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- Index Number: 11113
-
- This is the second of two fact sheets on ADA that are being
- distributed by the Department of Justice (filename was adanew.ask).
-
- THE AMERICANS WITH DISABILITIES ACT
-
- The Americans with Disabilities Act (ADA) gives civil rights
- protections to individuals with disabilities that are like those
- provided to individuals on the basis of race, sex, national
- origin, and religion. It guarantees equal opportunity for
- individuals with disabilities in employment, public
- accommodations, transportation, State and local government
- services, and telecommunications.
-
- I. EMPLOYMENT
-
- Employers with 15 or more employees may not discriminate
- against qualified individuals with disabilities. For the
- first two years after July 26, 1992, the date when the
- employment provisions of the ADA go into effect, only
- employers with 25 or more employees are covered.
-
- Employers must reasonably accommodate the disabilities of
- qualified applicants or employees, unless an undue hardship
- would result.
-
- Employers may reject applicants or fire employees who pose a
- direct threat to the health or safety of other individuals in
- the workplace.
-
- Applicants and employees are not protected from personnel
- actions based on their current illegal use of drugs. Drug
- testing is not affected.
-
- Employers may not discriminate against a qualified applicant
- or employee because of the known disability of an individual
- with whom the applicant or employee is known to have a
- relationship or association.
-
- Religious organizations may give preference in employment to
- their own members and may require applicants and employees to
- conform to their religious tenets.
-
- Complaints may be filed with the Equal Employment Opportunity
- Commission. Available remedies include back pay and court
- orders to stop discrimination.
-
- II. PUBLIC ACCOMMODATIONS
-
- Public accommodations such as restaurants, hotels, theaters,
- doctors' offices, pharmacies, retail stores, museums,
- libraries, parks, private schools, and day care centers, may
- not discriminate on the basis of disability, effective
- January 26, 1992. Private clubs and religious organizations
- are exempt.
-
- Reasonable changes in policies, practices, and procedures
- must be made to avoid discrimination.
-
- Auxiliary aids and services must be provided to individuals
- with vision or hearing impairments or other individuals with
- disabilities so that they can have a equal opportunity to
- participate or benefit, unless an undue burden would result.
-
- Physical barriers in existing facilities must be removed if
- removal is readily achievable (i.e., easily accomplishable
- and able to be carried out without much difficulty or
- expense). If not, alternative methods of providing the
- services must be offered, if those methods are readily
- achievable.
-
-
-
- All new construction in public accommodations, as well as in
- "commercial facilities" such as office buildings, must be
- accessible. Elevators are generally not required in
- buildings under three stories or with fewer than 3,000 square
- feet per floor, unless the building is a shopping center,
- mall, or a professional office of a health care provider.
-
- Alterations must be accessible. When alterations to primary
- function areas are made, an accessible path of travel to the
- altered area (and the bathrooms, telephones, and drinking
- fountains serving that area) must be provided to the extent
- that the added accessibility costs are not disproportionate
- to the overall cost of the alterations. Elevators are
- required as described above.
-
- Entities such as hotels that also offer transportation
- generally must provide equivalent transportation service to
- individuals with disabilities. New fixed-route vehicles
- ordered on or after August 26, 1990, and capable of carrying
- more than 16 passengers, must be accessible.
-
- Public accommodations may not discriminate against an
- individual or entity because of the known disability of an
- individual with whom the individual or entity is known to
- have a relationship or association.
-
- Individuals may bring private lawsuits to obtain court orders
- to stop discrimination, but money damages cannot be awarded.
-
- Individuals can also file complaints with the Attorney
- General who may file lawsuits to stop discrimination and
- obtain money damages and penalties.
-
- III. TRANSPORTATION
-
- Public bus systems
-
- New buses ordered on or after August 26, 1990, must be
- accessible to individuals with disabilities.
-
- Transit authorities must provide comparable paratransit or
- other special transportation services to individuals with
- disabilities who cannot use fixed route bus services, unless
- an undue burden would result.
-
-
- New bus stations must be accessible. Alterations to existing
- stations must be accessible. When alterations to primary
- function areas are made, an accessible path of travel to the
- altered area (and the bathrooms, telephones, and drinking
- fountains serving that area) must be provided to the extent
- that the added accessibility costs are not disproportionate
- to the overall cost of the alterations.
-
- Individuals may file complaints with the Department of
- Transportation or bring private lawsuits.
-
- Public rail systems
-
- New rail vehicles ordered on or after August 26, 1990, must
- be accessible.
-
- Existing rail systems must have one accessible car per train
- by July 26, 1995.
-
- New rail stations must be accessible. As with new bus
- stations, alterations to existing rail stations must be made
- in an accessible manner.
-
-
- Existing "key stations" in rapid rail, commuter rail, and
- light rail systems must be made accessible by July 26, 1993,
- unless an extension of up to 20 years is granted (30 years,
- in some cases, for rapid and light rail).
-
- Existing intercity rail stations (Amtrak) must be made
- accessible by July 26, 2010.
-
- Individuals may file complaints with the Department of
- Transportation or bring private lawsuits.
-
- Privately operated bus and van companies
-
- New over-the-road buses ordered on or after July 26, 1996
- (July 26, 1997, for small companies), must be accessible.
- After completion of a study, the President may extend the
- deadline by one year, if appropriate.
-
- Other new vehicles, such as vans, must be accessible, unless
- the transportation company provides service to individuals
- with disabilities that is equivalent to that operated for the
- general public.
-
-
-
-
-
- Other private transportation operations, including station
- facilities, must meet the requirements of public
- accommodations.
-
- Individuals may file complaints with the Attorney General or
- bring private lawsuits under the public accommodations
- procedures.
-
- IV. State and local governments operations
-
- State or local governments may not discriminate against
- qualified individuals with disabilities. All government
- facilities, services, and communications must be accessible
- consistent with the requirements of section 504 of the
- Rehabilitation Act of 1973.
-
- Individuals may file complaints with Federal agencies to be
- designated by the Attorney General or bring private lawsuits.
-
-
-
-
-
-
- V. Telecommunications Relay Services
-
- Companies offering telephone service to the general public
- must offer telephone relay services to individuals who use
- telecommunications devices for the Deaf (TDD's) or similar
- devices.
-
- Individuals may file complaints with the Federal
- Communications Commission.
-
- This document is available in the following accessible
- formats:
-
- -- Braille
- -- Large Print
- -- Audiotape
- -- Electronic file on computer disk and
- electronic bulletin board
- (202) 514-6193
-
-
-
-
-
-
- For additional information contact:
-
- Coordination and Review Section
- Civil Rights Division
- U.S. Department of Justice
- P.O. Box 66118
- Washington, D.C. 20035-6118
-
- (202) 514-0301 (Voice)
- (202) 514-0381 (TDD)
- (202) 514-0383 (TDD)
-
- Receive the complete test of THE AMERICANS WITH DISABILITIES <ACT>, press ENTER.
-
-