ADA FAQ · 14 questions
General ADA Information
What the ADA is, who it protects, and how key terms like disability, major life activities, and reasonable accommodation are defined.
General ADA Information questions
General ADA Information
What kind of law is the ADA?#
The ADA is a comprehensive civil rights law. It prohibits discrimination on the basis of disability in employment, state and local government programs, public accommodations, commercial facilities, transportation, and telecommunications. Source: ADA National Network
What kinds of things does the ADA cover?#
The ADA is divided into five sections called "titles." Title I covers employment. Title II covers state and local government programs. Title III covers places of public accommodation. Title IV covers telecommunications. Title V contains miscellaneous provisions including rules about retaliation and attorney fees. Source: ADA National Network
When did the ADA become a law?#
The Americans with Disabilities Act was signed into law on July 26, 1990. Some provisions had phased compliance deadlines after that date, but all those deadlines have long passed. Source: ADA National Network
I heard there is a "new ADA" — what is the ADAAA?#
The "new ADA" people refer to is actually the ADA Amendments Act (ADAAA), passed by Congress in 2008. After the original ADA was passed in 1990, Supreme Court rulings began narrowing the definition of disability in ways Congress never intended. The focus shifted to debating whether a person actually had a disability rather than addressing access and accommodation. The ADAAA reversed those rulings. Congress made clear that the definition of disability must be interpreted broadly in favor of coverage, returning the law to its original intent. Source: ADA National Network
What is the definition of disability under the ADA?#
In the context of the ADA, "disability" is a legal term, not a medical one. The ADA defines a person with a disability as someone who: Has a physical or mental impairment that substantially limits one or more major life activities, OR Has a record of such an impairment (even if they don't currently have one), OR Is regarded as having such an impairment by others The ADA also protects people from discrimination based on their association with a person who has a disability. Source: ADA National Network
What are major life activities?#
Major life activities are functions important to most people's daily lives. Examples include breathing, walking, talking, hearing, seeing, sleeping, caring for oneself, performing manual tasks, and working. Major life activities also include the operation of major bodily functions such as immune system function, normal cell growth, digestive, neurological, brain, respiratory, circulatory, and reproductive functions. Source: ADA National Network
What does "regarded as" having a disability mean?#
"Regarded as" means the person either has an impairment that doesn't actually substantially limit a major life activity, has an impairment that limits a major life activity only because of how others perceive them, or doesn't have any impairment at all but is treated as though they do. Example: A person with visible burn scars who is denied a job because the employer assumes the scars will limit their ability to work with customers — even though they wouldn't — is protected under the "regarded as" provision. Source: ADA National Network
What does a "record of" a disability mean?#
"Record of" means the person has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits a major life activity — even if they don't currently have that disability. Example: A person who had cancer, received treatment, and returned to work. Even if they are now cancer-free, they have a record of having had a disability and are protected from discrimination based on that history. Source: ADA National Network
What does "association with a person with a disability" mean?#
The ADA protects people who don't have a disability themselves but face discrimination because of their relationship to someone who does. For example, if you don't have a disability but you work in an HIV clinic and someone discriminates against you because they associate you with people who have HIV, that is prohibited under the ADA. Source: ADA National Network
Are all people who have disabilities covered by the ADA?#
It depends. All people who meet the ADA's definition of disability are covered by the ADA generally — but they may not have rights under every specific section. For example, Title I covers employment discrimination. If a person with a disability is not employed and not seeking employment, they wouldn't be covered by Title I, though they may still be covered by other Titles. Source: ADA National Network
Are psychiatric disabilities covered by the ADA?#
Yes. The ADA's definition of disability includes mental impairments as well as physical ones. Conditions such as major depressive disorder, bipolar disorder, PTSD, obsessive-compulsive disorder, and schizophrenia are specifically listed as examples of disabilities that should easily qualify under the ADA. Source: ADA National Network
How many people in the United States have a disability?#
According to the CDC, more than 1 in 4 U.S. adults — approximately 70 million people, or 28.7% of the adult population — have some type of disability. This makes disability the largest minority group in the country, and one that anyone can join at any time. Among adults 65 and older, the rate rises to nearly 44%. Among young adults aged 18–44, it is about 24%. Source: ADA National Network / CDC Disability and Health Data System (2024)
Is the Federal government covered by the ADA?#
The ADA does not cover the executive branch of the federal government. The executive branch is covered by Title V of the Rehabilitation Act of 1973. However, Congress and other entities in the legislative branch of the federal government are covered by the ADA. Source: ADA National Network
Does the ADA cover air transportation?#
No. Discrimination by air carriers (other than in employment) is not covered by the ADA. It is covered by the Air Carrier Access Act (ACAA), a separate law. This is a common misconception — if you have a complaint about accessibility on an airplane, your rights come from the ACAA, not the ADA. Source: ADA National Network
Need help meeting Title II?
Access for Everyone (AX4E) helps state and local governments get compliant, starting with the digital requirements now in force.
Prefer to talk it through? Call the Title II Line: (608) 960-8830