法律英语：124 What Is the Americans With Disabilities Ac

by Adam Freedman

Today’s topic:  The Americans with Disabilities Act turns 20. Learn the basics of this landmark¹ legislation--and why not everyone is celebrating its birthday.
And now, your daily dose of legalese: This article does not create an attorney-client relationship with any reader. In other words, although I am a lawyer, I’m not your lawyer. In fact, we barely know each other. If you need personalized legal advice, contact an attorney in your community.
The podcast edition of this article was sponsored by Go to Meeting.  With this meeting service, you can hold your meetings over the Internet and give presentations, product demos and training sessions right from your PC. For a free, 45 day trial, visit GoToMeeting.com click the try it free button and enter the code podcast.

What Is the Americans with Disabilities Act (ADA)?
This year marks the twentieth anniversary of the Americans with Disabilities Act (ADA), which forbids discrimination against the disabled by businesses and government in a variety of contexts. The law is widely praised for removing barriers to handicapped individuals. But the law also has its critics, many of whom charge that the ADA has led to unintended consequences and frivolous² lawsuits³.
What Does the ADA Cover?
The ADA was signed into law by President George H.W. Bush on July 26, 1990. As I explained in an earlier article, the ADA is one of many federal laws targeting discrimination against vulnerable groups. The law has four main sections which cover discrimination in employment, state and local government, “public accommodations,” and telecommunications.
What is a “Disability?”
To fall under the protection of the ADA, an individual must have a “disability,” which the law defines as a physical or mental impairment that “substantially limits one or more major life activities.” The law also covers persons who are thought to have such an impairment (even if they don’t), as well as persons discriminated⁴ against because they have a known association or relationship with an individual with a disability.
To take an example, HIV/AIDS can count as a disability under the ADA; thus discrimination against a person suffering from AIDS as well as that person’s partner, is prohibited. The law could potentially also cover a person who is wrongly suspected of having AIDS.
What Exactly Is Employment Discrimination?
Title I of the ADA covers employment discrimination. The law requires employers with 15 or more employees grant equal opportunity to individuals with disabilities who are otherwise qualified⁵ to perform a job. For example, it prohibits discrimination in recruitment, hiring, promotions⁶, training, pay, social activities, and other privileges of employment.
If an individual would be qualified to perform the essential functions of a particular job, except for his or her disability, the employer is required to consider making what is known as a “reasonable accommodation” for that individual.
What is “Reasonable Accommodation?”
“Reasonable accommodation” is a term that describes any modification⁷ to a job or work environment that allows a disabled person to apply for, or perform, a particular job. These can include, for example, making a job site accessible, modifying work schedules, acquiring special equipment, or providing training.
State and Local Governments Must Comply
Title II of the ADA requires that State and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services, and activities (such as public education, employment, transportation, recreation, health care, social services, courts, voting, and town meetings). States and localities have to follow specific architectural standards in the new construction and alteration⁸ of their buildings
Removing Barriers to “Public Accommodations”
Title III of the ADA prohibits discrimination by businesses and non-profit groups that operate so-called “public accommodations.” Public accommodation is a very broad concept that includes such things as restaurants, retail⁹ stores, movie theaters, private schools, zoos, funeral homes, day care centers, and a host of other facilities.
Those who operate public accommodations are forbidden to engage in discriminatory practices against the disabled, for example, by excluding or segregating¹⁰ disabled persons. They also have to comply with architectural accessibility standards when building new facilities or altering existing ones; and to the extent they can remove existing barriers without undue¹¹ expense, they must do so.
Telecommunications
The last major portion of the ADA, Title IV, requires telephone companies to establish telecommunications relay services, which enables callers with hearing and speech difficulties to communicate via TDD or “telecommunications devices for the deaf.”
Is the ADA too Broad?
As I mentioned at the beginning of the article, the ADA has also come in for criticism--not because anyone thinks that discrimination against the disabled is acceptable, but because people fear the law has led to unintended consequences.
First of all, critics charge that the ADA casts too wide a net.   The definition of “disabled,” for example, encompasses¹² not only groups such as paraplegics and the blind and deaf, but also those suffering from mental conditions (such as bipolar disorder) and those suffering from addiction¹³ (such as alcoholics). Some argue that it’s bad policy to lump all those disparate conditions together.
Another example of the law’s breadth is the fact that, under Title III, all public accommodations must allow “service animals.” The law’s framers were probably thinking about seeing-eye dogs, but the definition is so broad that snakes, lizards¹⁴, pit bulls, chickens, pigeons, and rodents¹⁵ have all been declared service animals--causing some commotion¹⁶ in places like restaurants and public buses.  The Justice Department has recently issued regulations narrowing the definition of “service” animal to certain categories of dogs.
Are Lawyers to Blame?
The ADA has also been the source of much litigation, leading some to criticize lawyers who seem to make a specialty¹⁷ of pushing the envelope of the law. I know, it’s always easy to blame the lawyers, but some of the decisions under the ADA have raised eyebrows¹⁸. For example, a jury in New Jersey¹⁹ ordered a rheumatologist to pay $400,000 for failing to provide a deaf patient with a sign language interpreter at his own expense. And recently, the popular burrito chain Chipotle was found to be in violation²⁰ of the ADA because in two of its restaurants wheelchair-bound patrons did not have the same opportunity to view the food being prepared.
I think everyone wants to remove barriers to disabled persons in the workplace and in public facilities.  But all discrimination laws have to face the question of how far the government should go, and reasonable minds can differ on that question. For me, I draw the line at burrito-watching, but of course, you could reverse that particular interpretation²¹ of the ADA without getting rid of the whole enchilada, as it were.
Thank you for reading Legal Lad’s Quick and Dirty Tips for a More Lawful²² Life. Thanks again to our sponsor this week, Go To Meeting. Visit GoToMeeting.com/podcast and sign up for a free 45 day trial of their online conferencing service. That’s GotoMeeting.com/podcast for a free 45 day trial.
And finally, I wanted to let you know about a terrific new book by my Quick and Dirty Tips colleague Stever Robbins, aka The Get it Done Guy. Get-It-Done Guy's 9 Steps to Work Less and Do More covers all the big things that cause you to fall behind on your goals, like email overload²³ and procrastination²⁴. The book is available in paperback²⁵ and as an ebook and audiobook. Enjoy!
You can send questions and comments to.............Please note that doing so will not create an attorney-client relationship and will be used for the purposes of this article only.
 

