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Americans with Disabilites Act


Disability Law

The Americans with Disabilities Act (ADA), Public Law 101-336 and codified in Titles 42 and 47 of the United States Code, became effective on January 26, 1992. Amended by the ADA Amendments Act of 2008 (Public Law 110-325), the act is the most comprehensive nondiscrimination policy for individuals with disabilities to date. The ADA is comprised of the following five titles:

 

  • Title I : Employment
  • Title II: State and Local Governments/Transportation
  • Title III: Public Accommodations
  • Title IV: Telecommunications
  • Title V: Miscellaneous Provisions 

Compliance

The Department of Justice (DOJ) has been charged with overseeing compliance with design for Title II and Title III of the ADA. The DOJ's ADA Technical Assistance Program provides free information and technical assistance directly to businesses, non-profit service providers, state and local governments, people with disabilities, and the general public. DOJ manuals, newsletters, and other publications provide up-to-date information about the ADA and how to comply with its requirements. The DOJ's ADA regulations can be found in Title 42, Public Health and Welfare, of the U.S. Code of Federal Regulations.

For more information on other federal laws prohibiting discrimination in the workplace, see the Legal Resource Guide on our website at http://www.saclaw.org/pages/
employment-discrimination.aspx
  

TABLE OF CONTENTS

1.     Legal Encyclopedias and Law Summaries
2.     Practice Guides
3.     Forms
4.     Web Sites
5.     Community Resources

1.     LEGAL ENCYCLOPEDIAS and LAW SUMMARIES  

American Jurisprudence 2d (Am Jur 2d) KF 154 .A42 (Ready Reference)
The Americans with Disabilities Act is covered in a separate volume, New Topic Service, located at the end of the set.
Electronic Access:  On the Law Library's computers, using WestlawNext.

Corpus Juris Secundum (CJS)
Although the topic Civil Rights addresses all major civil rights laws, it includes an in-depth discussion of the ADA.
Electronic Access Only:  On the Law Library's computers, using WestlawNext.

2.     PRACTICE GUIDES

ADA Compliance Manual for Employers KF 3469 .M66
A complete guide to handling the impact of the ADA on your employment practices.

Americans with Disabilities Act: Employee Rights and Employer Obligations 
KF 3469 .A96
Describes how to meet the ADA legal requirements that affect employment policies and procedures and provides expert analysis of the ADA Amendments Act of 2008.

Americans with Disabilities Act Handbook KF 3469 .P47
This title provides comprehensive coverage of the ADA's employment, commercial facilities, and public accommodations provisions as well as coverage of the transportation, communication, and federal, local, and state government requirements.

Americans with Disabilities: Practice and Compliance Manual KF 480 .A96
Provides attorneys who represent businesses, transportation carriers, schools, and municipalities with the information necessary to comply with the ADA.

Americans with Disabilities Act: Public Accommodations and Commercial Facilities KF 5709 .3. H35 S43
This manual presents the ADA in easy-to-understand language and is a useful resource for ensuring compliance or handling litigation.
Electronic Access:  On the Law Library's computers, using WestlawNext.

Civil Mental Disability Law, Evidence and Testimony: A Comprehensive Reference Manual for Lawyers, Judges and Mental Disability Professionals 
KF 480 .P38
This reference manual discusses the rights of persons with mental disabilities, as well as the historical importance of the legislation.

Criminal Mental Health And Disability Law, Evidence And Testimony : A Comprehensive Reference Manual For Lawyers, Judges, And Criminal Justice Professionals  KF 9242 .P37
A legal history of mental health and disability discrimination in the criminal justice system.

Disabilities and the Law KF 480 .R67
A comprehensive discussion of complex disability issues in employment, education, higher education, public accommodations and services, transportation, housing, and access to health care.
Electronic Access:  On the Law Library's computers, using WestlawNext.

Disability Discrimination in Employment KF 3469 .C65
This treatise offers a comprehensive discussion of the law of disability discrimination and accommodation of employees with disabilities, along with checklists and forms for developing compliance strategies and defending litigated claims.

Disability Discrimination in the Workplace KF 3469 .P53
Presents federal discrimination laws topically and scrutinizes applicable disability discrimination laws in every state.

Disability Discrimination Law, Evidence, and Testimony: A Comprehensive Reference Manual for Lawyers, Judges, and Disability Professionals KF 480 .P37
Explains and analyzes key aspects of disability discrimination law from several different perspectives to guide you through myriad federal and state statutes, court cases, and regulations.

