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AMERICANS WITH DISABILITIES ACT OF 1990
Following is the current
text of the Americans with Disabilities Act
of 1990 [“ADA”], as amended. It was
originally enacted in public law format and
later rearranged and published by subject
matter in the United States Code. The United
States Code is divided into “titles”
numbered 1 through 50. Titles I, II, III and
V of the ADA have been codified in Title 42
of the United States Code, beginning at
section 12101. Title IV of the original
public law format has been codified in Title
47 – Telegraphs, Telephones, and
Radiotelegraphs of the United States Code.
This codification has resulted in the
section numbers being changed. Therefore,
the section numbers of the ADA as originally
enacted appear in brackets after the
codified section number and heading in the
Table of Contents.
PLEASE NOTE:
The hyperlinks in the document below will
take you to the original text online at
www.ada.gov.
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 126 - EQUAL OPPORTUNITY FOR
INDIVIDUALS WITH DISABILITIES
Sec. 12101. Findings and purpose.
[Section 2]
(a) Findings.
(b) Purpose.
Sec. 12102. Definitions. [Section 3]
SUBCHAPTER I - EMPLOYMENT [Title I]
Sec. 12111. Definitions. [Section 101]
Sec. 12112. Discrimination. [Section
102]
(a) General rule.
(b)
Construction.
(c) Covered entities in foreign
countries.
(d) Medical examinations and
inquiries.
Sec. 12113. Defenses. [Section 103]
(a)
In general.
(b) Qualification standards.
(c) Religious entities.
(d) List of infectious and
communicable diseases.
Sec. 12114. Illegal use of drugs and
alcohol. [Section 104]
(a) Qualified individual with a
disability.
(b) Rules of construction.
(c) Authority of covered entity.
(d) Drug testing.
(e) Transportation employees.
Sec. 12115. Posting notices. [Section
105]
Sec. 12116. Regulations. [Section 106]
Sec. 12117. Enforcement. [Section 107]
(a) Powers, remedies, and procedures.
(b) Coordination.
SUBCHAPTER II - PUBLIC SERVICES [Title II]
PART A -
Prohibition Against Discrimination and
Other Generally Applicable Provisions
[Subtitle A]
Sec. 12131. Definitions. [Section 201]
Sec. 12132. Discrimination. [Section
202]
Sec. 12133. Enforcement. [Section 203]
Sec. 12134. Regulations. [Section 204]
(a) In general.
(b) Relationship to other
regulations.
(c) Standards.
PART B - Actions
Applicable to Public Transportation
Provided by Public Entities Considered
Discriminatory [Subtitle B]
SUBPART I - Public
Transportation Other Than by Aircraft or
Certain Rail Operations [Part I]
Sec. 12141. Definitions. [Section 221]
Sec. 12142. Public entities operating
fixed route systems. [Section 222]
(a) Purchase and lease of new
vehicles.
(b) Purchase and lease of used
vehicles.
(c) Remanufactured vehicles.
Sec. 12143. Paratransit as a complement
to fixed route service. [Section 223]
(a) General rule.
(b) Issuance of regulations.
(c) Required contents of regulations.
(d) Review of plan.
(e) "Discrimination" defined.
(f) Statutory construction.
Sec. 12144. Public entity operating a
demand responsive system. [Section 224]
Sec. 12145. Temporary relief where lifts
are unavailable. [Section 225]
(a) Granting.
(b) Duration and notice to Congress.
(c) Fraudulent application.
Sec. 12146. New facilities. [Section
226]
Sec. 12147. Alterations of existing
facilities. [Section 227]
(a) General rule.
(b) Special rule for stations.
Sec. 12148. Public transportation
programs and activities in existing
facilities and one car per train rule.
[Section 228]
(a) Public transportation programs
and activities in existing
facilities.
(b) One car per train rule.
Sec. 12149. Regulations. [Section 229]
(a) In general.
(b) Standards.
Sec. 12150. Interim accessibility
requirements. [Section 230]
SUBPART II -
Public Transportation by Intercity and
Commuter Rail [Part II]
Sec. 12161. Definitions. [Section 241]
Sec. 12162. Intercity and commuter rail
actions considered discriminatory.
[Section 242]
(a) Intercity rail transportation.
(b) Commuter rail transportation.
(c) Used rail cars.
(d) Remanufactured rail cars.
(e) Stations.
Sec. 12163. Conformance of accessibility
standards. [Section 243]
Sec. 12164. Regulations. [Section 244]
Sec. 12165. Interim accessibility
requirements. [Section 245]
(a) Stations.
(b) Rail passenger cars.
SUBCHAPTER III - PUBLIC ACCOMMODATIONS AND
SERVICES OPERATED BY PRIVATE ENTITIES [Title
III]
Sec. 12181. Definitions. [Section 301]
Sec. 12182. Prohibition of
discrimination by public accommodations.
[Section 302]
(a) General rule.
(b) Construction.
Sec. 12183. New construction and
alterations in public accommodations and
commercial facilities. [Section 302]
(a) Application of term.
(b) Elevator.
Sec. 12184. Prohibition of
discrimination in specified public
transportation services provided by
private entities. [Section 303]
(a) General rule.
(b) Construction.
(c) Historical or antiquated cars.
Sec. 12185. Study. [Section 304]
(a) Purposes.
(b) Contents.
(c) Advisory committee.
(d) Deadline.
(e) Review.
Sec. 12186. Regulations. [Section 305]
(a) Transportation provisions.
(b) Other provisions.
(c) Consistency with ATBCB
guidelines.
(d) Interim accessibility standards.
Sec. 12187. Exemptions for private clubs
and religious organizations. [Section
306]
Sec. 12188. Enforcement. [Section 307]
(a) In general.
(b) Enforcement by Attorney General.
Sec. 12189. Examinations and courses.
[Section 308]
SUBCHAPTER IV MISCELLANEOUS PROVISIONS
[Title V]
Sec. 12201. Construction. [Section 501]
(a) In general.
(b) Relationship to other laws.
(c) Insurance.
(d) Accommodations and services.
Sec. 12202. State immunity. [Section
502]
Sec. 12203. Prohibition against
retaliation and coercion. [Section 503]
(a) Retaliation.
(b) Interference, coercion, or
intimidation.
(c) Remedies and procedures.
Sec. 12204. Regulations by the
Architectural and Transportation
Barriers Compliance Board. [Section 504]
(a) Issuance of guidelines.
(b) Contents of guidelines.
(c) Qualified historic properties.
Sec. 12205. Attorney’s fees. [Section
505]
Sec. 12206. Technical assistance.
[Section 506]
(a) Plan for assistance.
(b) Agency and public assistance.
(c) Implementation.
(d) Grants and contracts.
(e) Failure to receive assistance.
Sec. 12207. Federal wilderness areas.
[Section 507]
(a) Study.
(b) Submission of report.
(c) Specific wilderness access.
Sec. 12208. Transvestites. [Section 508]
Sec. 12209. Instrumentalities of
Congress. [Section 509]
Sec. 12210. Illegal use of drugs.
[Section 510]
(a) In general.
(b) Rules of construction.
(c) Health and other services.
(d) "Illegal use of drugs" defined.
Sec. 12211. Definitions. [Section 511]
(a) Homosexuality and bisexuality.
(b) Certain conditions.
Sec. 12212. Alternative means of dispute
resolution. [Section 513]
Sec. 12213. Severability. [Section 514]
TITLE 47 - TELEGRAPHS, TELEPHONES, AND
RADIOTELEGRAPHS
CHAPTER 5 - WIRE OR RADIO COMMUNICATION
SUBCHAPTER II - COMMON
CARRIERS
Part I - Common
Carrier Regulation
Sec. 225. Telecommunications services
for hearing-impaired and speech-impaired
individuals [Section 401]
SUBCHAPTER VI -
MISCELLANEOUS PROVISIONS
Sec. 611. Closed-captioning of public
service announcements [Section 402]
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 126 - EQUAL OPPORTUNITY FOR
INDIVIDUALS WITH DISABILITIES
Sec. 12101.
Findings and purpose
(a) Findings
The Congress
finds that
(1) some
43,000,000 Americans have one or
more physical or mental
disabilities, and this number is
increasing as the population as
a whole is growing older;
(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;
(3)
discrimination against
individuals with disabilities
persists in such critical areas
as employment, housing, public
accommodations, education,
transportation, communication,
recreation,
institutionalization, health
services, voting, and access to
public services;
(4) unlike
individuals who have experienced
discrimination on the basis of
race, color, sex, national
origin, religion, or age,
individuals who have experienced
discrimination on the basis of
disability have often had no
legal recourse to redress such
discrimination;
(5)
individuals with disabilities
continually encounter various
forms of discrimination,
including outright intentional
exclusion, the discriminatory
effects of architectural,
transportation, and
communication barriers,
overprotective rules and
policies, failure to make
modifications to existing
facilities and practices,
exclusionary qualification
standards and criteria,
segregation, and relegation to
lesser services, programs,
activities, benefits, jobs, or
other opportunities;
(6) census
data, national polls, and other
studies have documented that
people with disabilities, as a
group, occupy an inferior status
in our society, and are severely
disadvantaged socially,
vocationally, economically, and
educationally;
(7)
individuals with disabilities
are a discrete and insular
minority who have been faced
with restrictions and
limitations, subjected to a
history of purposeful unequal
treatment, and relegated to a
position of political
powerlessness in our society,
based on characteristics that
are beyond the control of such
individuals and resulting from
stereotypic assumptions not
truly indicative of the
individual ability of such
individuals to participate in,
and contribute to, society;
(8) the
Nation's proper goals regarding
individuals with disabilities
are to assure equality of
opportunity, full participation,
independent living, and economic
self-sufficiency for such
individuals; and
(9) the
continuing existence of unfair
and unnecessary discrimination
and prejudice denies people with
disabilities the opportunity to
compete on an equal basis and to
pursue those opportunities for
which our free society is
justifiably famous, and costs
the United States billions of
dollars in unnecessary expenses
resulting from dependency and
nonproductivity.
