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ADA - Americans with Disabilities fact sheet
• Up • OBERTI • Mills • Daniel R. • PARC Consent • Rowley • SACRAMENTO v. RACHEL H. • ADA - Americans with Disabilities fact sheet • ADA - Americans with Disabilities webite links • Inclusion BEC •


 

ADA - Americans with Disabilities Act

Fact Sheet

Accessibility Requirements
 
Effective Date
 
Regulations and Enforcement
 
Title I - Employment
Employers with 15 or more employees may not discriminate against qualified individuals with disabilities.

 

 

 

 

Employers must reasonably accommodate the disabilities of qualified applicants or employees, Including modifying work stations and equipment, unless undue hardship would result.

July 26, 1992 - for employers with 25 or more employees.

 

July 26, 1994 - for employers with 15 to 24 employees.
EEOC to issue regulations by July 26, 1991.

 


Individuals may file complaints with EEOC. Individuals may also file a private lawsuit after exhausting administrative remedies.

 

Remedies are the same as available under Title VII of the Civil Rights Act of 1964. Court may order employer to hire or promote qualified individuals, reasonably accommodate their disabilities, and pay back wages and attorney's fees.



Accessibility Requirements
 
Effective Date
 
Regulations and Enforcement
 
Title II - Public Services
State and local governments may not discriminate against qualified individuals with disabilities.

 

Newly constructed state and local government buildings, including transit facilities, must be accessible.

Alterations to existing state and local government buildings must be done in an accessible manner.

When alterations could affect accessibility to "primary function" areas of a transit facility, an accessible path of travel must be provided to the altered areas and the restrooms, drinking fountains, and telephones serving the altered areas must also be accessible, to the extent that the additional accessibility costs are not disproportionate to the overall alterations costs.
January 26, 1992 - unless otherwise noted below. Recipients of Federal financial assistance are presently required to comply with similar requirements under Section 504 of the Rehabilitation Act of 1973. DOJ to issue regulations except for public transportation by July 26, 1991. DOT to issue regulations for public transportation by July 26, 1991.

ATBCB to supplement MGRAD by April 26, 1991. DOJ and DOT regulations must be consistent with supplemental MGRAD and may incorporate the supplemental MGRAD.

 

UFAS to be used as Interim accessibility standard for transit facilities if final regulations have not been issued and if a building permit has been obtained prior to issuance of final regulations, work begins within one year of receipt of permit, and is completed under the terms of the permit. If final regulations have not been issued one year after MGRAD has been supplemented, MGRAD to be used as interim accessibility standard.
One car per train must be accessable By July 26, 1995
New vehicles for demand responsive systems must be accessible unless the system provides individuals with disabilities a level of service equivalent to that provided to the general public. Ordered after August 25, 1990.. (Most facilities constructed or altered with Federal funds are presently required to comply with UFAS under the Architectural Barriers Act of 1968. Facilities constructed or altered by recipients of Federal financial assistance are presently required to c omply with UFAS under Section 504 of the Rehabilitation Act of 1973.)
Existing "key stations" in rapid rail, commuter rail, and light rail systems must be accessible By July 26, 1993. Extensions may be granted up to July 26, 2010 (commuter rail) and July 26, 2020 (rapid and light rail) for stations needing extraordinarily expensive structural changes.) Amtrak and commuter rail passenger cars must comply with MGRAD provisions for rail cars to the extent that they are in effect at the time the design of the cars is substantially completed, if final regulations have not been issued.
Comparable paratransit must be provided to individuals who cannot use fixed route bus service to the extent that an undue financial burden is not imposed. By January 26, 1992. Individuals may file complaints with DOT concerning public transportation and with other designated Federal agencies concerning matters other than public transportation. Individuals may also file a private lawsuit.
All existing Amtrak stations must be accessible.

 

Amtrak trains must have same number of seating spaces for individuals who use wheelchairs as would available if every car in the train were accessible to such individuals.
By July 26, 2010.

 


By July 26, 2000. Half of these seats must be available by July 26, 1995.
Remedies are the same as available under Section 505 of the Rehabilitation Act of 1973. Court may order entity to make facilities accessible, provide auxiliary aids or services, modify policies, and pay attorneys' fees.