1 landmark   

n.陆标，划时代的事，地界标

参考例句：

• The Russian Revolution represents a landmark in world history.俄国革命是世界历史上的一个里程碑。
• The tower was once a landmark for ships.这座塔曾是船只的陆标。

2 frivolous   

adj.轻薄的；轻率的

参考例句：

• This is a frivolous way of attacking the problem.这是一种轻率敷衍的处理问题的方式。
• He spent a lot of his money on frivolous things.他在一些无聊的事上花了好多钱。

3 lawsuits   

n.诉讼( lawsuit的名词复数 )

参考例句：

• Lawsuits involving property rights and farming and grazing rights increased markedly. 涉及财产权，耕作与放牧权的诉讼案件显著地增加。 来自辞典例句
• I've lost and won more lawsuits than any man in England. 全英国的人算我官司打得最多，赢的也多，输的也多。 来自辞典例句

4 discriminated   

分别，辨别，区分( discriminate的过去式和过去分词 )； 歧视，有差别地对待

参考例句：

• His great size discriminated him from his followers. 他的宽广身材使他不同于他的部下。
• Should be a person that has second liver virus discriminated against? 一个患有乙肝病毒的人是不是就应该被人歧视？

5 qualified   

adj.合格的，有资格的，胜任的，有限制的

参考例句：

• He is qualified as a complete man of letters.他有资格当真正的文学家。
• We must note that we still lack qualified specialists.我们必须看到我们还缺乏有资质的专家。

6 promotions   

促进( promotion的名词复数 )； 提升； 推广； 宣传

参考例句：

• All services or promotions must have an appeal and wide application. 所有服务或促销工作都必须具有吸引力和广泛的适用性。
• He promptly directed the highest promotions and decorations for General MacArthur. 他授予麦克阿瑟将军以最高的官阶和勋奖。

7 modification   

n.修改，改进，缓和，减轻

参考例句：

• The law,in its present form,is unjust;it needs modification.现行的法律是不公正的，它需要修改。
• The design requires considerable modification.这个设计需要作大的修改。

8 alteration   

n.变更，改变；蚀变

参考例句：

• The shirt needs alteration.这件衬衣需要改一改。
• He easily perceived there was an alteration in my countenance.他立刻看出我的脸色和往常有些不同。

