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ADA-The Law-Full Text Version

• Public Law 101-336 - It is the purpose of this Act (1) to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities; (2) to provide clear, strong, consistent, enforceable standards addressing discrimination against individuals with disabilities...
• ADA-The Law (1) - To establish a clear and comprehensive prohibition of discrimination on the basis of disability.
• ADA-The Law (2) - Historically, society has tended to isolate and segregate individuals with disabilities, and, despite some improvements, such forms of discrimination against individuals with disabilities continue to be a serious and pervasive social problem...
• ADA-The Law (3) - An Act to establish a clear and comprehensive prohibition of discrimination on the basis of disability.
• ADA Regulation for Title II - This rule implements subtitle A of title II of the Americans with Disabilities Act, Pub. L. 101-336, which prohibits discrimination on the basis of disability by public entities. Subtitle A protects qualified individuals with disabilities from discrimination on the basis of disability in the services, programs, or activities of all State and local governments. It extends the prohibition of discrimination in federally assisted programs established by section 504 of the Rehabilitation Act of 1973 to all activities of State and local governments, including those that do not receive Federal financial assistance, and incorporates specific prohibitions of discrimination on the basis of disability from titles I, III, and V of the Americans with Disabilities Act.
• ADA Regulation for Title III - The purpose of this part is to implement title III of the Americans with Disabilities Act of 1990 (42 U.S.C. 12181), which prohibits discrimination on the basis of disability by public accommodations and requires places of public accommodation and commercial facilities to be designed, constructed, and altered in compliance with the accessibility standards established by this part.
• Title II & III Regulation Amendment Regarding Detectable Warnings - The Architectural and Transportation Barriers Compliance Board (Access Board), the Department of Justice, and the Department of Transportation are continuing the suspension of the requirements for detectable warnings at curb ramps, hazardous vehicular areas, and reflecting pool edges in the Americans with Disabilities Act Accessibility Guidelines (ADAAG) and the Standards for Accessible Design.

General Information

• General information on ADA - Over 54 million Americans with physical or mental impairments that substantially limit daily activities are protected under the ADA. These activities include working, walking, talking, seeing, hearing, or caring for oneself. People who have a record of such an impairment and those regarded as having an impairment are also protected.
• Questions about the Americans with Disabilities Act - The Americans with Disabilities Act gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, State and local government services, and telecommunications.
• Disability Etiquette - A disability is a condition caused by an accident, trauma, genetics or disease, which may limit a person's mobility, hearing, vision, speech or mental function. Some people with disabilities have one or more disabilities.  A handicap is a physical or attitudinal constraint that is imposed upon a person, regardless of whether that person has a disability. Webster's Ninth New Collegiate Dictionary defines handicap as to put at a disadvantage.
• ADA Information Services - This list contains the telephone numbers and Internet addresses of federal agencies and other organizations that provide information about the Americans with Disabilities Act (ADA) and informal guidance in understanding and complying with different provisions of the ADA.
• ADA Designated Investigative Agencies - Nine Federal agencies are designated to investigate disability-related discrimination complaints filed against State and local government programs under Title I or Title II of the Americans with Disabilities Act (ADA). Each agency is responsible for investigating complaints involving the topics described. In addition, under Section 504 of the Rehabilitation Act, these agencies investigate complaints involving the programs they fund.
• Enforcing the ADA: Looking Back on a Decade of Progress - Look around. Over the past decade so much has changed. It is no longer unusual to see people with disabilities dining out at restaurants, working in the office, participating in town hall meetings, shopping at the malls, watching a movie or cheering at a stadium. That's because the ADA is making the dream of access a reality.
• A Guide to Disability Rights Laws - This guide provides an overview of Federal civil rights laws that ensure equal opportunity for people with disabilities. To find out more about how these laws may apply to you, contact the agencies and organizations listed.
• A Guide for People with Disabilities Seeking Employment - If you are seeking a job or are new to the workforce, you should become familiar with the Americans with Disabilities Act of 1990 (ADA), a federal civil rights law designed to prevent discrimination and enable individuals with disabilities to participate fully in all aspects of society. One fundamental principle of the ADA is that individuals with disabilities who want to work and are qualified to work must have an equal opportunity to work. This brochure answers questions you may have about your employment rights under the ADA.
• Learn About the ADA in Your Local Library - To make access to information about the Americans with Disabilities Act (ADA) as easy as a trip to your local library, the Department of Justice (DOJ), through a grant to the Kansas State Library and the Chief Officers of State Libraries Agencies, has sent an ADA Information File containing technical assistance documents to 15,000 libraries across the country. Most libraries have placed the File at the reference desk. With the addition of the items identified by an asterisk (*), in early 1997 the ADA Information File will contain the materials listed here.
  
