Biomedical Engineering Reference
In-Depth Information
state version of this service is paid for by
customers of the various communication
companies, typically a 50¢ charge on one's
bill. States are also allowed to set up a relay
service for in-state use. One further man-
date is that public service announcements
for television produced or funded by the
federal government must have closed cap-
tioning and that television stations airing
those announcements must broadcast the
closed captioning.
Title V is a miscellany addressing var-
ious aspects and consequences of the ADA.
For example, Title V states that individuals
with disabilities are not required to accept
accommodations or services; states can be
sued for not following the ADA; people
who oppose practices that the ADA made
unlawful cannot be retaliated against; and,
anyone who takes advantage of this law
for themselves or encourages others to
do so cannot be coerced or intimidated
because of that stand. The U.S. Senate
and House of Representatives specifically
included themselves as subject to the ADA
in employment and physical access issues.
Importantly, enforcement procedures
are included in the ADA and the rules
and regulations of the various agencies
overseeing the various parts of the law's
implementation contain information for
consumers on how to lodge complaints.
strate that she or he has a disability. In
other words, they must qualify as having
a disability to be covered under the law.
In the original legislation, “disability” was
defined with the following three phrases:
(1) a physical or mental impairment that
substantially limits one or more of the
major life activities of such individual,
(2) a record of such an impairment, or
(3) being regarded as having such an
impairment. There was no additional or
specific language that explained when an
individual should be considered to have
a disability and no further explanation of
major life activities. The definition of dis-
ability did not change in the 2008 version
of the ADA; however, Congress added the
following language so that there would be
no doubt that Congress intended more
people with more conditions be covered
under the ADA rather than fewer:
[from Sect. 3(2)(A)] . . . major life
activities include, but are not limited to,
caring for oneself, performing manual
tasks, seeing, hearing, eating, sleeping,
walking, standing, lifting, bending,
speaking, breathing, learning, reading,
concentrating, thinking, communicat-
ing, and working.
. . . a major life activity also includes the
operation of a major bodily function,
including but not limited to, functions
of the immune system, normal cell
growth, digestive, bowel, bladder, neu-
rological, brain, respiratory, circulatory,
endocrine, and reproductive functions.
Why Congress
Amended the ADA
When an individual lodges a complaint
or lawsuit against any entity under the
ADA, that individual must first demon-
Congress added additional language to
give further clarity:
