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Friday, July 30, 2010

The Americans with Disabilities Act: Application to the Internet


Nancy Lee Jones
Legislative Attorney

The Americans with Disabilities Act (ADA) provides broad nondiscrimination protection in employment, public services, public accommodations, and services operated by private entities, transportation, and telecommunications for individuals with disabilities. As stated in the act, its purpose is "to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities."

However, the ADA, enacted on July 26, 1990, prior to widespread use of the Internet, does not specifically cover the Internet, and the issue of coverage has not been definitively resolved. The Supreme Court has not addressed this issue, although there are some lower court decisions. The cases that directly discuss the ADA's application to the Internet vary in their conclusions about coverage.

The American Recovery and Reinvestment Act (ARRA) did not specifically mention Internet accessibility, but did include the Health Information Technology for Economic and Clinical Health (HITECH) Act as part of P.L. 111-5, and also directed the Federal Communications Commission (FCC) to develop a national broadband plan. The FCC released its plan on March 16, 2010.


Date of Report: July 22, 2010
Number of Pages: 14
Order Number: R40462
Price: $29.95


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