a proposal from the National Council on Disability, an independent federal agency authorized to make recommendations to Congress regarding disabled individuals. The council was originally established by the Rehabilitation, Comprehensive Services and Disability Amendments Act of 1978 (Public Law 95-602). In 1984, the council became an independent federal agency by the Rehabilitation Act Amendments of 1984 (Public Law 98-221) and received its current name under the Handicapped Programs Technical Amendments Act of 1988 (Public Law 100-630). (Sidley & Austin, 1990)

The National Council on Disability consists of fifteen members who review all laws, programs and policies of the federal government affecting disabled people. Recommendations are made to the president of the United States, U.S. Congress, Secretary of Education, commissioner of the Rehabilitation Services Administration and the director of the National Institute of Disability and Rehabilitation Research.

Described by sponsors as the most significant civil rights bill to pass Congress in a quarter century, the law provides civil rights protections and opens up opportunities for many disabled Americans. The need for Congress to enact ADA legislation was underscored in testimony before Congress (Documents 3-6) when a recent Harris poll found that Americans with disabilities ate much poorer, less educated, and less able to participate in social activities; all resulting in a much lower quality of life. (McCray 1990)

Historical Perspectives

From its enactment, the Rehabilitation Act of 1973 became the corner stone of protection for the disabled for nearly two decades. The 96th Congress saw the introduction of several bills prohibiting discrimination against the disabled, including S.446, which sought to add the word handicap to the kinds of discrimination prohibited by Title VII of the 1964 Civil Rights Act. The bill was favorably reported out of the Senate Committee on Labor and Human Resources [S. Rep. No. 316,96th Cong., 1st Session (1979)]. H.R. 4498 and S.2345, the Americans with Disabilities Act of 1988, were introduced in the 100th Congress. Reflecting growing concerns of the handicapped and related civil rights issues sparked by Grove City College v. Bell, 465 U.S. 555 (1984), Congress passed the Civil Rights Restoration Act of 1987. This legislation, while primarily known for its effect on higher education, also applied to many government contractors. (See Schultz, Legislative History of the Civil Rights Restoration Act, 1989). Finally, in the 101st Congress, companion bills H.R. 2373 and S.933, the original versions of the successful ADA, were introduced on May 9, 1989.

Summary of the Act

The purpose of the ADA is to provide a clear and comprehensive national ...