by Willie Davis, SLC Consultant

There are five titles to the ADA. Each of these titles as established in the Act is intended to prevent discrimination on the basis of disability. They are:

Title I – Prohibits employment discrimination
Title II – Prohibits discrimination in programs, activities, and services provided by state and local governments
Title III – Prohibits discrimination in providing public accommodations, commercial facilities, and transportation
Title IV – Requires common carriers of wire or radio to provide technological accommodations
Title V – Prohibits taking action against an individual for complaints about discrimination.

FACT: The Americans with Disabilities Act does not apply on reservations unless it has been adopted by the tribal council.
FACT: As of 2005, very few tribal councils had adopted all five titles of ADA.

Presently, there is the need for Tribal Governments to look at adopting these titles. In most cases, they simply want to review the legislation and have the opportunity to make any desired changes to meet local needs. There are many benefits for them to consider adopting ADA. For example, tribal members with disabilities will have an equal opportunity to find and secure employment.

There is a movement by local coalition members on the Turtle Mountain Reservation to get ADA passed. Presently, the Tribal Council is reviewing the 31 page document as adapted from the United States ADA act. If achieved, then our tribe would be one of the first to adopt all five titles.

The ADA has been a safeguard to assist people with disabilities, but it does not guarantee that you will get a job. Some people still think that those hiring will not give a person with a disability a chance. I often wonder, if I did not have contacts in my community when I first graduated from college, how long it would have taken to find employment. Even today, that is how I got my Consultant position with Spirit Lake Consulting, I knew the President and gave him my business card and followed up with a cover letter and resume. So, I do believe that it is vital that you develop a network of people and businesses that are aware of your qualifications, so that if and when they are ready for hiring, you will be considered. This is one reason our workshops offer opportunities for group interaction. Of course, the major reason is to allow staff and family members to share their knowledge and experiences. Still, you never know when the person you meet might be in a hiring position. It may be more difficult for people with disabilities to get involved in the community, but it is also more important.

ADA is a comprehensive civil rights law for people with disabilities. Still, it is important that people stand up for themselves or find someone to assist in their personal or professional needs. After all, many of these changes or accommodations can result in positive outcomes for both the employee and employer. Both need to put a little work and communication into resolving the problem or issue. In my case, I did not wait passively for my employer to meet my needs or even figure out what those needs were. I identified the modifications I needed, such as wider doorways, and found the organization on the reservation that could make those modifications.