• Myths and Facts - The ADA has resulted in a surprisingly small number of lawsuits -- only about 650 nationwide in five years. That's tiny compared to the 6 million businesses; 666,000 public and privateemployers; and 80,000 units of state and local government that must comply...
• ADA Mediation Program - Mediation is an informal process where an impartial third party helps disputing parties to find mutually satisfactory solutions to their differences. Mediation can resolve disputes quickly and satisfactorily, without the expense and delay of formal investigation and litigation.
• ADA Information Line - The U.S. Department of Justice provides information about the Americans with Disabilities Act (ADA) through a toll-free ADA Information Line. This service permits businesses, State and local governments, or others to call and ask questions about general or specific ADA requirements including questions about the ADA Standards for Accessible Design.
• New Freedom Initiative - On February 1, 2001, President George W. Bush announced his New Freedom Initiative to promote the full integration of people with disabilities into all aspects of American life. The goals of this comprehensive plan include expanding educational and employment opportunities; increasing access to assistive technologies and public accommodations; and providing accessible transportation and housing options for individuals with disabilities.
• Facts About the Americans with Disabilities Act - Title I of the Americans with Disabilities Act of 1990, which took effect July 26, 1992, prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions and privileges of employment.
• The Americans with Disabilities Act Policy Brief Series - Policy Brief Series: Righting the ADA Papers October 21, 2003 - No. 19, The Supreme Court's Kirkingburg Decision and the Impact of Federal Safety Regulations in ADA Cases (PDF); October 1, 2003 - No. 18, The Supreme Court's Refusal to Permit Punitive Damages in Private Lawsuits Under Section 202 of the ADA (PDF); etc.
• ADA Home Page at US Department of Justice - The Americans With Disabilities Act home page on the US Department of Justice website.
  
• ADA Enforcement - Through lawsuits and settlement agreements, the Department of Justice has achieved greater access for individuals with disabilities in hundreds of cases. Under general rules governing lawsuits brought by the Federal government, the Department of Justice may not sue a party unless negotiations to settle the dispute have failed.
• ADA Technical Assistance - The Department of Justice ADA Technical Assistance Program provides free information and technical assistance directly to businesses, non-profit service providers, state and local governments, people with disabilities, and the general public. Our technical assistance services provide the most up-to-date information about the ADA and how to comply with its requirements.
• ADA Business Connection - The Americans with Disabilities Act (ADA) is a Federal civil rights law that prohibits discrimination against people with disabilities in everyday activities, such as buying an item at the store, going to the movies, enjoying a meal at a local restaurant, exercising at the health club, or having the car serviced at a local garage.
• ADA Status Report - This Status Report covers the ADA activities of the Department of Justice during the second quarter (April-June) of 2005.
• ADA New or Proposed Regulations - ADA requirements may change as regulations are modified to improve access or to make it easier for entities to comply with the ADA. When new requirements are proposed, a formal procedure is used which calls for public comment and agency review before the requirement is finalized. Changes in existing requirements or new requirements are first issued as a proposed rule and published in the Federal Register.
• ADA Code Certification - The Department of Justice provides technical assistance to jurisdictions that are in the process of adopting or amending their accessibility requirements and would like our views regarding the extent to which the proposed requirements comply with or exceed ADA accessibility requirements.
• ADA Standards for Accessible Design - This document sets guidelines for accessibility to places of public accommodation and commercial facilities by individuals with disabilities. These guidelines are to be applied during the design, construction, and alteration of such buildings and facilities to the extent required by regulations issued by Federal agencies, including the Department of Justice, under the Americans with Disabilities Act of 1990.

