- Who is Protected by the ADA?The Americans with Disabilities Act (ADA), as amended, prohibits discrimination against qualified individuals with a disability.Specifically, the ADA protects three categories of individuals:
- Individuals who have a physical or mental impairment that substantially limits one or more major life activities.
- Individuals who have a record of such an impairment
- Individuals who are regarded as having an impairment.
Congress intended the ADA definition of disability to be construed broadly. The ADA Amendments Act of 2008 was passed to make it much easier for people with a wide range of impairments to establish disability without much analysis.
Who is NOT covered?
The definition of disability does not include simple physical characteristics, common personality traits, or environmental, cultural, or economic disadvantages.
The ADA also excludes coverage for individuals who currently use illegal drugs, certain sexual disorders and preferences, and compulsive gambling, kleptomania, and pyromania. (Courtesy of Rocky Mountain ADA)
The Rocky Mountain ADA Center is a member of the National Network of ADA Centers funded by the National Institute on Disability Independent Living and Rehabilitation Research, part of the Administration for Community Living, United States Department of Health and Human Services. Our mission is to provide information on the Americans with Disabilities Act (ADA) to individuals and organizations in Colorado, Utah, Montana, Wyoming, North Dakota, and South Dakota. Our Center is operated by Meeting the Challenge, Inc. which is in Colorado Springs, Colorado. Our staff consists of people with disabilities, spouses and parents of people with disabilities, and people with professional experience in the disability field.
Our core services include:
- Materials dissemination
- Technical assistance on the ADA
- Referrals to experts
The Rocky Mountain ADA Center is not an enforcement agency, nor does it provide advocacy services. The information and materials provided by the Center is intended solely as informal guidance and are not a determination of your legal rights or responsibilities. All communication with the Center is strictly confidential.
The ADA prohibits discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications. It also applies to the United States Congress.
To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a disability.
An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment.
The ADA does not specifically name all of the impairments that are covered.
Disability Rights Montana envisions a society where people with disabilities have equality of opportunity and are able to participate fully in community life by exercising choice and self-determination.
The Mission of Disability Rights Montana is to protect and advocate for the human, legal, and civil rights of Montanans with disabilities while advancing dignity, equality, and self-determination.
For more information about using, or obtaining our services call (406) 259-5181 or (800) 669-6319.