Understanding the Law

The Americans with Disabilities Act (ADA)

In 1990, the Americans with Disabilities Act (ADA) was signed into law by President George H.W. Bush. The ADA, the most comprehensive of the nation’s disability laws, prohibits discrimination and ensures equal opportunity for persons with disabilities in employment, state and local government services, public accommodations, commercial facilities, and transportation. The ADA was amended in 2008 (now the Americans with Disabilities Amendments Act, or ADAA), and it broadened the scope and definition of disability.

The ADA governs the following five areas, referred to as titles:

    • Title I - Employment
    • Title II - Public Entities & Transportation
    • Title III – Public Accommodations
    • Title IV – Telecommunications
    • Title V – Miscellaneous Provisions.

Brief Synopsis

Title II - includes publicly-funded universities, community colleges, and vocational schools.

Title III states, “No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any private entity who owns, leases (or leases to), or operates a place of public accommodation.”

Title III applies to:

(1) Public accommodation;

(2) Commercial facility; or

(3) Private entity that offers examinations or courses related to applications, licensing, certification, or credentialing for secondary or post-secondary education, professional, or trade purposes.

Fact: Harvard and MIT, both private schools, were brought to court in 2015 under title III of the ADA, section 3, over accessibility of electronic media. This means that private schools, (like Lewis University) are not exempt from the ADA.

The Rehabilitation Act (1973)

    • Section 501 - Requires affirmative action and nondiscrimination in employment by Federal agencies of the executive branch.
    • Section 503 - Requires affirmative action and prohibits employment discrimination by Federal government contractors and subcontractors with contracts of more than $10,000.
    • Section 504 - Ensures equal access to all programs, services, and activities receiving federal subsidy. Web-based communications for public educational institutions are covered by this as well.
    • Section 508 - Addresses information technology procured by the federal government and some entities that receive federal funding.

Section 504 states: “No otherwise qualified individual with a disability in the United States, as defined in section 7(20), shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal Service.”

Section 508 mandates that federal agencies make electronic information accessible to members of the public with disabilities, as well as employees with disabilities. Section 508 applies to colleges and universities that receive federal funding.

Fact: 97% of new incoming Lewis students receive financial assistance. Approximately $60 million is awarded each year through federal, state, institutional and donor funding. This means that Section 504 and Section 508 laws apply to Lewis University!

Why We Should Pay Attention

    • Creating accessible courses is good for all students - It is good teaching!
    • More & more information is going online, along with how we do business.
      • Poorly designed websites can create unnecessary barriers for people with disabilities, just as poorly designed buildings prevent some people with disabilities from entering. (https://www.ada.gov/pcatoolkit/chap5toolkit.htm)
    • The courts are finally starting to enforce the laws.
      • In 2015, Harvard and MIT were sued under Title III of The ADA. The National Association of the Deaf filed federal lawsuits saying both universities violated anti-discrimination laws by failing to provide closed captioning in their online lectures, courses, podcasts, and other educational materials.
      • In 2010, Pennsylvania State University was sued because its website and course materials were inaccessible, particularly to students with visual impairments using screen reader software.
      • There are over a dozen other cases related to web access in higher education.


Resources: