ADA is intended to promote equal access in programs, services, and activities throughout society for people with disabilities. ADA prohibits discrimination against people with disabilities and requires reasonable accommodations to remove barriers to participation using the same general approach as Section 504: equal opportunity to participate in programs and services. The law applies to three primary groups: employers, federal agencies or organizations that receive federal funding, and private companies that serve the public.
Basic Requirements
ADA extends the underlying approach of Section 504 beyond federally funded organizations to include all state and local government agencies and systems (specified in Title II of ADA) and "covered entities" (specified in Title III). Covered entities are private business or organizations serving the general public, such as restaurants, malls and private colleges.
ADA takes special notice of the "transfer of information." It mandates that people with disabilities have the same access to information as other users of a covered entity.
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The impact of ADA on the accessibility of online materials is not clearly defined. Two relevant lawsuits, decided in October 2002, provide evidence that there is no decisive legal trend:
In Southwest Airlines vs. Robert Gumson, the plaintiff, who was blind, sued because he could not navigate the Southwest Airlines Web site to buy a ticket. The judge ruled Southwest Airlines was not a covered entity and its site need not be accessible to people with disabilities.
In Martin vs. MARTA (Metropolitan Atlanta Rapid Transit Authority), plaintiffs argued MARTA violated ADA by failing to make transit schedules on its Web site accessible to people with disabilities. In this case, the judge ruled in favor of the plaintiffs.
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Impact on Web-based Courses
ADA became law before widespread Internet use so it does not specifically address Web accessibility. Since the Web is a mode of communication, however, it may constitute a covered entity. Although there is no legal precedent, ADA might be interpreted to apply to all uses of the Web for educational purposes, whether through state systems (Title II) or through private organizations serving the public (Title III).