(b) Purpose
It is the
purpose of this chapter
(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;
(3) to
ensure that the Federal
Government plays a central role
in enforcing the standards
established in this chapter on
behalf of individuals with
disabilities; and
(4) to
invoke the sweep of
congressional authority,
including the power to enforce
the fourteenth amendment and to
regulate commerce, in order to
address the major areas of
discrimination faced day-to-day
by people with disabilities.
Sec. 12102.
Definitions
As used in
this chapter:
(1)
Auxiliary aids and services
The term
"auxiliary aids and services"
includes
(A)
qualified interpreters or
other effective methods of
making aurally delivered
materials available to
individuals with hearing
impairments;
(B)
qualified readers, taped
texts, or other effective
methods of making visually
delivered materials
available to individuals
with visual impairments;
(C)
acquisition or modification
of equipment or devices; and
(D)
other similar services and
actions.
(2)
Disability
The term
"disability" means, with respect
to an individual
(A) a
physical or mental
impairment that
substantially limits one or
more of the major life
activities of such
individual;
(B) a
record of such an
impairment; or
(C)
being regarded as having
such impairment.
(3) State
The term
"State" means each of the
several States, the District of
Columbia, the Commonwealth of
Puerto Rico, Guam, American
Samoa, the Virgin Islands, the
Trust Territory of the Pacific
Islands, and the Commonwealth of
the Northern Mariana Islands.
SUBCHAPTER I - EMPLOYMENT
Sec. 12111.
Definitions
As used in
this subchapter:
(1)
Commission
The term
"Commission" means the Equal
Employment Opportunity
Commission established by
section 2000e-4 of this title.
(2)
Covered entity
The term
"covered entity" means an
employer, employment agency,
labor organization, or joint
labor-management committee.
(3) Direct
threat
The term
"direct threat" means a
significant risk to the health
or safety of others that cannot
be eliminated by reasonable
accommodation.
(4)
Employee
The term
"employee" means an individual
employed by an employer. With
respect to employment in a
foreign country, such term
includes an individual who is a
citizen of the United States.
(5)
Employer
(A) In
general
The
term "employer" means a
person engaged in an
industry affecting commerce
who has 15 or more employees
for each working day in each
of 20 or more calendar weeks
in the current or preceding
calendar year, and any agent
of such person, except that,
for two years following the
effective date of this
subchapter, an employer
means a person engaged in an
industry affecting commerce
who has 25 or more employees
for each working day in each
of 20 or more calendar weeks
in the current or preceding
year, and any agent of such
person.
(B)
Exceptions
The
term "employer" does not
include
(i) the United States, a
corporation wholly owned
by the government of the
United States, or an
Indian tribe; or
(ii) a bona fide private
membership club (other
than a labor
organization) that is
exempt from taxation
under section 501(c) of
title 26.
(6)
Illegal use of drugs
(A) In
general
The
term "illegal use of drugs"
means the use of drugs, the
possession or distribution
of which is unlawful under
the Controlled Substances
Act [21 U.S.C. 801 et seq.].
Such term does not include
the use of a drug taken
under supervision by a
licensed health care
professional, or other uses
authorized by the Controlled
Substances Act or other
provisions of Federal law.
(B)
Drugs
The
term "drug" means a
controlled substance, as
defined in schedules I
through V of section 202 of
the Controlled Substances
Act [21 U.S.C. 812].
(7)
Person, etc.
The terms
"person", "labor organization",
"employment agency", "commerce",
and "industry affecting
commerce", shall have the same
meaning given such terms in
section 2000e of this title.
(8)
Qualified individual with a
disability
The term
"qualified individual with a
disability" means an individual
with a disability who, with or
without reasonable
accommodation, can perform the
essential functions of the
employment position that such
individual holds or desires. For
the purposes of this subchapter,
consideration shall be given to
the employer's judgment as to
what functions of a job are
essential, and if an employer
has prepared a written
description before advertising
or interviewing applicants for
the job, this description shall
be considered evidence of the
essential functions of the job.
(9)
Reasonable accommodation
The term
"reasonable accommodation" may
include
(A)
making existing facilities
used by employees readily
accessible to and usable by
individuals with
disabilities; and
(B)
job restructuring, part-time
or modified work schedules,
reassignment to a vacant
position, acquisition or
modification of equipment or
devices, appropriate
adjustment or modifications
of examinations, training
materials or policies, the
provision of qualified
readers or interpreters, and
other similar accommodations
for individuals with
disabilities.
(10) Undue
hardship
(A) In
general
The
term "undue hardship" means
an action requiring
significant difficulty or
expense, when considered in
light of the factors set
forth in subparagraph (B).
(B)
Factors to be considered
In
determining whether an
accommodation would impose
an undue hardship on a
covered entity, factors to
be considered include
(i) the nature and cost
of the accommodation
needed under this
chapter;
(ii) the overall
financial resources of
the facility or
facilities involved in
the provision of the
reasonable
accommodation; the
number of persons
employed at such
facility; the effect on
expenses and resources,
or the impact otherwise
of such accommodation
upon the operation of
the facility;
(iii) the overall
financial resources of
the covered entity; the
overall size of the
business of a covered
entity with respect to
the number of its
employees; the number,
type, and location of
its facilities; and
(iv) the type of
operation or operations
of the covered entity,
including the
composition, structure,
and functions of the
workforce of such
entity; the geographic
separateness,
administrative, or
fiscal relationship of
the facility or
facilities in question
to the covered entity.
Sec. 12112.
Discrimination
(a) General
rule
No covered
entity shall discriminate against a
qualified individual with a
disability because of the disability
of such individual in regard to job
application procedures, the hiring,
advancement, or discharge of
employees, employee compensation,
job training, and other terms,
conditions, and privileges of
employment.
(b)
Construction
As used in
subsection (a) of this section, the
term "discriminate" includes
(1)
limiting, segregating, or
classifying a job applicant or
employee in a way that adversely
affects the opportunities or
status of such applicant or
employee because of the
disability of such applicant or
employee;
(2)
participating in a contractual
or other arrangement or
relationship that has the effect
of subjecting a covered entity's
qualified applicant or employee
with a disability to the
discrimination prohibited by
this subchapter (such
relationship includes a
relationship with an employment
or referral agency, labor union,
an organization providing fringe
benefits to an employee of the
covered entity, or an
organization providing training
and apprenticeship programs);
(3)
utilizing standards, criteria,
or methods of administration
(A)
that have the effect of
discrimination on the basis
of disability;
(B)
that perpetuates the
discrimination of others who
are subject to common
administrative control;
(4)
excluding or otherwise denying
equal jobs or benefits to a
qualified individual because of
the known disability of an
individual with whom the
qualified individual is known to
have a relationship or
association;
(5)
(A)
not making reasonable
accommodations to the known
physical or mental
limitations of an otherwise
qualified individual with a
disability who is an
applicant or employee,
unless such covered entity
can demonstrate that the
accommodation would impose
an undue hardship on the
operation of the business of
such covered entity; or
(B)
denying employment
opportunities to a job
applicant or employee who is
an otherwise qualified
individual with a
disability, if such denial
is based on the need of such
covered entity to make
reasonable accommodation to
the physical or mental
impairments of the employee
or applicant;
(6) using
qualification standards,
employment tests or other
selection criteria that screen
out or tend to screen out an
individual with a disability or
a class of individuals with
disabilities unless the
standard, test or other
selection criteria, as used by
the covered entity, is shown to
be job-related for the position
in question and is consistent
with business necessity; and
(7)
failing to select and administer
tests concerning employment in
the most effective manner to
ensure that, when such test is
administered to a job applicant
or employee who has a disability
that impairs sensory, manual, or
speaking skills, such test
results accurately reflect the
skills, aptitude, or whatever
other factor of such applicant
or employee that such test
purports to measure, rather than
reflecting the impaired sensory,
manual, or speaking skills of
such employee or applicant
(except where such skills are
the factors that the test
purports to measure).
(c) Covered
entities in foreign countries
(1) In
general
It shall
not be unlawful under this
section for a covered entity to
take any action that constitute
discrimination under this
section with respect to an
employee in a workplace in a
foreign country if compliance
with this section would cause
such covered entity to violate
the law of the foreign country
in which such workplace is
located.
(2)
Control of corporation
(A)
Presumption
If an
employer controls a
corporation whose place of
incorporation is a foreign
country, any practice that
constitutes discrimination
under this section and is
engaged in by such
corporation shall be
presumed to be engaged in by
such employer.
