QUESTION:
What is the difference between the ADA of 1990 and the ADA Amendments Act of 2008 when it comes to understanding if an individual has a qualifying disability?
ANSWER:
We at ACCESS always ask the individual in their own writing to tell us of their disability and look for the following — see below Section 2 from 42 U.S. Code § 12131 – Definition (of Public Entity) — when it come to government owned buildings:
SUBCHAPTER II – PUBLIC SERVICES
Part A – Prohibition Against Discrimination and Other Generally Applicable Provisions
Sec. 12131. Definitions
As used in this subchapter:
(1) Public entity
The term “public entity” means
(A) any State or local government;
(B) any department, agency, special purpose district, or other instrumentality of a State or States or local government; and
(C) the National Railroad Passenger Corporation, and any commuter authority (as defined in section 24102(4) of title 49).
(2) Qualified individual with a disability
The term “qualified individual with a disability” means an individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity.
Access Advocates uses our ADA architectural skills honed over the last 20 years to help you get buildings ADA compliant, one building at a time. Our services are free to people with disabilities. We want to help you make a difference and get buildings ADA compliant.
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Interested in learning more? Stay tuned as we continue our summer series with new posts detailing the main differences between the ADA of 1990 and the ADA Amendments Act of 2008. We’ll be sharing this information over the course of the summer, so check back often!