Other Federal Agencies with ADA Responsibilities

• Employment (EEOC) - EEOC is responsible for enforcing Title I's prohibition against discrimination against people with disabilities in employment. The ADA has been described as the Emancipation Proclamation for the disability community.
• Public Transportation (DOT) - The Americans with Disabilities Act of 1990 prohibits discrimination and ensures equal opportunity for persons with disabilities.  The FTA Office of Civil Rights is responsible for civil rights compliance and monitoring to ensure non-discriminatory provision of transit services.
• Telephone Relay Service (FCC) - The Consumer & Governmental Affairs Bureau (CGB) of the FCC develops and implements the Commission’s consumer policies, including disability access.
  
• Proposed Design Guidelines (Access Board) - The Board is organizing an advisory committee to assist in the update of its Section 508 standards for electronic and information technology and its Section 255 guidelines for telecommunications products.
• Office for Civil Rights - The mission of the Office for Civil Rights is to ensure equal access to education and to promote educational excellence throughout the nation through vigorous enforcement of civil rights.
• Health and Human Services - The Department of Health and Human Services (HHS), through the Office for Civil Rights (OCR), promotes and ensures that people have equal access to and opportunity to participate in and receive services from all HHS programs without facing unlawful discrimination, and that the privacy of their health information is protected while ensuring access to care. Through prevention and elimination of unlawful discrimination and by protecting the privacy of individually identifiable health information, OCR helps HHS carry out its overall mission of improving the health and well-being of all people affected by its many programs.
• Department of Labor - The Civil Rights Center enforces various Federal statutes and regulations that (1) prohibit discrimination in DOL financially assisted and conducted programs and activities; (2) prohibit discrimination on the basis of disability by certain public entities and in DOL conducted activities; and, (3) prohibit discrimination within DOL itself.
• US Department of Housing and Urban Development - Title II prohibits discrimination based on disability in programs, services, and activities provided or made available by public entities. HUD enforces Title II when it relates to state and local public housing, housing assistance and housing referrals.
• Parks and Recreation - To support employees with disabilities by determining the appropriate assistive technology and ergonomic solutions tailored to the needs of each individual.
• Agriculture (USDA) - ASCR's mission is to facilitate the fair and equitable treatment of USDA customers and employees, while ensuring the delivery and enforcement of civil rights programs and activities. ASCR ensures compliance with applicable laws, regulations, and policies for USDA customers and employees regardless of race, color, national origin, gender, religion, age, disability, sexual orientation, marital or familial status, political beliefs, parental status, protected genetic information, or because all or part of an individual's income is derived from any public assistance program. (Not all bases apply to all programs.)

Technical Assistance and Manuals

• Accessible Stadiums - .txt file.  The Americans with Disabilities Act (ADA) requires new stadiums to be accessible to people with disabilities so they, their families, and friends can enjoy equal access to entertainment, recreation, and leisure.
  
• Title III Technical Assistance Manual & Yearly Supplements - This technical assistance manual addresses the requirements of title III of the Americans with Disabilities Act, which applies to public accommodations, commercial facilities, and private entities offering certain examinations and courses. It is one of a series of publications issued by Federal agencies under section 506 of the ADA to assist individuals and entities in understanding their rights and duties under the Act.
• Title III Highlights - I. Who is covered by title III of the ADA II. Overview of Requirements III. "Individuals with Disabilities" IV. Eligibility for Goods and Services...