9 retail   

v./n.零售；adv.以零售价格

参考例句：

• In this shop they retail tobacco and sweets.这家铺子零售香烟和糖果。
• These shoes retail at 10 yuan a pair.这些鞋子零卖10元一双。

10 segregating   

（使）分开( segregate的现在分词 )； 分离； 隔离； 隔离并区别对待（不同种族、宗教或性别的人）

参考例句：

• The government has just repealed the law segregating the public facilities. 这个政府已经撤销了分离公共设施的法律。
• Siblings and dizygotic twins share only 50% of their segregating genes. 同卵双生双胞胎和双卵双生双胞胎分享仅50%的基因。

11 undue   

adj.过分的；不适当的；未到期的

参考例句：

• Don't treat the matter with undue haste.不要过急地处理此事。
• It would be wise not to give undue importance to his criticisms.最好不要过分看重他的批评。

12 encompasses   

v.围绕( encompass的第三人称单数 )；包围；包含；包括

参考例句：

• The job encompasses a wide range of responsibilities. 这项工作涉及的职责范围很广。
• Its conservation law encompasses both its magnitude and its direction. 它的守恒定律包括大小和方向两方面。 来自辞典例句

13 addiction   

n.上瘾入迷，嗜好

参考例句：

• He stole money from his parents to feed his addiction.他从父母那儿偷钱以满足自己的嗜好。
• Areas of drug dealing are hellholes of addiction,poverty and murder.贩卖毒品的地区往往是吸毒上瘾、贫困和发生谋杀的地方。

14 lizards   

n.蜥蜴( lizard的名词复数 )

参考例句：

• Nothing lives in Pompeii except crickets and beetles and lizards. 在庞培城里除了蟋蟀、甲壳虫和蜥蜴外，没有别的生物。 来自辞典例句
• Can lizards reproduce their tails? 蜥蜴的尾巴断了以后能再生吗？ 来自辞典例句

15 rodents   

n.啮齿目动物( rodent的名词复数 )

参考例句：

• Rodents carry diseases and are generally regarded as pests. 啮齿目动物传播疾病，常被当作害虫对待。 来自《简明英汉词典》
• Some wild rodents in Africa also harbor the virus. 在非洲，有些野生啮齿动物也是储毒者。 来自辞典例句

16 commotion   

n.骚动，动乱

参考例句：

• They made a commotion by yelling at each other in the theatre.他们在剧院里相互争吵，引起了一阵骚乱。
• Suddenly the whole street was in commotion.突然间，整条街道变得一片混乱。

17 specialty   

n.(speciality)特性，特质；专业，专长

参考例句：

• Shell carvings are a specialty of the town.贝雕是该城的特产。
• His specialty is English literature.他的专业是英国文学。

18 eyebrows   

眉毛( eyebrow的名词复数 )

参考例句：

• Eyebrows stop sweat from coming down into the eyes. 眉毛挡住汗水使其不能流进眼睛。
• His eyebrows project noticeably. 他的眉毛特别突出。

19 jersey   

n.运动衫

参考例句：

• He wears a cotton jersey when he plays football.他穿运动衫踢足球。
• They were dressed alike in blue jersey and knickers.他们穿着一致，都是蓝色的运动衫和灯笼短裤。

20 violation   

n.违反(行为)，违背(行为)，侵犯

参考例句：

• He roared that was a violation of the rules.他大声说，那是违反规则的。
• He was fined 200 dollars for violation of traffic regulation.他因违反交通规则被罚款200美元。

21 interpretation   

n.解释，说明，描述；艺术处理

参考例句：

• His statement admits of one interpretation only.他的话只有一种解释。
• Analysis and interpretation is a very personal thing.分析与说明是个很主观的事情。

22 lawful   

adj.法律许可的，守法的，合法的

参考例句：

• It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。
• We don't recognised him to be the lawful heir.我们不承认他为合法继承人。

23 overload   

vt.使超载；n.超载

参考例句：

• Don't overload the boat or it will sink.别超载，否则船会沉。
• Large meals overload the digestive system.吃得太饱会加重消化系统的负担。

24 procrastination   

n.拖延，耽搁

参考例句：

• Procrastination is the father of failure. 因循是失败的根源。
• Procrastination is the thief of time. 拖延就是浪费时间。

25 paperback   

n.平装本，简装本

参考例句：

• A paperback edition is now available at bookshops.平装本现在在书店可以买到。
• Many books that are out of print are reissued in paperback form.许多绝版的书籍又以平装本形式重新出现。