(B)
Exception
This section shall not
apply with respect to
the foreign operations
of an employer that is a
foreign person not
controlled by an
American employer.
(C)
Determination
For purposes of this
paragraph, the
determination of whether
an employer controls a
corporation shall be
based on
(i) the interrelation of
operations;
(ii) the common
management;
(iii) the centralized
control of labor
relations; and
(iv) the common
ownership or financial
control of the employer
and the corporation.
(d) Medical
examinations and inquiries
(1) In
general
The
prohibition against
discrimination as referred to in
subsection (a) of this section
shall include medical
examinations and inquiries.
(2)
Preemployment
(A)
Prohibited examination or
inquiry
Except as provided in
paragraph (3), a covered
entity shall not conduct
a medical examination or
make inquiries of a job
applicant as to whether
such applicant is an
individual with a
disability or as to the
nature or severity of
such disability.
(B)
Acceptable inquiry
A
covered entity may make
preemployment inquiries
into the ability of an
applicant to perform
job-related functions.
(3)
Employment entrance examination
A covered
entity may require a medical
examination after an offer of
employment has been made to a
job applicant and prior to the
commencement of the employment
duties of such applicant, and
may condition an offer of
employment on the results of
such examination, if
(A)
all entering employees are
subjected to such an
examination regardless of
disability;
(B)
information obtained
regarding the medical
condition or history of the
applicant is collected and
maintained on separate forms
and in separate medical
files and is treated as a
confidential medical record,
except that
(i) supervisors and
managers may be informed
regarding necessary
restrictions on the work
or duties of the
employee and necessary
accommodations;
(ii) first aid and
safety personnel may be
informed, when
appropriate, if the
disability might require
emergency treatment; and
(iii) government
officials investigating
compliance with this
chapter shall be
provided relevant
information on request;
and
(C)
the results of such
examination are used only in
accordance with this
subchapter.
(4)
Examination and inquiry
(A)
Prohibited examinations and
inquiries
A
covered entity shall not
require a medical
examination and shall not
make inquiries of an
employee as to whether such
employee is an individual
with a disability or as to
the nature or severity of
the disability, unless such
examination or inquiry is
shown to be job-related and
consistent with business
necessity.
(B)
Acceptable examinations and
inquiries
A
covered entity may conduct
voluntary medical
examinations, including
voluntary medical histories,
which are part of an
employee health program
available to employees at
that work site. A covered
entity may make inquiries
into the ability of an
employee to perform
job-related functions.
(C)
Requirement
Information obtained under
subparagraph (B) regarding
the medical condition or
history of any employee are
subject to the requirements
of subparagraphs (B) and (C)
of paragraph (3).
Sec. 12113.
Defenses
(a) In
general
It may be a
defense to a charge of
discrimination under this chapter
that an alleged application of
qualification standards, tests, or
selection criteria that screen out
or tend to screen out or otherwise
deny a job or benefit to an
individual with a disability has
been shown to be job- related and
consistent with business necessity,
and such performance cannot be
accomplished by reasonable
accommodation, as required under
this subchapter.
(b)
Qualification standards
The term
"qualification standards" may
include a requirement that an
individual shall not pose a direct
threat to the health or safety of
other individuals in the workplace.
(c) Religious
entities
(1) In
general
This
subchapter shall not prohibit a
religious corporation,
association, educational
institution, or society from
giving preference in employment
to individuals of a particular
religion to perform work
connected with the carrying on
by such corporation,
association, educational
institution, or society of its
activities.
(2)
Religious tenets requirement
Under this
subchapter, a religious
organization may require that
all applicants and employees
conform to the religious tenets
of such organization.
(d) List of
infectious and communicable diseases
(1) In
general
The
Secretary of Health and Human
Services, not later than 6
months after July 26, 1990,
shall
(A)
review all infectious and
communicable diseases which
may be transmitted through
handling the food supply;
(B)
publish a list of infectious
and communicable diseases
which are transmitted
through handling the food
supply;
(C)
publish the methods by which
such diseases are
transmitted; and
(D)
widely disseminate such
information regarding the
list of diseases and their
modes of transmissibility to
the general public.
Such
list shall be updated
annually.
(2)
Applications
In any
case in which an individual has
an infectious or communicable
disease that is transmitted to
others through the handling of
food, that is included on the
list developed by the Secretary
of Health and Human Services
under paragraph (1), and which
cannot be eliminated by
reasonable accommodation, a
covered entity may refuse to
assign or continue to assign
such individual to a job
involving food handling.
(3)
Construction
Nothing in
this chapter shall be construed
to preempt, modify, or amend any
State, county, or local law,
ordinance, or regulation
applicable to food handling
which is designed to protect the
public health from individuals
who pose a significant risk to
the health or safety of others,
which cannot be eliminated by
reasonable accommodation,
pursuant to the list of
infectious or communicable
diseases and the modes of
transmissibility published by
the Secretary of Health and
Human Services.
Sec. 12114.
Illegal use of drugs and alcohol
(a) Qualified
individual with a disability
For purposes
of this subchapter, the term
"qualified individual with a
disability" shall not include any
employee or applicant who is
currently engaging in the illegal
use of drugs, when the covered
entity acts on the basis of such
use.
(b) Rules of
construction
Nothing in
subsection (a) of this section shall
be construed to exclude as a
qualified individual with a
disability an individual who
(1) has
successfully completed a
supervised drug rehabilitation
program and is no longer
engaging in the illegal use of
drugs, or has otherwise been
rehabilitated successfully and
is no longer engaging in such
use;
(2) is
participating in a supervised
rehabilitation program and is no
longer engaging in such use; or
(3) is
erroneously regarded as engaging
in such use, but is not engaging
in such use;
except
that it shall not be a violation
of this chapter for a covered
entity to adopt or administer
reasonable policies or
procedures, including but not
limited to drug testing,
designed to ensure that an
individual described in
paragraph (1) or (2) is no
longer engaging in the illegal
use of drugs.
(c) Authority
of covered entity
A covered
entity
(1) may
prohibit the illegal use of
drugs and the use of alcohol at
the workplace by all employees;
(2) may
require that employees shall not
be under the influence of
alcohol or be engaging in the
illegal use of drugs at the
workplace;
(3) may
require that employees behave in
conformance with the
requirements established under
the Drug-Free Workplace Act of
1988 (41 U.S.C. 701 et seq.);
(4) may
hold an employee who engages in
the illegal use of drugs or who
is an alcoholic to the same
qualification standards for
employment or job performance
and behavior that such entity
holds other employees, even if
any unsatisfactory performance
or behavior is related to the
drug use or alcoholism of such
employee; and
(5) may,
with respect to Federal
regulations regarding alcohol
and the illegal use of drugs,
require that
(A)
employees comply with the
standards established in
such regulations of the
Department of Defense, if
the employees of the covered
entity are employed in an
industry subject to such
regulations, including
complying with regulations
(if any) that apply to
employment in sensitive
positions in such an
industry, in the case of
employees of the covered
entity who are employed in
such positions (as defined
in the regulations of the
Department of Defense);
(B)
employees comply with the
standards established in
such regulations of the
Nuclear Regulatory
Commission, if the employees
of the covered entity are
employed in an industry
subject to such regulations,
including complying with
regulations (if any) that
apply to employment in
sensitive positions in such
an industry, in the case of
employees of the covered
entity who are employed in
such positions (as defined
in the regulations of the
Nuclear Regulatory
Commission); and
(C)
employees comply with the
standards established in
such regulations of the
Department of
Transportation, if the
employees of the covered
entity are employed in a
transportation industry
subject to such regulations,
including complying with
such regulations (if any)
that apply to employment in
sensitive positions in such
an industry, in the case of
employees of the covered
entity who are employed in
such positions (as defined
in the regulations of the
Department of
Transportation).
(d) Drug
testing
(1) In
general
For
purposes of this subchapter, a
test to determine the illegal
use of drugs shall not be
considered a medical
examination.
(2)
Construction
Nothing in
this subchapter shall be
construed to encourage,
prohibit, or authorize the
conducting of drug testing for
the illegal use of drugs by job
applicants or employees or
making employment decisions
based on such test results.
(e)
Transportation employees
Nothing in
this subchapter shall be construed
to encourage, prohibit, restrict, or
authorize the otherwise lawful
exercise by entities subject to the
jurisdiction of the Department of
Transportation of authority to
(1) test
employees of such entities in,
and applicants for, positions
involving safety-sensitive
duties for the illegal use of
drugs and for on-duty impairment
by alcohol; and
(2) remove
such persons who test positive
for illegal use of drugs and
on-duty impairment by alcohol
pursuant to paragraph (1) from
safety-sensitive duties in
implementing subsection (c) of
this section.
Sec. 12115.
Posting notices
Every employer,
employment agency, labor organization,
or joint labor-management committee
covered under this subchapter shall post
notices in an accessible format to
applicants, employees, and members
describing the applicable provisions of
this chapter, in the manner prescribed
by section 2000e-10 of this title.
Sec. 12116.
Regulations
Not later than 1
year after July 26, 1990, the Commission
shall issue regulations in an accessible
format to carry out this subchapter in
accordance with subchapter II of chapter
5 of title 5.
Sec. 12117.
