Copyright Goodheart-Willcox Co., Inc 126 Unit 2 The Healthcare Environment The Americans with Disabilities Act The Americans with Disabilities Act (ADA), enacted in 1990, ­ prohibits discrimination based on a person’s disability. To be considered disabled and protected under the ADA, an individual must have a physical or mental impairment that substantially limits his or her life activities. These activities include walking, talking, seeing, and learning. The ADA does not specifically name all of the covered impairments, but common examples of disabilities include using a wheelchair, needing to utilize assistive devices such as canes and walkers, blindness, deafness, a learn- ing disability, and some mental illnesses. Four key sections of the ADA that relate to healthcare are described in Figure 7.6. Americans with Disabilities Act (ADA) law that prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications, and governmental activities also establishes requirements for telecommunications relay services Source: US Department of Justice Figure 7.6 Titles I-IV of the ADA secure specific healthcare-related rights for people who have disabilities. Healthcare-Related Sections of the Americans with Disabilities Act (ADA) Title I Equal Employment Opportunities This title is designed to eliminate barriers that would deny qualified individuals with disabilities access to the same ­ employment opportuni- ties and benefits available to those without disabilities. Employers must reasonably accommodate the disabilities of qualified applicants or employees, unless an undue hardship would result. This title prohibits ­ discrimination in recruitment, hiring, promotions, training, pay, social ­ activities, and other privileges of employment. It restricts questions that can be asked about an applicant’s disability before a job offer is made. Title II Public Services This title prohibits discrimination based on disability by public entities. It requires that state and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services, and activities by providing equal access. This includes access to services and activities such as public education, recreation, healthcare, voting places, social services, courts, and town meetings. Title III ­ Nondiscrimination by Public ­ Accommodations and in Commercial Facilities This title mandates accessibility in all types of ­ businesses that serve or are open to the public, including medical ­ off ices and facilities. It also includes places such as hotels, zoos, ­ restaurants, funeral homes, recreation facilities, movie ­ theaters, daycare centers, con- vention centers, and health clubs. Title IV Telecommunications This title addresses telephone and television access for ­ people with hearing and speech disabilities. It requires ­ common carriers (telephone companies) to establish ­ int erstate and intrastate tele- communications relay ­ services (TRS) 24 hours a day, 7 days a week. TRS enables ­ callers with hearing and speech disabilities who use text ­ telephones (TTYs or TDDs), and callers who use voice telephones, to communicate with each other through a third party ­ communications assistant. Title IV also requires closed captioning­ of federally funded public service announcements.