ASK HANK: What’s the Difference Between the ADA of 1990 & the ADA Amendments Act of 2008 When it Comes to the Definition of Discrimination?

wheelchair-discriminationQUESTION:

What is the difference between the American’s With Disabilities Act (ADA) of 1990 and the ADA Amendments Act of 2008 when it comes to the definition of discrimination?

ANSWER:

The ADA of 1990 wasn’t explicitly clear in its definition of discrimination. With the ADA Amendments Act of 2008, we get a little better definition of discrimination of a person with disabilities when it comes to buildings owned by governments. See below from 42 U.S. Code § 12132 – Discrimination:

Discrimination

Subject to the provisions of this subchapter, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.

Hank Falstad, ADA Expert
Hank Falstad, ADA expert and founder of Access Avdocates

At ACCESS, we use 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!

Do you have a question for Hank, our ADA expert? Ask him here and he’ll send you a private, personal response.

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!

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