Family Members and the Americans With Disabilities Act (ADA)

Why should Latino parents learn more about the ADA?

Many Latino parents and family members do not receive information or training on how they can support their children with disabilities. Parents are not always aware of their children's rights, or their own rights as parents. Fear and mistrust can also be a barrier to accessing knowledge and information for Latino families. Most efforts to share information about children with disabilities focus on special education. Information becomes more limited for older children as they approach adulthood. Families who are educated about disability rights have children with more self-determination skills and confidence.

What is the ADA?

The ADA is a key civil rights law passed in 1990 that prohibits discrimination against individuals with disabilities in most areas of community life.

What is the definition of disability under the ADA?

The ADA defines a person with a disability as someone who:

Has a physical or mental impairment that substantially limits one or more major life activities, or
Has a history or record of an impairment (such as cancer that is in remission), or
Is regarded as having such an impairment by others even if the individual does not actually have a disability (such as a person who has scars from a severe burn that does not limit any major life activity).

What are my rights and responsibilities under the ADA?

Different sections of the ADA may apply to families and children in different ways.

Under Title I, qualified individuals with disabilities are protected in all aspects of employment. It includes reasonable accommodations, or adjustments/changes, that allow for equal access to the job or work environment.
Title II requires state/local governments to give people with disabilities an equal opportunity to benefit from all their programs, services, and activities. This may include places or programs like public schools, parks, voting locations, public transit, or youth sports leagues.
Title III prohibits discrimination based on disability in places and spaces that offer a service to the public. This includes private entities such as restaurants, hotels, theaters, doctors' offices, pharmacies, etc.

There are connections between the ADA and other laws that protect people with disabilities. When parents and other family members understand how each law applies and how they can advocate for their children, it is easier to make sure that the rights of people with disabilities are protected. It is important to understand the rights of your children and communicate with professionals and service providers.

Be an advocate for your children and teach them about the ADA and other laws, so your children can learn to how to advocate for themselves in the future.

Where can I learn more?

Other resources

ADA National Network: The ADA and Caregivers: Frequently Asked Questions: adata.org/factsheet/ada-and-caregivers
ADA National Network: Disability Rights Laws in Public Primary and Secondary Education: How Do They Relate?: adata.org/factsheet/disability-rights-laws-public-primary-and-secondary-education-how-do-they-relate
ADA National Network: Reasonable Accommodations in the Workplace: adata.org/factsheet/reasonable-accommodations-workplace
ADA National Network: An Overview of the Americans With Disabilities Act: adata.org/factsheet/ADA-overview

Suggested Citation: Horowitz, E., Garcia-Torres, M., Gonzalez, O., Parker Harris, S., Gould, R., Porter, M., and Harniss, M. (2024). Family Members and the Americans with Disabilities Act (ADA). Chicago, IL and Seattle, WA. ADA National Network Knowledge Translation Center.

Content was developed via the ADANN Spanish Language Outreach project, and is based on professional consensus of ADA experts and the ADA National Network.

The content of this product was developed under grants from the National Institute on Disability, Independent Living, and Rehabilitation Research (NIDILRR grant numbers 90DPAD0004, 90DPAD0011, 90DPAD0003, 90DPAD0008, 90DPAD0005, 90DPAD0012, 90DPAD0010, 90DPAD0007, 90DPAD0014, 90DPAD0006, and 90DPAD0002). NIDILRR is a Center within the Administration for Community Living (ACL), Department of Health and Human Services (HHS). The contents of this product do not necessarily represent the policy of NIDILRR, ACL, HHS, and you should not assume endorsement by the Federal Government.