Accessibility Requirements
 
Effective Date
 
Regulations and Enforcement
 
Title III - Public Accommodations
Restaurants, hotels, theaters, shopping centers and malls, retail stores, museums, libraries, parks, private schools, day care centers and other similar places of public accommodation may not discriminate on the basis of disability.

Physical barriers in existing public accommodations must be removed if readily achievable (i.e., easily accomplishable and able to be carried out without much difficulty or expense). If not, alternative methods of providing services must be offered, if those methods are readily achievable.

 

January 26, 1992 - unless otherwise noted below.

 

DOJ to issue regulations except for privately operated transportation by July 6, 1991.

DOT to issue regulations for privately operated transportation by July 26, 1991

ATCBC to supplement MGRAD by April 21, 1991. DOJ and DOT regulations must be consistant with supllemental MGRAD and may incorporate the supplemental MGRAD.

New construction in public accommodations and commercial facilities (non-residential facilities affecting commerce) must be accessible. Facilities designed and constructed for first occupancy after January 26, 1993 UFAS to be used as Interim accessibility standard if final regulations have not been issued and if the building permit has been obtained prior to issuance of final regulations, work begins within one year of receipt of permit, and is completed under the terms of the permit. If final regulations have not been issued one year after MGRAD has been supplemented, MGRAD to be used as interim accessibility standard.
Alterations to existing public accommodations and commercial facilities must be done in an accessible manner. When alterations could affect accessibility to "primary function" areas of a facility, an accessible path of travel must be provided to the alte r ed areas and the rest rooms, telephones, and drinking fountains serving the altered areas must also be accessible, to the extent that the additional accessibility costs are not disproportionate to the overall alterations costs.

Elevators are not required in newly constructed or altered buildings under three stories or with less than 3,000 square feet per floor, unless the building is a shopping center, mall or health providers office. The Attorney General may determine that add i tional categories of such buildings require elevators.

 

  On application by State or local government, Attorney General, In consultaion with ATBCB, may certify that State or local building codes meet or exceed ADA accessibility requirements.

 

 

 

Individuals may file complaints with the Attorney General. Individuals may also file a private lawsuit.

Remedies are the same as available under Title II of the Civil Rights Act of 1964. Court may order an entity to make facilities accessible, provide auxilary aides or services, modify policies, and pay attorneys' fees.

New buses and other vehicles (except automobiles) operated by private entities must be accessible or system in which vehicles are used must provide individuals with disabilities a level of service equivalent to that provided to the general public dependi n g on whether entity is primarily engaged in business of transporting people; whether system is fixed route or demand responsive; and vehicle seating capacity.

 

Ordered after August 25, 1990 (February 25, 1992 for all passenger cars and vans with a capacity of less than 8 persons when operated by an entity primarily engaged in the business of transporting people). Court may award money damages and impose cilvil penalties lawsuit filed by Attorney General but not in private lawsuits by individuals.
New over-the-road buses (buses with elevated passenger deck located over a baggage compartment) must be accessible. Ordered after July 26, 1996 (July 26, 1997, for small companies). Date may be extended by one year after completion of a study. Small businesses with 25 or fewer employees and gross receipts of $1 million or less may not be sued for violations occuring before July 25, 1992; and small businesses with 10 or fewer employees and gross reciepts of $.5 million or less may not be sued for violations occuring before January 26, 1993. However such samll businesses may be sued for violation relating to new construction and alterations to facilities occuring after the effective dates.


Accessibility Requirements
 
Effective Date
 
Regulations and Enforcement
 
Title IV - Telecommunications
Telephone companies must provide telecommunications relay services for hearing-impaired and speech-impaired individuals 24 hours per day.

By July 26, 1993.
FCC to issue regulations by July 26, 1991.

 

Individuals may file complaints with the FCC.

Abbreviations used in this chart:

ADA Americans with Disabilities Act
ATBCB Architectural and Transportation Barriers Compliance Board
DOJ Department of Justice
DOT Department of Transportation
 
EEOC Equal Employment Opportunity Commission
FCC Federal Communications Commission
MGRAD Minimum Guidelines and Requirements for Accessible Design
UFAS Uniform Federal Accessibility Standards
 

U.S. Architectural and Transportation Barriers Compliance Board
Suite 501, 1111 18th Street, NW
Washington, DC 20036-3894
TELEPHONE: 1-800-USA-ABLE (voice or TDD)
The Access Board will provide an information package on the Americans with Disabilities Act.

 

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Last modified: 06/29/10

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