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We created this series (“Know Your Rights”) to help share important information with other neurodivergent individuals about supports and protections that are available for them. It has been tough for us to find all of this information in one place, so my primary goal is to make this information easy to find + remember while you are advocating for yourself or your children.
What is the Americans with Disabilities Act (ADA)?
The Americans with Disabilities Act is a civil rights law that prohibits discrimination against individuals with disabilities (including neurodivergent individuals) in all areas of public life, including jobs, schools, transportations and public/private spaces.
The ADA was enacted in 1990 to promote equal opportunity, participation, and independence for all. It is a non-discrimination and accessibility mandate but it does not provide funding to any government or non-government entity to support these mandates.
Other funding + other government-mandated supports for disabled and neurodivergent folk not covered within this post about the ADA are IDEA + FAPE (1990) + The Rehabilitation Act (1973) which I will cover in future posts!
The 5 Areas Covered by ADA
Title 1: Employment - Requires employers with 15 or more employees to provide reasonable accommodations to qualified applicants and workers who
Title 2: State + Local Governments - Prohibits neurodivergent individuals from being excluded from public programs, public schools, public services, and public transit systems.
Title 3: Public + Private Corporations -Mandates private entities open to the public (like restaurants, hotels, and stores) to provide accessible spaces and reasonable accommodations to access services.
Title 4: Telecommunication - Mandates relay services and telephone access for all individuals.
Title 5: Miscellaneous Provisions - Covers legal aspects like state immunity and architectural standards for disability accommodations.
Under Title 1, employers with 15+ employees are prohibited from discriminating against neurodivergent individuals by providing...
reasonable accommodations
equal pay, promotions, + promotional opportunities
equal access to work environments + buildings through accessibility accommodations
Under Title 2, schools are prohibited from discrimination against neurodivergent individuals by providing...
Physical Accessibility Options like handrails, ramps, modified bathrooms + playgrounds, etc.
Modifications to Policies: School must adjust standard operation procedures, practices, and rules when necessary to allow
Accessible Technology + Communication
Equal Access to Non-Academic Programs: extracurriculars, music ensembles, school clubs, field trips, sports teams, school plays, and school graduations must all be accessible and modified for disabled or neurodivergent folk.
Disabilities Covered Under the ADA
Neurodevelopmental + Learning Disabilities: Autism Spectrum Disorder (ASD), Attention-Deficit/Hyperactivity Disorder (ADHD), dyslexia, sensory or auditory processing disorders
Mental Health Conditions: major depression, anxiety disorder, bipolar, and PTSD
Physical or Other Sensory Impairments: cerebral palsy, muscular dystrophy, spinal cord injuries, amputations, severe arthritis, blindness or visual impairment, deafness or hearing loss
Chronic Health Conditions: diabetes, epilepsy, severe allergies, asthma, cancer, thyroid disorders, and heart or autoimmune disease.
Shawn Abigail Johnson
MS, BCBA, LBA
Diverse Connections AZ
