The rights of handicapped persons to enjoy equal employment opportunities were established on the federal level with the enactment of the “Rehabilitation Act of 1973” (29 U.S.C. 701-794). Although “not designed specifically as an employment discrimination measure but rather as a comprehensive plan to meet many of the needs of the handicapped” (Twomey, 2001, p.540). The Rehabilitation Act provided three sections (sections 501,503,504) that prevented discrimination in employment. Section 501 was applicable to the federal government itself. Section 503, applied to federal contractors. Finally, section 504 applied to the recipients of federal funds.

On Tuesday, the 23rd of January 1990, a “clear and comprehensive prohibition of discrimination on the bases of disability” was established by the One Hundred First Congress of the United States of America in its second session (D.O.L, 2003). The Americans with Disabilities Act (ADA) of 1990, which is estimated to cover over, 43 million Americans with disabilities, went into full effect in January of 1992. Considered a “Bill of Rights for Americans with a wide variety of disabilities” the act applies to employme

Implementation of the Americans with Disabilities Acts falls not upon one sole federal agency. The Attorney General, Equal Employment Opportunity Commission, Secretary of Transportation, and the Chairman of the Federal Communications Commission, all have responsibilities under “SEC. 505 Paragraph (2), for implementing the ADA and rendering assistance to individuals and institutions that have rights or duties under the respective title or titles” (DOL, 2003). The Equal Employment Opportunity Commission and Attorney General, have the responsibility of implementing title I. The Attorney General will implement subtitle A of title II and the Secretary of Transportation has the responsibility of implementing subtitle B of title II. The Attorney General, in coordination with the Secretary of Transportation and the Chair of the Architectural Transportation Barriers Compliance Board, has the responsibility of implementing title III. The Attorney General, in coordination with the Chairman of the Federal Communications Commission has the responsibility of implementing title IV.

In 2001, “17 percent of the population of the United States, was considered legally disabled” (Holley, Jennings, Wolters, 2001, p. 424). At the time of the ADA’s passage in 1990, “two-thirds of people with disabilities between the ages of 16 and 64” were unemployed. However, “66 percent indicated that they would prefer to be employed” (Holley, Jennings, Wolters, 2001, p. 424). As Boone & Kurtz points out, “with the rising education level and the influence of the American with Disabilities Act, disabled people will be entering the workforce in increasing numbers” (1999, p. 314).

Complaints of title III violations may be filed with the Department of Justice. In certain situations, cases may be referred to a mediation program sponsored by the Department of Justice. The Department of Justice is authorized to bring a lawsuit where there is a pattern or practice of discrimination in violation of title III, or where an act of discrimination raises an issue of general public importance. Title III may also be enforced through private lawsuits. It is not necessary to file a complaint with the Department of Justice or any Federal agency, or to receive a “right-to-sue” letter, before going to court. The ADA gives the courts the authority in a civil action the power to; grant temporary, preliminary, or permanent relief. Award monetary damages to persons “aggrieved when requested by the Attorney General” (DOL, 2003). In order to vindicate the public interest, “assess a civil penalty against an individual or business in an amount not exceeding $50,000 for a first violation; and not exceeding $100,000 for any subsequent violation” (DOL, 2003).

The transportation provisions of title II covers public transportation services, such as city buses and public rail transit (e.g. subways, commuter rails, Amtrak). Public transportation authorities may not discriminate against people with disabilities in the provision of their services. They must comply with requirements for accessibility in newly purchased vehicles, and make good faith efforts to purchase or lease accessible used buses, remanufacture buses in an accessible manner, and, unless it would result in an undue burden, provide paratransit where they operate fixed-route bus or rail systems. Paratransit is a service where individuals who are unable to use the regular transit system independently (because of a physical or mental impairment) are picked up and dropped off at their destinations.

with people who have hearing, vision, or speech disabilities. Public entities are not required to take actions that would result in undue financial and administrative burdens. This part of the ADA of very vague. With out specific acknowledgement of what is considered a financial or administrative burden, many institutions have at their disposal the reason n

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