- Author
- Construction Industry Institute
- Title
- Americans With Disabilities Act: Key Issues for the Design and Construction Industry.
- Coporate
- Construction Industry Institute, Austin, TX
- Report
- Special Publication 50-1, November 1993, 61 p.
- Keywords
- construction
- Abstract
- The Americans With Disabilities Act (ADA) represents landmark anti-discriminatory legislation on behalf of the disabled community. Previous civil rights legislation protects individuals from discrimination based on race, color, national origin, age, sex, and religion. In a similar manner, ADA gives civil rights protection to individuals with disabilities. Title 1 requires employers to give qualified individuals with disabilities the same consideration for employment that individuals without disabilities are given. A qualified individual with a disabiity is an individual who, with or without reasonable accommodation, can perform the essential functions of the position. However, employers are not required to endure an undue hardship due to an accommodation or to pose a direct threat to the health and safety of the individual, co-workers, or the public. Title 2 requires public entities (state and local governments) to operate each service, program or activity such that, when viewed in its entirety, it is readily accessible and usable by individuals with disabilities. Title 3 requires that persons with disabilites be provided access to goods and services within places of public accommodation and new or altered commercial facilities equal to or similar to that available to the general public. Title 4 contains specific requirements for any transmittal by wire or radio. Title 5 contains various requirements and includes provisions for mediation of claims, non-retaliation towards those asserting their rights under ADA, specifically allows drug testing, and provides for attorney fees. Titles 4 and 5 are not addressed in this publication.