Enforcement
(a) Powers,
remedies, and procedures
The powers,
remedies, and procedures set forth
in sections 2000e-4, 2000e-5,
2000e-6, 2000e-8, and 2000e-9 of
this title shall be the powers,
remedies, and procedures this
subchapter provides to the
Commission, to the Attorney General,
or to any person alleging
discrimination on the basis of
disability in violation of any
provision of this chapter, or
regulations promulgated under
section 12116 of this title,
concerning employment.
(b)
Coordination
The agencies
with enforcement authority for
actions which allege employment
discrimination under this subchapter
and under the Rehabilitation Act of
1973 [29 U.S.C. 701 et seq.] shall
develop procedures to ensure that
administrative complaints filed
under this subchapter and under the
Rehabilitation Act of 1973 are dealt
with in a manner that avoids
duplication of effort and prevents
imposition of inconsistent or
conflicting standards for the same
requirements under this subchapter
and the Rehabilitation Act of 1973.
The Commission, the Attorney
General, and the Office of Federal
Contract Compliance Programs shall
establish such coordinating
mechanisms (similar to provisions
contained in the joint regulations
promulgated by the Commission and
the Attorney General at part 42 of
title 28 and part 1691 of title 29,
Code of Federal Regulations, and the
Memorandum of Understanding between
the Commission and the Office of
Federal Contract Compliance Programs
dated January 16, 1981 (46 Fed. Reg.
7435, January 23, 1981)) in
regulations implementing this
subchapter and Rehabilitation Act of
1973 not later than 18 months after
July 26, 1990.
SUBCHAPTER II - PUBLIC SERVICES
Part A -
Prohibition Against Discrimination and
Other Generally Applicable Provisions
Sec. 12131.
Definitions
As used in this
subchapter:
(1) Public
entity
The term
"public entity" means
(A) any
State or local government;
(B) any
department, agency, special
purpose district, or other
instrumentality of a State or
States or local government; and
(C) the
National Railroad Passenger
Corporation, and any commuter
authority (as defined in section
24102(4) of title 49).
(2) Qualified
individual with a disability
The term
"qualified individual with a
disability" means an individual with
a disability who, with or without
reasonable modifications to rules,
policies, or practices, the removal
of architectural, communication, or
transportation barriers, or the
provision of auxiliary aids and
services, meets the essential
eligibility requirements for the
receipt of services or the
participation in programs or
activities provided by a public
entity.
Sec. 12132.
Discrimination
Subject to the
provisions of this subchapter, no
qualified individual with a disability
shall, by reason of such disability, be
excluded from participation in or be
denied the benefits of services,
programs, or activities of a public
entity, or be subjected to
discrimination by any such entity.
Sec. 12133.
Enforcement
The remedies,
procedures, and rights set forth in
section 794a of title 29 shall be the
remedies, procedures, and rights this
subchapter provides to any person
alleging discrimination on the basis of
disability in violation of section 12132
of this title.
Sec. 12134.
Regulations
(a) In
general
Not later than
1 year after July 26, 1990, the
Attorney General shall promulgate
regulations in an accessible format
that implement this part. Such
regulations shall not include any
matter within the scope of the
authority of the Secretary of
Transportation under section 12143,
12149, or 12164 of this title.
(b)
Relationship to other regulations
Except for
"program accessibility, existing
facilities", and "communications",
regulations under subsection (a) of
this section shall be consistent
with this chapter and with the
coordination regulations under part
41 of title 28, Code of Federal
Regulations (as promulgated by the
Department of Health, Education, and
Welfare on January 13, 1978),
applicable to recipients of Federal
financial assistance under section
794 of title 29. With respect to
"program accessibility, existing
facilities", and "communications",
such regulations shall be consistent
with regulations and analysis as in
part 39 of title 28 of the Code of
Federal Regulations, applicable to
federally conducted activities under
section 794 of title 29.
(c) Standards
Regulations
under subsection (a) of this section
shall include standards applicable
to facilities and vehicles covered
by this part, other than facilities,
stations, rail passenger cars, and
vehicles covered by part B of this
subchapter. Such standards shall be
consistent with the minimum
guidelines and requirements issued
by the Architectural and
Transportation Barriers Compliance
Board in accordance with section
12204(a) of this title.
Part B - Actions Applicable to Public
Transportation Provided by Public
Entities Considered Discriminatory
Subpart I - Public
Transportation Other than by Aircraft or
Certain Rail Operations
Sec. 12141.
Definitions
As used in this
subpart:
(1) Demand
responsive system
The term
"demand responsive system" means
any system of providing
designated public transportation
which is not a fixed route
system.
(2)
Designated public transportation
The term
"designated public
transportation" means
transportation (other than
public school transportation) by
bus, rail, or any other
conveyance (other than
transportation by aircraft or
intercity or commuter rail
transportation (as defined in
section 12161 of this title))
that provides the general public
with general or special service
(including charter service) on a
regular and continuing basis.
(3) Fixed
route system
The term
"fixed route system" means a
system of providing designated
public transportation on which a
vehicle is operated along a
prescribed route according to a
fixed schedule.
(4)
Operates
The term
"operates", as used with respect
to a fixed route system or
demand responsive system,
includes operation of such
system by a person under a
contractual or other arrangement
or relationship with a public
entity.
(5) Public
school transportation
The term
"public school transportation"
means transportation by school
bus vehicles of schoolchildren,
personnel, and equipment to and
from a public elementary or
secondary school and
school-related activities.
(6)
Secretary
The term
"Secretary" means the Secretary
of Transportation.
Sec. 12142.
Public entities operating fixed route
systems
(a) Purchase
and lease of new vehicles
It shall be
considered discrimination for
purposes of section which operates a
fixed route system to purchase or
lease a new bus, a new rapid rail
vehicle, a new light rail vehicle,
or any other new vehicle to be used
on such system, if the solicitation
for such purchase or lease is made
after the 30th day following July
26, 1990, and if such bus, rail
vehicle, or other vehicle is not
readily accessible to and usable by
individuals with disabilities,
including individuals who use
wheelchairs.
(b) Purchase
and lease of used vehicles
Subject to
subsection (c) (1) of this section,
it shall be considered
discrimination for purposes of
section 12132 of this title and
section 794 of title 29 for a public
entity which operates a fixed route
system to purchase or lease, after
the 30th day following July 26,
1990, a used vehicle for use on such
system unless such entity makes
demonstrated good faith efforts to
purchase or lease a used vehicle for
use on such system that is readily
accessible to and usable by
individuals with disabilities,
including individuals who use
wheelchairs.
(c)
Remanufactured vehicles
(1)
General rule
Except as
provided in paragraph (2), it
shall be considered
discrimination for purposes of
section 12132 of this title and
section 794 of title 29 for a
public entity which operates a
fixed route system
(A) to
remanufacture a vehicle for
use on such system so as to
extend its usable life for 5
years or more, which
remanufacture begins (or for
which the solicitation is
made) after the 30th day
following July 26, 1990; or
(B) to
purchase or lease for use on
such system a remanufactured
vehicle which has been
remanufactured so as to
extend its usable life for 5
years or more, which
purchase or lease occurs
after such 30th day and
during the period in which
the usable life is extended;
unless, after remanufacture,
the vehicle is, to the
maximum extent feasible,
readily accessible to and
usable by individuals with
disabilities, including
individuals who use
wheelchairs.
(2)
Exception for historic vehicles
(A)
General rule
If a
public entity operates a
fixed route system any
segment of which is included
on the National Register of
Historic Places and if
making a vehicle of historic
character to be used solely
on such segment readily
accessible to and usable by
individuals with
disabilities would
significantly alter the
historic character of such
vehicle, the public entity
only has to make (or to
purchase or lease a
remanufactured vehicle with)
those modifications which
are necessary to meet the
requirements of paragraph
(1) and which do not
significantly alter the
historic character of such
vehicle.
(B)
Vehicles of historic
character defined by
regulations
For
purposes of this paragraph
and section 12148(a) of this
title, a vehicle of historic
character shall be defined
by the regulations issued by
the Secretary to carry out
this subsection.
Sec. 12143.
Paratransit as a complement to fixed
route service
(a) General
rule
It shall be
considered discrimination for
purposes of section 12132 of this
title and section 794 of title 29
for a public entity which operates a
fixed route system (other than a
system which provides solely
commuter bus service) to fail to
provide with respect to the
operations of its fixed route
system, in accordance with this
section, paratransit and other
special transportation services to
individuals with disabilities,
including individuals who use
wheelchairs that are sufficient to
provide to such individuals a level
of service
(1) which
is comparable to the level of
designated public transportation
services provided to individuals
without disabilities using such
system; or
(2) in the
case of response time, which is
comparable, to the extent
practicable, to the level of
designated public transportation
services provided to individuals
without disabilities using such
system.
(b) Issuance
of regulations
Not later than
1 year after July 26, 1990, the
Secretary shall issue final
regulations to carry out this
section.