ADA Guide for Businesses

• EEOC and Title I of the ADA: Overview and History - EEOC was given enforcement authority for Title I of the Act, the employment discrimination provisions. Congress provided that Title I would not take effect for two years in order to allow the Commission time to develop regulations and technical assistance, time to conduct comprehensive public education programs on the new disability law, and time for employers to adjust to the new requirements.
• ADA Guide for Small Businesses - This guide presents an informal overview of some basic ADA requirements for small businesses that provide goods or services to the public. It omits many of the "legal" terms that are found in the ADA and its regulations. But because it would be misleading to separate any explanation of ADA requirements from the law, references to key sections of the regulations or other information are included.
• How to File a Title III Complaint - Title III prohibits discrimination based on disability in public accommodations. Private entities covered by title III include places of lodging, establishments serving food and drink, places of exhibition or entertainment, places of public gathering, sales or rental establishments, service establishments, stations used for specified public transportation, places of public display or collection, places of recreation, places of education, social service center establishments, and places of exercise or recreation. Title III also covers commercial facilities (such as warehouses, factories, and office buildings), private transportation services, and licensing and testing practices.
• Child Care and the ADA-FAQ - Privately-run child care centers -- like other public accommodations such as private schools, recreation centers, restaurants, hotels, movie theaters, and banks -- must comply with title III of the ADA. Child care services provided by government agencies, such as Head Start, summer programs, and extended school day programs, must comply with title II of the ADA. Both titles apply to a child care center's interactions with the children, parents, guardians, and potential customers that it serves...
• Business Owners/Managers - As a business owner or operator, or someone thinking about opening a business, you may have wondered what you have to do to comply with the Americans with Disabilities Act (ADA). This course explains how the ADA applies to businesses in ten short lessons.

ADA in the Courtroom

• Frequently asked questions - PDF file.  To allow equitable participation, a court may have to build a ramp so a person in a wheelchair can enter the courthouse, provide a sound amplification headset to someone who has difficulty hearing, or take other action to ensure access. Courts must accommodate people in order to satisfy the requirements of the ADA.
  
• Communication Accessibility in the Courts - PDF file.  For more than 24 million Americans with communication disabilities, the courts have been inaccessible. These individuals been excluded from jury duty, denied due process, and deprived of employment opportunities due to discrimination and a lack of accommodation in the judicial system. The Americans with Disabilities Act (ADA) no longer permits this.
  
• Assisting the Blind and Visually Impaired - PDF file.  When considering the impact of the ADA, it is important to note that approximately 2 percent of our population is considered legally blind or visually impaired. Of this 2 percent, approximately 95 percent have residual vision. Beyond the traditional use of magnifiers and large-number telephones, there are many ways to assist blind and visually impaired individuals.
  
• Making Room for Mediation - PDF file.  The growing use of alternative dispute resolution (ADR) processes, particularly mediation, has led to a need for more space in courthouse facilities.[1] Meeting in hallways, various empty rooms, or other courthouse areas has not been a sufficient response to address the burgeoning needs of ADR programs. Needs of court-annexed ADR programs include space that allows for the necessary confidentiality, access, and comfort that such programs require.
  
• Trends 2000: Implementing the ADA in State Courts: - What Your Court Needs to Know - PDF file.  To respond to the numerous questions from courts on the subject, the Conference of Chief Justices Committee on Access to and Fairness in the Courts, via the National Center for State Courts, requested from the Department of Justice a brief presenting the underlying legal grounds for accommodation of spectators at court proceedings. The brief provides not only the legal basis for DOJ’s interpretation of the legislation but also specific suggestions for implementation. It is hoped that this information will assist courts when they receive requests of this nature.
  

Facility Access Documents

• ADA Accessibility Guidelines - This document contains scoping and technical requirements for accessibility to buildings and facilities by individuals with disabilities under the Americans with Disabilities Act (ADA) of 1990. These scoping and technical requirements are to be applied during the design, construction, and alteration of buildings and facilities covered by titles II and III of the ADA to the extent required by regulations issued by Federal agencies, including the Department of Justice and the Department of Transportation, under the ADA.
• ADA Checklist for Readily Achievable Barrier Removal - PDF file.  The removal of barriers can often be achieved by making simple changes to the physical environment. However, the regulations do not define exactly how much effort and expense are required for a facility to meet its obligation. This judgment must be made on a case-by-case basis, taking into consideration such factors as the size, type, and overall financial resources of the facility, and the nature and cost of the access improvements needed. These factors are described in more detail in the ADA regulations issued by the Department of Justice.
  
