July 26 marks the ninth anniversary of the passage of the Americans with Disabilities Act (ADA), representing the most powerful civil rights legislation for individuals with disabilities to date. Although the ADA does not specifically mention assistive technology, the ADA's requirements offer means individuals with disabilities to access the AT devices and services they need to participate in society. The five titles of the ADA require that employers provide "reasonable accommodations" to workers or job-seekers with disabilities; that government agencies make their programs and services "accessible"; and that public accommodations (i.e., private firms and others conducting business with the public) provide "reasonable accommodations" and "auxiliary aids and services," as well as to remove architectural barriers (Mendelsohn, 1994).
The ADA is comprised of five Titles, the first four of which have specific requirements relating to AT. Title I relates to employment of individuals with disabilities. It prevents employers from discriminating against "otherwise qualified" job applicants and employees with disabilities. Additionally, employers are required to provide "reasonable accommodations," allowing individuals with disabilities to apply for positions and perform job duties. The language of the ADA mentions that providing a reasonable accommodation to a job applicant or employee with a disability may involve "the acquisition or modification of equipment or devices." In many cases, these accommodations involve some type of AT (McCormick, 1994; Williams, 1991).
An employer does not have to make such accommodations if it would result in an "undue burden." To determine "undue burden," these factors are considered: (a) the nature and net cost of the needed accommodation, (b) minus any available tax credits, deductions, and outside funding; (c) the overall size and financial resources of the employer's entire business; (d) the overall size and financial resources of the actual work facility and (e) the impact that the accommodation would have on the operations of the business and its other employees (Williams, 1991).
Even if an employer proves that providing AT to an employee would be a hardship, the employer must give the employee an opportunity to take responsibility for the excess cost, either out of his or her own pocket or seek assistance from other funding sources (Williams,1991).
Title II of the ADA extends the nondiscrimination to all state and local entities, regardless of whether they receive federal funds. These must provide auxiliary aids and services to ensure "effective communication" with persons with disabilities, ensuring that communications with applicants, participants, and members of the public who have disabilities are as effective as communications without disabilities. They must also make as many existing buildings as accessible as possible and make all new buildings accessible (Williams, 1992a).
Under Title III, the ADA prohibits discrimination against people with