(c) Required
contents of regulations
(1)
Eligible recipients of service
The
regulations issued under this
section shall require each
public entity which operates a
fixed route system to provide
the paratransit and other
special transportation services
required under this section
(A)
(i) to any individual
with a disability who is
unable, as a result of a
physical or mental
impairment (including a
vision impairment) and
without the assistance
of another individual
(except an operator of a
wheelchair lift or other
boarding assistance
device), to board, ride,
or disembark from any
vehicle on the system
which is readily
accessible to and usable
by individuals with
disabilities;
(ii) to any individual
with a disability who
needs the assistance of
a wheelchair lift or
other boarding
assistance device (and
is able with such
assistance) to board,
ride, and disembark from
any vehicle which is
readily accessible to
and usable by
individuals with
disabilities if the
individual wants to
travel on a route on the
system during the hours
of operation of the
system at a time (or
within a reasonable
period of such time)
when such a vehicle is
not being used to
provide designated
public transportation on
the route; and
(iii) to any individual
with a disability who
has a specific
impairment-related
condition which prevents
such individual from
traveling to a boarding
location or from a
disembarking location on
such system;
(B) to
one other individual
accompanying the individual
with the disability; and
(C) to
other individuals, in
addition to the one
individual described in
subparagraph (a),
accompanying the individual
with a disability provided
that space for these
additional individuals are
available on the paratransit
vehicle carrying the
individual with a disability
and that the transportation
of such additional
individuals will not result
in a denial of service to
individuals with
disabilities.
For
purposes of clauses (i) and
(ii) of subparagraph (A),
boarding or disembarking
from a vehicle does not
include travel to the
boarding location or from
the disembarking location.
(2)
Service area
The
regulations issued under this
section shall require the
provision of paratransit and
special transportation services
required under this section in
the service area of each public
entity which operates a fixed
route system, other than any
portion of the service area in
which the public entity solely
provides commuter bus service.
(3)
Service criteria
Subject to
paragraphs (1) and (2), the
regulations issued under this
section shall establish minimum
service criteria for determining
the level of services to be
required under this section.
(4) Undue
financial burden limitation
The
regulations issued under this
section shall provide that, if
the public entity is able to
demonstrate to the satisfaction
of the Secretary that the
provision of paratransit and
other special transportation
services otherwise required
under this section would impose
an undue financial burden on the
public entity, the public
entity, notwithstanding any
other provision of this section
(other than paragraph (5)),
shall only be required to
provide such services to the
extent that providing such
services would not impose such a
burden.
(5)
Additional services
The
regulations issued under this
section shall establish
circumstances under which the
Secretary may require a public
entity to provide,
notwithstanding paragraph (4),
paratransit and other special
transportation services under
this section beyond the level of
paratransit and other special
transportation services which
would otherwise be required
under paragraph (4).
(6) Public
participation
The
regulations issued under this
section shall require that each
public entity which operates a
fixed route system hold a public
hearing, provide an opportunity
for public comment, and consult
with individuals with
disabilities in preparing its
plan under paragraph (7).
(7) Plans
The
regulations issued under this
section shall require that each
public entity which operates a
fixed route system
(A)
within 18 months after July
26, 1990, submit to the
Secretary, and commence
implementation of, a plan
for providing paratransit
and other special
transportation services
which meets the requirements
of this section; and
(B) on
an annual basis thereafter,
submit to the Secretary, and
commence implementation of,
a plan for providing such
services.
(8)
Provision of services by others
The
regulations issued under this
section shall
(A)
require that a public entity
submitting a plan to the
Secretary under this section
identify in the plan any
person or other public
entity which is providing a
paratransit or other special
transportation service for
individuals with
disabilities in the service
area to which the plan
applies; and
(B)
provide that the public
entity submitting the plan
does not have to provide
under the plan such service
for individuals with
disabilities.
(9) Other
provisions
The
regulations issued under this
section shall include such other
provisions and requirements as
the Secretary determines are
necessary to carry out the
objectives of this section.
(d) Review of
plan
(1)
General rule
The
Secretary shall review a plan
submitted under this section for
the purpose of determining
whether or not such plan meets
the requirements of this
section, including the
regulations issued under this
section.
(2)
Disapproval
If the
Secretary determines that a plan
reviewed under this subsection
fails to meet the requirements
of this section, the Secretary
shall disapprove the plan and
notify the public entity which
submitted the plan of such
disapproval and the reasons
therefor.
(3)
Modification of disapproved plan
Not later
than 90 days after the date of
disapproval of a plan under this
subsection, the public entity
which submitted the plan shall
modify the plan to meet the
requirements of this section and
shall submit to the Secretary,
and commence implementation of,
such modified plan.
(e)
"Discrimination" defined
As used in
subsection (a) of this section, the
term "discrimination" includes
(1) a
failure of a public entity to
which the regulations issued
under this section apply to
submit, or commence
implementation of, a plan in
accordance with subsections
(c)(6) and (c)(7) of this
section;
(2) a
failure of such entity to
submit, or commence
implementation of, a modified
plan in accordance with
subsection (d) (3) of this
section;
(3)
submission to the Secretary of a
modified plan under subsection
(d)(3) of this section which
does not meet the requirements
of this section; or
(4) a
failure of such entity to
provide paratransit or other
special transportation services
in accordance with the plan or
modified plan the public entity
submitted to the Secretary under
this section.
(f) Statutory
construction
Nothing in
this section shall be construed as
preventing a public entity
(1) from
providing paratransit or other
special transportation services
at a level which is greater than
the level of such services which
are required by this section,
(2) from
providing paratransit or other
special transportation services
in addition to those paratransit
and special transportation
services required by this
section, or
(3) from
providing such services to
individuals in addition to those
individuals to whom such
services are required to be
provided by this section.
Sec. 12144.
Public entity operating a demand
responsive system
If a public entity
operates a demand responsive system, it
shall be considered discrimination, for
purposes of section 12132 of this title
and section 794 of title 29, for such
entity to purchase or lease a new
vehicle for use on such system, for
which a solicitation is made after the
30th day following July 26, 1990, that
is not readily accessible to and usable
by individuals with disabilities,
including individuals who use
wheelchairs, unless such system, when
viewed in its entirety, provides a level
of service to such individuals
equivalent to the level of service such
system provides to individuals without
disabilities.
Sec. 12145.
Temporary relief where lifts are
unavailable
(a) Granting
With respect
to the purchase of new buses, a
public entity may apply for, and the
Secretary may temporarily relieve
such public entity from the
obligation under section 12142(a) or
12144 of this title to purchase new
buses that are readily accessible to
and usable by individuals with
disabilities if such public entity
demonstrates to the satisfaction of
the Secretary
(1) that
the initial solicitation for new
buses made by the public entity
specified that all new buses
were to be lift-equipped and
were to be otherwise accessible
to and usable by individuals
with disabilities;
(2) the
unavailability from any
qualified manufacturer of
hydraulic, electromechanical, or
other lifts for such new buses;
(3) that
the public entity seeking
temporary relief has made good
faith efforts to locate a
qualified manufacturer to supply
the lifts to the manufacturer of
such buses in sufficient time to
comply with such solicitation;
and
(4) that
any further delay in purchasing
new buses necessary to obtain
such lifts would significantly
impair transportation services
in the community served by the
public entity.
(b) Duration
and notice to Congress
Any relief
granted under subsection (a) of this
section shall be limited in duration
by a specified date, and the
appropriate committees of Congress
shall be notified of any such relief
granted.
(c)
Fraudulent application
If, at any
time, the Secretary has reasonable
cause to believe that any relief
granted under subsection (a) of this
section was fraudulently applied
for, the Secretary shall
(1) cancel
such relief if such relief is
still in effect; and
(2) take
such other action as the
Secretary considers appropriate.
Sec. 12146. New
facilities
For purposes of
section 12132 of this title and section
794 of title 29, it shall be considered
discrimination for a public entity to
construct a new facility to be used in
the provision of designated public
transportation services unless such
facility is readily accessible to and
usable by individuals with disabilities,
including individuals who use
wheelchairs.
Sec. 12147.
Alterations of existing facilities
(a) General
rule
With respect
to alterations of an existing
facility or part thereof used in the
provision of designated public
transportation services that affect
or could affect the usability of the
facility or part thereof, it shall
be considered discrimination, for
purposes of section 12132 of this
title and section 794 of title 29,
for a public entity to fail to make
such alterations (or to ensure that
the alterations are made) in such a
manner that, to the maximum extent
feasible, the altered portions of
the facility are readily accessible
to and usable by individuals with
disabilities, including individuals
who use wheelchairs, upon the
completion of such alterations.
Where the public entity is
undertaking an alteration that
affects or could affect usability of
or access to an area of the facility
containing a primary function, the
entity shall also make the
alterations in such a manner that,
to the maximum extent feasible, the
path of travel to the altered area
and the bathrooms, telephones, and
drinking fountains serving the
altered area, are readily accessible
to and usable by individuals with
disabilities, including individuals
who use wheelchairs, upon completion
of such alterations, where such
alterations to the path of travel or
the bathrooms, telephones, and
drinking fountains serving the
altered area are not
disproportionate to the overall
alterations in terms of cost and
scope (as determined under criteria
established by the Attorney
General).
(b) Special
rule for stations
(1)
General rule
For
purposes of section 12132 of
this title and section 794 of
title 29, it shall be considered
discrimination for a public
entity that provides designated
public transportation to fail,
in accordance with the
provisions of this subsection,
to make key stations (as
determined under criteria
established by the Secretary by
regulation) in rapid rail and
light rail systems readily
accessible to and usable by
individuals with disabilities,
including individuals who use
wheelchairs.