Disability Handbook  KF 3649 .B35 
This text focuses on how injuries affect body systems, helping users see how a disability may affect a client's long-term physical and psychological makeup. Legal sections discuss all aspects of a disability.

Legal Rights of Persons with Disabilities: An Analysis of Federal Law KF 480 .T83
Discusses what is required, permitted and guaranteed by federal disability laws including the ADA, Section 504 of the Rehabilitation Act, and the IDEA. 

Mental Disability Law: Civil and Criminal KF 480 .P47
Provides a discussion of the entire body of law affecting the mentally disabled.

Representing ADA Plaintiffs KF 480 .S8
Offers information designed to assist practitioners with ADA cases, including selecting and framing cases, drafting strong complaints, pattern discovery by jury instruction, attorney-client and work product privileges, and developing and proving damages. Includes sample forms.

3.     FORMS

American Jurisprudence Pleading and Practice Forms Annotated
KF 8836 .A45 (Ready Reference)
Volume 5B, Civil Rights, contains a comprehensive collection of court-tested state and federal forms, checklists, and timetables needed for every stage of a case. Includes commentary and "how to" guidance, plus statutory and procedural rules references.
Electronic Access:  On the Law Library's computers, using WestlawNext.

American Jurisprudence Proof of Facts KF 8935 .A52 (Compact)
This set provides step-by-step information on how to prove various types of torts. Index topics include Defense by Employer, Employment Discrimination, Health Care Services Discrimination, and Mental Disability as Basis for Employment Discrimination.
Electronic Access:  On the Law Library's computers, using WestlawNext. 

4.     WEB SITES

ADA Home Page
http://www.ada.gov/
Created and maintained by the Department of Justice, this website contains numerous publications and manuals; links to federal, state, and local agencies; and technical assistance guides and design standards.

ADA Accessibility Guidelines
http://tinyurl.com/ADA-Accessibility-Guidelines 
The requirements established by the ADA for the construction and alteration of facilities in the private and public sectors, known as the ADA Accessibility Guidelines (ADAAG) are developed by the Access Board. This web site provides guidelines, standards, frequently asked questions, and technical assistance via phone, email, or fax.

Disability.Gov
http://www.disability.gov/
Disability.gov is an award-winning federal Web site that contains disability-related resources on programs, services, laws and regulations to help people with disabilities lead full, independent lives. Users can find information on a variety of topics, including benefits, civil rights, community life, education, emergency preparedness, employment, housing, health, technology and transportation.

Equal Employment Opportunity Commission (EEOC)
http://www.eeoc.gov/laws/types/disability.cfm
The U.S. Equal Employment Opportunity Commission is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. The commission also works to prevent discrimination before it occurs through outreach, education and technical assistance programs.

National Council on Disability (NCD)
http://www.ncd.gov/
The NCD is an independent federal agency that provides advice to the President, Congress, and executive branch agencies to promote policies, programs, practices, and procedures that guarantee equal opportunity for all individuals with disabilities. The web site contains the council's publications, newsletter, and an update on current issues.

U.S. Department of Justice, Disability Rights Section
http://www.justice.gov/crt/about/drs/ 
This section of the DOJ is responsible for enforcement, regulation propagation, certification, and technical assistance. It implements the Department of Justice's enforcement responsibilities under titles I, II, and III of the ADA, in addition to responding to requests for certification from state and local governments that accessibility requirements for newly constructed and altered buildings and facilities meet or exceed the ADA Standards for Accessible Design. The Disability Rights Section develops regulations for the enforcement of Titles II and III of the ADA, and also coordinates ADA technical assistance government-wide.

U.S. Department of Labor: Disability Resources
http://www.dol.gov/dol/topic/disability/ADA.htm
Provides information and resources on the ADA and the various agencies responsible for enforcement. Includes links, publications, and answers to frequently asked questions.

5.     COMMUNITY RESOURCES

Department of Fair Employment and Housing (DFEH)
Sacramento District Office
(916) 478-7230
2218 Kausen Drive, Suite 100
Elk Grove, CA 95758
http://www.dfeh.ca.gov/Contact.htm

Equal Employment Opportunity Commission (EEOC)
San Francisco District Office
350 The Embarcadero, Suite 500
San Francisco, CA 94105-1260 1-800-669-4000
http://www.eeoc.gov/sanfrancisco/index.html
The San Francisco District Office has jurisdiction over several states in the Pacific Northwest and numerous counties in Northern California. Its website features information on filing a claim locally, as well as mediation and outreach resources available within its jurisdiction. 

updated rmm    03/03/2014