The Americans with Disabilities Act

5 min read · BoK 3C· p. 57–57

Learning objectives (3)

Name the five titles of the ADA and the area each covers
Explain the 'regarded as' provision and why it matters
Summarize the ADA's findings as a civil rights rather than medical law

Why it matters

The ADA 1990 is the United States’ foundational disability rights law and the most cited law in CPACC Domain Three for US contexts. Understanding its five titles, its civil rights framing, and the “regarded as” provision helps candidates answer scenario-based questions about what the ADA requires and why. (BoK p. 57)

ADA as civil rights law

The ADA frames disability discrimination as a civil rights issue, not a medical or welfare matter. Its findings section acknowledged that people with disabilities had been isolated, segregated, and subjected to discrimination in employment, education, transportation, and other areas of public life. The ADA’s purpose is to ensure equal opportunity, full participation, independent living, and economic self-sufficiency for people with disabilities. (BoK p. 57)

This framing is important. The ADA does not seek to “fix” people with disabilities; it seeks to remove barriers and ensure equal treatment.

The five titles

The ADA is organized into five titles, each covering a different sector:

Title	Area covered
Title I	Employment — prohibits discrimination by employers with 15 or more employees
Title II	State and local government services and transportation — public entities, transit agencies, and public transit must be accessible
Title III	Public accommodations — businesses and non-profits open to the public
Title IV	Telecommunications — telephone relay services for people who are Deaf/HOH
Title V	Miscellaneous — relationship to other laws, attorney’s fees, technical assistance

(BoK p. 57)

The “regarded as” provision

The ADA protects not only people who have a disability but also those who are regarded as having one. If an employer treats an applicant as though they have a disability — by refusing to hire them because of a perceived impairment, for example — the ADA’s protections apply even if the person does not have an actual disability. This prevents discrimination based on myths, fears, and stereotypes about disability. (BoK p. 57)

Real-world example

A software company with 20 employees receives a job application from a candidate whose resume mentions they have epilepsy. The hiring manager decides not to invite the candidate for an interview, believing the role would be “too stressful” for someone with a seizure disorder — without any medical evidence or assessment. The candidate’s epilepsy is well-controlled and does not affect their ability to perform the role. Under ADA Title I, the company has discriminated on the basis of disability. Even under the “regarded as” provision, treating the candidate as unable to work because of a perceived disability is unlawful.

Key terms

ADA 1990: The Americans with Disabilities Act; a US civil rights law prohibiting disability discrimination in employment, public services, and more. (BoK p. 57)
Civil rights law: The ADA frames disability access as a matter of civil rights and equal opportunity, not medical charity or welfare. (BoK p. 57)
Public accommodations: Under ADA Title III, businesses and non-profit organizations open to the public must be accessible to people with disabilities. (BoK p. 57)
Employment: ADA Title I prohibits discrimination against qualified individuals with disabilities in employment by covered employers. (BoK p. 57)
Transportation: ADA Title II covers public transportation, requiring accessibility of buses, trains, and transit facilities. (BoK p. 57)
Telecommunications: ADA Title IV requires telephone relay services so people who are Deaf or hard of hearing can use telephone networks. (BoK p. 57)
Regarded as: An ADA provision extending protections to people who are perceived or treated as having a disability, even if they do not. (BoK p. 57)

Check yourself

.cy-island-wrapper { display: none; }JavaScript is required for the interactive quiz. Here are the questions for reference:

Under the Americans with Disabilities Act (ADA), which title covers privately owned businesses and non-profit organizations that are open to the public — such as restaurants, hotels, and retail stores?

a) Title I
b) Title II
c) Title III — correct answer
d) Title IV

Explanation: The ADA's five titles each cover a different sector. Title III covers public accommodations: privately owned businesses and non-profit organizations that serve the public, including restaurants, hotels, theaters, stores, service establishments, and recreational facilities. Courts have extended Title III to websites and mobile apps operated by covered businesses. Title I covers employment; Title II covers state and local government; Title IV covers telecommunications; Title V covers miscellaneous provisions (BoK p. 57).

A hiring manager at a US company with 50 employees learns that a job applicant has a history of cancer that is currently in remission. Without any evidence that the cancer affects the applicant's ability to do the job, the manager removes the applicant from consideration, fearing the applicant will take frequent sick leave. Under the ADA, which concept is most relevant?

a) Disproportionate burden — the cost of accommodating a cancer survivor may be excessive
b) The 'regarded as' provision — the manager is treating the applicant as disabled based on a perception, triggering ADA protections — correct answer
c) Indirect discrimination — the hiring process has a disparate impact on people with a history of cancer
d) Section 504 of the Rehabilitation Act — cancer survivors are a protected class under federal employment law

Explanation: The ADA's 'regarded as' provision extends protections to people who are perceived or treated as having a disability, even if they do not currently have one that substantially limits a major life activity. The hiring manager here has no evidence the cancer history affects work performance; they are acting on an assumption — treating the applicant as though they are disabled. This triggers ADA Title I protections. The purpose of this provision is precisely to prevent employers from using stereotypes and fears about disability to exclude qualified candidates (BoK p. 57).

A policy director argues that the ADA 1990 represents a fundamental shift from a welfare approach to a civil rights approach to disability. Which feature of the ADA best supports this characterization?

a) The ADA provides direct financial benefits to people with disabilities through federal disability insurance programs
b) The ADA frames disability as a civil rights issue, prohibiting discrimination and guaranteeing equal opportunity in employment, public services, and public accommodations — correct answer
c) The ADA creates a federal agency responsible for diagnosing and certifying disability status
d) The ADA requires employers to hire a minimum quota of employees with disabilities

Explanation: The ADA 1990 is framed as civil rights legislation. Its findings acknowledge that people with disabilities have historically faced isolation, segregation, and discrimination — the same harms addressed by earlier civil rights laws. Its goal is equal opportunity, full participation, independent living, and economic self-sufficiency — not financial transfers or medical rehabilitation. The ADA achieves this through prohibition of discrimination and requirements for equal access, not through welfare benefits or quotas. This civil rights framing contrasts directly with the welfare and charity models that preceded it (BoK p. 57).

Sources

BoK references

Section 3C — IAAP CPACC Body of Knowledge v4.0 (Oct 2023), p. 57