(2) Rapid
rail and light rail key stations
(A)
Accessibility
Except
as otherwise provided in
this paragraph, all key
stations (as determined
under criteria established
by the Secretary by
regulation] in rapid rail
and light rail systems shall
be made readily accessible
to and usable by individuals
with disabilities, including
individuals who use
wheelchairs, as soon as
practicable but in no event
later than the last day of
the 3-year period beginning
on July 26, 1990.
(B)
Extension for
extraordinarily expensive
structural changes
The
Secretary may extend the
3-year period under
subparagraph (A) up to a
30-year period for key
stations in a rapid rail or
light rail system which
stations need
extraordinarily expensive
structural changes to, or
replacement of, existing
facilities; except that by
the last day of the 20th
year following July 26,
1990, at least 2/3 of such
key stations must be readily
accessible to and usable by
individuals with
disabilities.
(3) Plans
and milestones
The
Secretary shall require the
appropriate public entity to
develop and submit to the
Secretary a plan for compliance
with this subsection
(a)
that reflects consultation
with individuals with
disabilities affected by
such plan and the results of
a public hearing and public
comments on such plan, and
(b)
that establishes milestones
for achievement of the
requirements of this
subsection.
Sec. 12148.
Public transportation programs and
activities in existing facilities and
one car per train rule
(a) Public
transportation programs and
activities in existing facilities
(1) In
general
With
respect to existing facilities
used in the provision of
designated public transportation
services, it shall be considered
discrimination, for purposes of
section 12132 of this title and
section 794 of title 29, for a
public entity to fail to operate
a designated public
transportation program or
activity conducted in such
facilities so that, when viewed
in the entirety, the program or
activity is readily accessible
to and usable by individuals
with disabilities.
(2)
Exception
Paragraph
(1) shall not require a public
entity to make structural
changes to existing facilities
in order to make such facilities
accessible to individuals who
use wheelchairs, unless and to
the extent required by section
12147(a) of this title (relating
to alterations) or section
12147(a) of this title (relating
to key stations).
(3)
Utilization
Paragraph
(1) shall not require a public
entity to which paragraph (2)
applies, to provide to
individuals who use wheelchairs
services made available to the
general public at such
facilities when such individuals
could not utilize or benefit
from such services provided at
such facilities.
(b) One car
per train rule
(1)
General rule
Subject to
paragraph (2), with respect to 2
or more vehicles operated as a
train by a light or rapid rail
system, for purposes of section
12132 of this title and section
794 of title 29, it shall be
considered discrimination for a
public entity to fail to have at
least 1 vehicle per train that
is accessible to individuals
with disabilities, including
individuals who use wheelchairs,
as soon as practicable but in no
event later than the last day of
the 5-year period beginning on
the effective date of this
section.
(2)
Historic trains
In order
to comply with paragraph (1)
with respect to the
remanufacture of a vehicle of
historic character which is to
be used on a segment of a light
or rapid rail system which is
included on the National
Register of Historic Places, if
making such vehicle readily
accessible to and usable by
individuals with disabilities
would significantly alter the
historic character of such
vehicle, the public entity which
operates such system only has to
make (or to purchase or lease a
remanufactured vehicle with)
those modifications which are
necessary to meet the
requirements of section
12142(c)(1) of this title and
which do not significantly alter
the historic character of such
vehicle.
Sec. 12149.
Regulations
(a) In
general
Not later than
1 year after July 26, 1990, the
Secretary of Transportation shall
issue regulations, in an accessible
format, necessary for carrying out
this subpart (other than section
12143 of this title).
(b) Standards
The
regulations issued under this
section and section 12143 of this
title shall include standards
applicable to facilities and
vehicles covered by this part. The
standards shall be consistent with
the minimum guidelines and
requirements issued by the
Architectural and Transportation
Barriers Compliance Board in
accordance with section 12204 of
this title.
Sec. 12150.
Interim accessibility requirements
If final
regulations have not been issued
pursuant to section 12149 of this title,
for new construction or alterations for
which a valid and appropriate State or
local building permit is obtained prior
to the issuance of final regulations
under such section, and for which the
construction or alteration authorized by
such permit begins within one year of
the receipt of such permit and is
completed under the terms of such
permit, compliance with the Uniform
Federal Accessibility Standards in
effect at the time the building permit
is issued shall suffice to satisfy the
requirement that facilities be readily
accessible to and usable by persons with
disabilities as required under sections
12146 and 12147 of this title, except
that, if such final regulations have not
been issued one year after the
Architectural and Transportation
Barriers Compliance Board has issued the
supplemental minimum guidelines required
under section 12204(a) of this title,
compliance with such supplemental
minimum guidelines shall be necessary to
satisfy the requirement that facilities
be readily accessible to and usable by
persons with disabilities prior to
issuance of the final regulations.
Subpart II -
Public Transportation by Intercity and
Commuter Rail
Sec. 12161.
Definitions
As used in this
subpart:
(1) Commuter
authority
The term
"commuter authority" has the meaning
given such term in section 24102(4)
of title 49.
(2) Commuter rail
transportation
The term
"commuter rail transportation" has
the meaning given the term "commuter
rail passenger transportation" in
section 24102(5) of title 49.
(3) Intercity
rail transportation
The term
"intercity rail transportation"
means transportation provided by the
National Railroad Passenger
Corporation.
(4) Rail
passenger car
The term "rail
passenger car" means, with respect
to intercity rail transportation,
single-level and bi-level coach
cars, single-level and bi-level
dining cars, single- level and
bi-level sleeping cars, single-level
and bi-level lounge cars, and food
service cars.
(5)
Responsible person
The term
"responsible person" means
(A) in the
case of a station more than 50
percent of which is owned by a
public entity, such public
entity;
(B) in the
case of a station more than 50
percent of which is owned by a
private party, the persons
providing intercity or commuter
rail transportation to such
station, as allocated on an
equitable basis by regulation by
the Secretary of Transportation;
and
(C) in a
case where no party owns more
than 50 percent of a station,
the persons providing intercity
or commuter rail transportation
to such station and the owners
of the station, other than
private party owners, as
allocated on an equitable basis
by regulation by the Secretary
of Transportation.
(6) Station
The term
"station" means the portion of a
property located appurtenant to a
right-of-way on which intercity or
commuter rail transportation is
operated, where such portion is used
by the general public and is related
to the provision of such
transportation, including passenger
platforms, designated waiting areas,
ticketing areas, restrooms, and,
where a public entity providing rail
transportation owns the property,
concession areas, to the extent that
such public entity exercises control
over the selection, design,
construction, or alteration of the
property, but such term does not
include flag stops.
Sec. 12162.
Intercity and commuter rail actions
considered discriminatory
(a) Intercity
rail transportation
(1) One
car per train rule
It shall
be considered discrimination for
purposes of section 12132 of
this title and section 794 of
title 29 for a person who
provides intercity rail
transportation to fail to have
at least one passenger car per
train that is readily accessible
to and usable by individuals
with disabilities, including
individuals who use wheelchairs,
in accordance with regulations
issued under section 12164 of
this title, as soon as
practicable, but in no event
later than 5 years after July
26, 1990.
(2) New
intercity cars
(A)
General rule
Except
as otherwise provided in
this subsection with respect
to individuals who use
wheelchairs, it shall be
considered discrimination
for purposes of section
12132 of this title and
section 794 of title 29 for
a person to purchase or
lease any new rail passenger
cars for use in intercity
rail transportation, and for
which a solicitation is made
later than 30 days after
July 26, 1990, unless all
such rail cars are readily
accessible to and usable by
individuals with
disabilities, including
individuals who use
wheelchairs, as prescribed
by the Secretary of
Transportation in
regulations issued under
section 12164 of this title.
(B)
Special rule for
single-level passenger
coaches for individuals who
use wheelchairs
Single-level passenger
coaches shall be required to
(i) be able to be
entered by an individual
who uses a wheelchair;
(ii) have space to park
and secure a wheelchair;
(iii) have a seat to
which a passenger in a
wheelchair can transfer,
and a space to fold and
store such passenger's
wheelchair; and
(iv) have a restroom
usable by an individual
who uses a wheelchair,
only to the extent
provided in paragraph
(3).
(C)
Special rule for
single-level dining cars for
individuals who use
wheelchairs
Single-level dining cars
shall not be required to
(i) be able to be
entered from the station
platform by an
individual who uses a
wheelchair; or
(ii) have a restroom
usable by an individual
who uses a wheelchair if
no restroom is provided
in such car for any
passenger.
(D)
Special rule for bi-level
dining cars for individuals
who use wheelchairs
Bi-level dining cars shall
not be required to
(i) be able to be
entered by an individual
who uses a wheelchair;
(ii) have space to park
and secure a wheelchair;
(iii) have a seat to
which a passenger in a
wheelchair can transfer,
or a space to fold and
store such passenger's
wheelchair; or
(iv) have a restroom
usable by an individual
who uses a wheelchair.