• Common ADA Errors and Omissions in New Construction and Alterations - This document lists a sampling of common accessibility errors or omissions that have been identified through the Department of Justice's ongoing enforcement efforts. The specific requirement of the Standards that has not been met follows each error/omission. All references to figures can be found in the Standards. The list of errors/omissions provides examples of common deficiencies. It is not intended to be comprehensive or exhaustive. Any failure to comply with the Standards violates the ADA.
• Uniform Federal Accessibility Standards - This document presents uniform standards for the design, construction and alteration of buildings so that physically handicapped persons will have ready access to and use of them in accordance with the Architectural Barriers Act, 42 U.S.C. 4151-4157. The document embodies an agreement to minimize the differences between the standards previously used by four agencies (the General Services Administration, the departments of Housing and Urban Development and Defense, and the United States Postal Service) that are authorized to issue standards under the Architectural Barriers Act, and between those standards and the access standards recommended for facilities that are not federally funded or constructed.
• State and Local Government Facility Elements - The Architectural and Transportation Barriers Compliance Board (Access Board) is issuing final guidelines to provide additional guidance to the Department of Justice and the Department of Transportation in establishing accessibility standards for new construction and alterations of State and local government facilities covered by title II of the Americans with Disabilities Act (ADA) of 1990. The guidelines will ensure that newly constructed and altered State and local government facilities are readily accessible to and usable by individuals with disabilities in terms of architecture, design, and communication. The standards established by the Department of Justice and the Department of Transportation must be consistent with the guidelines.
• Play Area Standards - The Architectural and Transportation Barriers Compliance Board (Access Board) is issuing final accessibility guidelines to serve as the basis for standards to be adopted by the Department of Justice for new construction and alterations of play areas covered by the Americans with Disabilities Act (ADA). The guidelines include scoping and technical provisions for ground level and elevated play components, accessible routes, ramps and transfer systems, ground surfaces, and soft contained play structures. The guidelines will ensure that newly constructed and altered play areas meet the requirements of the ADA and are readily accessible to and usable by individuals with disabilities. The Department of Justice must adopt the guidelines as standards for them to be enforceable under the ADA.
• Recreation Standards - The Architectural and Transportation Barriers Compliance Board (Access Board) is issuing final accessibility guidelines to serve as the basis for standards to be adopted by the Department of Justice for new construction and alterations of recreation facilities covered by the Americans with Disabilities Act (ADA). The guidelines include scoping and technical provisions for amusement rides, boating facilities, fishing piers and platforms, golf courses, miniature golf, sports facilities, and swimming pools and spas. The guidelines will ensure that newly constructed and altered recreation facilities meet the requirements of the ADA and are readily accessible to and usable by individuals with disabilities.
• Making Historic Properties Accessible - Historically, most buildings and landscapes were not designed to be readily accessible for people with disabilities. In recent years, however, emphasis has been placed on preserving historically significant properties, and on making these properties-and the activities within them-more accessible to people with disabilities. With the passage of the Americans with Disabilities Act in 1990, access to properties open to the public is now a civil right.
• Standards for Preservation - Although the work in the following sections is quite often an important aspect of preservation projects, it is usually not part of the overall process of preserving character-defining features (maintenance, repair, and limited replacement); rather, such work is assessed for its potential negative impact on the building's historic character. For this reason, particular care must be taken not to obscure, alter, or damage character-defining features in the process of preservation work.
• Building Hardware - Include the following guidelines in all scopes of work for design projects involving handicapped accessibility to elevator, fire alarm, or other hardware mounted in stone, unpainted wood, unpainted metal, or other ornamental wall finishes...

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