(3)
Accessibility of single-level
coaches
(A)
General rule
It
shall be considered
discrimination for purposes
of section 12132 of this
title and section 794 of
title 29 for a person who
provides intercity rail
transportation to fail to
have on each train which
includes one or more
single-level rail passenger
coaches
(i) a number of spaces
(I) to park and
secure wheelchairs
(to accommodate
individuals who wish
to remain in their
wheelchairs) equal
to not less than
one-half of the
number of
single-level rail
passenger coaches in
such train; and
(II) to fold and
store wheelchairs
(to accommodate
individuals who wish
to transfer to coach
seats) equal to not
less than one-half
of the number of
single-level rail
passenger coaches in
such train, as soon
as practicable, but
in no event later
than 5 years after
July 26, 1990; and
(ii) a number of spaces
(I) to park and
secure wheelchairs
(to accommodate
individuals who wish
to remain in their
wheelchairs) equal
to not less than the
total number of
single-level rail
passenger coaches in
such train; and
(II) to fold and
store wheelchairs
(to accommodate
individuals who wish
to transfer to coach
seats) equal to not
less than the total
number of
single-level rail
passenger coaches in
such train, as soon
as practicable, but
in no event later
than 10 years after
July 26, 1990.
(B)
Location
Spaces
required by subparagraph (A)
shall be located in
single-level rail passenger
coaches or food service
cars.
(C)
Limitation
Of the
number of spaces required on
a train by subparagraph (A),
not more than two spaces to
park and secure wheelchairs
nor more than two spaces to
fold and store wheelchairs
shall be located in any one
coach or food service car.
(D)
Other accessibility features
Single-level rail passenger
coaches and food service
cars on which the spaces
required by subparagraph (a)
are located shall have a
restroom usable by an
individual who uses a
wheelchair and shall be able
to be entered from the
station platform by an
individual who uses a
wheelchair.
(4) Food
service
(A)
Single-level dining cars
On any
train in which a
single-level dining car is
used to provide food service
(i) if such single-level
dining car was purchased
after July 26, 1990,
table service in such
car shall be provided to
a passenger who uses a
wheelchair if
(I) the car adjacent
to the end of the
dining car through
which a wheelchair
may enter is itself
accessible to a
wheelchair;
(II) such passenger
can exit to the
platform from the
car such passenger
occupies, move down
the platform, and
enter the adjacent
accessible car
described in
subclause (I)
without the
necessity of the
train being moved
within the station;
and
(III) space to park
and secure a
wheelchair is
available in the
dining car at the
time such passenger
wishes to eat (if
such passenger
wishes to remain in
a wheelchair), or
space to store and
fold a wheelchair is
available in the
dining car at the
time such passenger
wishes to eat (if
such passenger
wishes to transfer
to a dining car
seat); and
(ii) appropriate
auxiliary aids and
services, including a
hard surface on which to
eat, shall be provided
to ensure that other
equivalent food service
is available to
individuals with
disabilities, including
individuals who use
wheelchairs, and to
passengers traveling
with such individuals.
Unless not practicable,
a person providing
intercity rail
transportation shall
place an accessible car
adjacent to the end of a
dining car described in
clause (i) through which
an individual who uses a
wheelchair may enter.
(B)
Bi-level dining cars
On any
train in which a bi-level
dining car is used to
provide food service
(i) if such train
includes a bi-level
lounge car purchased
after July 26, 1990,
table service in such
lounge car shall be
provided to individuals
who use wheelchairs and
to other passengers; and
(ii) appropriate
auxiliary aids and
services, including a
hard surface on which to
eat, shall be provided
to ensure that other
equivalent food service
is available to
individuals with
disabilities, including
individuals who use
wheelchairs, and to
passengers traveling
with such individuals.
(b) Commuter
rail transportation
(1) One
car per train rule
It shall
be considered discrimination for
purposes of section 12132 of
this title and section 794 of
title 29 for a person who
provides commuter rail
transportation to fail to have
at least one passenger car per
train that is readily accessible
to and usable by individuals
with disabilities, including
individuals who use wheelchairs,
in accordance with regulations
issued under section 12164 of
this title, as soon as
practicable, but in no event
later than 5 years after July
26, 1990.
(2) New
commuter rail cars
(A)
General rule
It
shall be considered
discrimination for purposes
of section 12132 of this
title and section 794 of
title 29 for a person to
purchase or lease any new
rail passenger cars for use
in commuter rail
transportation, and for
which a solicitation is made
later than 30 days after
July 26, 1990, unless all
such rail cars are readily
accessible to and usable by
individuals with
disabilities, including
individuals who use
wheelchairs, as prescribed
by the Secretary of
Transportation in
regulations issued under
section 12164 of this title.
(B)
Accessibility
For
purposes of section 12132 of
this title and section 794
of title 29, a requirement
that a rail passenger car
used in commuter rail
transportation be accessible
to or readily accessible to
and usable by individuals
with disabilities, including
individuals who use
wheelchairs, shall not be
construed to require
(i) a restroom usable by
an individual who uses a
wheelchair if no
restroom is provided in
such car for any
passenger;
(ii) space to fold and
store a wheelchair; or
(iii) a seat to which a
passenger who uses a
wheelchair can transfer.
(c) Used rail
cars
It shall be
considered discrimination for
purposes of section 1132 of this
title and section 794 of title 29
for a person to purchase or lease a
used rail passenger car for use in
intercity or commuter rail
transportation, unless such person
makes demonstrated good faith
efforts to purchase or lease a used
rail car that is readily accessible
to and usable by individuals with
disabilities, including individuals
who use wheelchairs, as prescribed
by the Secretary of Transportation
in regulations issued under section
12164 of this title.
(d)
Remanufactured rail cars
(1)
Remanufacturing
It shall
be considered discrimination for
purposes of section 12132 of
this title and section 794 of
title 29 for a person to
remanufacture a rail passenger
car for use in intercity or
commuter rail transportation so
as to extend its usable life for
10 years or more, unless the
rail car, to the maximum extent
feasible, is made readily
accessible to and usable by
individuals with disabilities,
including individuals who use
wheelchairs, as prescribed by
the Secretary of Transportation
in regulations issued under
section 12164 of this title.
(2)
Purchase or lease
It shall
be considered discrimination for
purposes of section 12132 of
this title and section 794 of
title 29 for a person to
purchase or lease a
remanufactured rail passenger
car for use in intercity or
commuter rail transportation
unless such car was
remanufactured in accordance
with paragraph (1).
(e) Stations
(1) New
stations
It shall
be considered discrimination for
purposes of section 12132 of
this title and section 794 of
title 29 for a person to build a
new station for use in intercity
or commuter rail transportation
that is not readily accessible
to and usable by individuals
with disabilities, including
individuals who use wheelchairs,
as prescribed by the Secretary
of Transportation in regulations
issued under section 12164 of
this title.
(2)
Existing stations
(A)
Failure to make readily
accessible
(i) General rule
It
shall be considered
discrimination for
purposes of section
12132 of this title and
section 794 of title 29
for a responsible person
to fail to make existing
stations in the
intercity rail
transportation system,
and existing key
stations in commuter
rail transportation
systems, readily
accessible to and usable
by individuals with
disabilities, including
individuals who use
wheelchairs, as
prescribed by the
Secretary of
Transportation in
regulations issued under
section 12164 of this
title.
(ii) Period for
compliance
(I) Intercity rail
All stations in the
intercity rail
transportation
system shall be made
readily accessible
to and usable by
individuals with
disabilities,
including
individuals who use
wheelchairs, as soon
as practicable, but
in no event later
than 20 years after
July 26, 1990.
(II) Commuter rail
Key stations in
commuter rail
transportation
systems shall be
made readily
accessible to and
usable by
individuals with
disabilities,
including
individuals who use
wheelchairs, as soon
as practicable but
in no event later
than 3 years after
July 26, 1990,
except that the time
limit may be
extended by the
Secretary of
Transportation up to
20 years after July
26, 1990, in a case
where the raising of
the entire passenger
platform is the only
means available of
attaining
accessibility or
where other
extraordinarily
expensive structural
changes are
necessary to attain
accessibility.
(iii) Designation of key
stations
Each commuter authority
shall designate the key
stations in its commuter
rail transportation
system, in consultation
with individuals with
disabilities and
organizations
representing such
individuals, taking into
consideration such
factors as high
ridership and whether
such station serves as a
transfer or feeder
station. Before the
final designation of key
stations under this
clause, a commuter
authority shall hold a
public hearing.
(iv) Plans and
milestones
The Secretary of
Transportation shall
require the appropriate
person to develop a plan
for carrying out this
subparagraph that
reflects consultation
with individuals with
disabilities affected by
such plan and that
establishes milestones
for achievement of the
requirements of this
subparagraph.
(B)
Requirement when making
alterations
(i) General rule
It
shall be considered
discrimination, for
purposes of section
12132 of this title and
section 794 of title 29,
with respect to
alterations of an
existing station or part
thereof in the intercity
or commuter rail
transportation systems
that affect or could
affect the usability of
the station or part
thereof, for the
responsible person,
owner, or person in
control of the station
to fail to make the
alterations in such a
manner that, to the
maximum extent feasible,
the altered portions of
the station are readily
accessible to and usable
by individuals with
disabilities, including
individuals who use
wheelchairs, upon
completion of such
alterations.
(ii) Alterations to a
primary function area
It
shall be considered
discrimination, for
purposes of section
12132 of this title and
section 794 of title 29,
with respect to
alterations that affect
or could affect the
usability of or access
to an area of the
station containing a
primary function, for
the responsible person,
owner, or person in
control of the station
to fail to make the
alterations in such a
manner that, to the
maximum extent feasible,
the path of travel to
the altered area, and
the bathrooms,
telephones, and drinking
fountains serving the
altered area, are
readily accessible to
and usable by
individuals with
disabilities, including
individuals who use
wheelchairs, upon
completion of such
alterations, where such
alterations to the path
of travel or the
bathrooms, telephones,
and drinking fountains
serving the altered area
are not disproportionate
to the overall
alterations in terms of
cost and scope (as
determined under
criteria established by
the Attorney General).
(C)
Required cooperation
It shall
be considered discrimination for
purposes of section 12132 of
this title and section 794 of
title 29 for an owner, or person
in control, of a station
governed by subparagraph (a) or
(b) to fail to provide
reasonable cooperation to a
responsible person with respect
to such station in that
responsible person's efforts to
comply with such subparagraph.
An owner, or person in control,
of a station shall be liable to
a responsible person for any
failure to provide reasonable
cooperation as required by this
subparagraph. Failure to receive
reasonable cooperation required
by this subparagraph shall not
be a defense to a claim of
discrimination under this
chapter.
Sec. 12163.
Conformance of accessibility standards
Accessibility
standards included in regulations issued
under this subpart shall be consistent
with the minimum guidelines issued by
the Architectural and Transportation
Barriers Compliance Board under section
504(a) of this title.
Sec. 12164.
Regulations
Not later than 1
year after July 26, 1990, the Secretary
of Transportation shall issue
regulations, in an accessible format,
necessary for carrying out this subpart.
Sec. 12165.
Interim accessibility requirements
(a) Stations
If final
regulations have not been issued
pursuant to section 12164 of this
title, for new construction or
alterations for which a valid and
appropriate State or local building
permit is obtained prior to the
issuance of final regulations under
such section, and for which the
construction or alteration
authorized by such permit begins
within one year of the receipt of
such permit and is completed under
the terms of such permit, compliance
with the Uniform Federal
Accessibility Standards in effect at
the time the building permit is
issued shall suffice to satisfy the
requirement that stations be readily
accessible to and usable by persons
with disabilities as required under
section 12162(e) of this title,
except that, if such final
regulations have not been issued one
year after the Architectural and
Transportation Barriers Compliance
Board has issued the supplemental
minimum guidelines required under
section 12204(a) of this title,
compliance with such supplemental
minimum guidelines shall be
necessary to satisfy the requirement
that stations be readily accessible
to and usable by persons with
disabilities prior to issuance of
the final regulations.
(b) Rail
passenger cars
If final
regulations have not been issued
pursuant to section 12164 of this
title, a person shall be considered
to have complied with the
requirements of section 12162(a)
through (d) of this title that a
rail passenger car be readily
accessible to and usable by
individuals with disabilities, if
the design for such car complies
with the laws and regulations
(including the Minimum Guidelines
and Requirements for Accessible
Design and such supplemental minimum
guidelines as are issued under
section 12204(a) of this title)
governing accessibility of such
cars, to the extent that such laws
and regulations are not inconsistent
with this subpart and are in effect
at the time such design is
substantially completed.
SUBCHAPTER III - PUBLIC ACCOMMODATIONS AND
SERVICES OPERATED BY PRIVATE ENTITIES
Sec. 12181.
Definitions
As used in this
subchapter:
(1) Commerce
The term
"commerce" means travel, trade,
traffic, commerce, transportation,
or communications
(a) among
the several States;
(b)
between any foreign country or
any territory or possession and
any State; or
(c)
between points in the same State
but through another State or
foreign country.
(2) Commercial
facilities
The term
"commercial facilities" means
facilities
(a) that
are intended for nonresidential
use; and
(b) whose
operations will affect commerce.
Such term
shall not include railroad
locomotives, railroad freight
cars, railroad cabooses,
railroad cars described in
section 12162 of this title or
covered under this subchapter,
railroad rights-of-way, or
facilities that are covered or
expressly exempted from coverage
under the Fair Housing Act of
1968 (42 U.S.C. 3601 et seq.).
(3) Demand
responsive system
The term
"demand responsive system" means any
system of providing transportation
of individuals by a vehicle, other
than a system which is a fixed route
system.
(4) Fixed
route system
The term
"fixed route system" means a system
of providing transportation of
individuals (other than by aircraft)
on which a vehicle is operated along
a prescribed route according to a
fixed schedule.
(5)
Over-the-road bus
The term
"over-the-road bus" means a bus
characterized by an elevated
passenger deck located over a
baggage compartment.
(6) Private
entity
The term
"private entity" means any entity
other than a public entity (as
defined in section 12131(1) of this
title).
(7) Public
accommodation
The following
private entities are considered
public accommodations for purposes
of this subchapter, if the
operations of such entities affect
commerce
(A) an
inn, hotel, motel, or other
place of lodging, except for an
establishment located within a
building that contains not more
than five rooms for rent or hire
and that is actually occupied by
the proprietor of such
establishment as the residence
of such proprietor;
(B) a
restaurant, bar, or other
establishment serving food or
drink;
(C) a
motion picture house, theater,
concert hall, stadium, or other
place of exhibition
entertainment;
(D) an
auditorium, convention center,
lecture hall, or other place of
public gathering;
(E) a
bakery, grocery store, clothing
store, hardware store, shopping
center, or other sales or rental
establishment;
(F) a
laundromat, dry-cleaner, bank,
barber shop, beauty shop, travel
service, shoe repair service,
funeral parlor, gas station,
office of an accountant or
lawyer, pharmacy, insurance
office, professional office of a
health care provider, hospital,
or other service establishment;
(G) a
terminal, depot, or other
station used for specified
public transportation;
(H) a
museum, library, gallery, or
other place of public display or
collection;
(I) a
park, zoo, amusement park, or
other place of recreation;
(J) a
nursery, elementary, secondary,
undergraduate, or postgraduate
private school, or other place
of education;
(K) a day
care center, senior citizen
center, homeless shelter, food
bank, adoption agency, or other
social service center
establishment; and
(L) a
gymnasium, health spa, bowling
alley, golf course, or other
place of exercise or recreation.
(8) Rail and
railroad
The terms
"rail" and "railroad" have the
meaning given the term "railroad" in
section 20102[1] of title 49.
(9) Readily
achievable
The term
"readily achievable" means easily
accomplishable and able to be
carried out without much difficulty
or expense. In determining whether
an action is readily achievable,
factors to be considered include
(A) the
nature and cost of the action
needed under this chapter;
(B) the
overall financial resources of
the facility or facilities
involved in the action; the
number of persons employed at
such facility; the effect on
expenses and resources, or the
impact otherwise of such action
upon the operation of the
facility;
(C) the
overall financial resources of
the covered entity; the overall
size of the business of a
covered entity with respect to
the number of its employees; the
number, type, and location of
its facilities; and
(D) the
type of operation or operations
of the covered entity, including
the composition, structure, and
functions of the workforce of
such entity; the geographic
separateness, administrative or
fiscal relationship of the
facility or facilities in
question to the covered entity.
(10) Specified
public transportation
The term
"specified public transportation"
means transportation by bus, rail,
or any other conveyance (other than
by aircraft) that provides the
general public with general or
special service (including charter
service) on a regular and continuing
basis.
(11) Vehicle
The term
"vehicle" does not include a rail
passenger car, railroad locomotive,
railroad freight car, railroad
caboose, or a railroad car described
in section 12162 of this title or
covered under this subchapter.
Sec. 12182.
Prohibition of discrimination by public
accommodations
(a) General
rule
No individual
shall be discriminated against on
the basis of disability in the full
and equal enjoyment of the goods,
services, facilities, privileges,
advantages, or accommodations of any
place of public accommodation by any
person who owns, leases (or leases
to), or operates a place of public
accommodation.
(b)
Construction
(1)
General prohibition
(A)
Activities
(i) Denial of
participation
It
shall be discriminatory
to subject an individual
or class of individuals
on the basis of a
disability or
disabilities of such
individual or class,
directly, or through
contractual, licensing,
or other arrangements,
to a denial of the
opportunity of the
individual or class to
participate in or
benefit from the goods,
services, facilities,
privileges, advantages,
or accommodations of an
entity.
(ii) Participation in
unequal benefit
It
shall be discriminatory
to afford an individual
or class of individuals,
on the basis of a
disability or
disabilities of such
individual or class,
directly, or through
contractual, licensing,
or other arrangements
with the opportunity to
participate in or
benefit from a good,
service, facility,
privilege, advantage, or
accommodation that is
not equal to that
afforded to other
individuals.
(iii) Separate benefit
It
shall be discriminatory
to provide an individual
or class of individuals,
on the basis of a
disability or
disabilities of such
individual or class,
directly, or through
contractual, licensing,
or other arrangements
with a good, service,
facility, privilege,
advantage, or
accommodation that is
different or separate
from that provided to
other individuals,
unless such action is
necessary to provide the
individual or class of
individuals with a good,
service, facility,
privilege, advantage, or
accommodation, or other
opportunity that is as
effective as that
provided to others.
(iv) Individual or class
of individuals
For purposes of clauses
(i) through (iii) of
this subparagraph, the
term "individual or
class of individuals"
refers to the clients or
customers of the covered
public accommodation
that enters into the
contractual, licensing
or other arrangement.
(B)
Integrated settings
Goods,
services, facilities,
privileges, advantages, and
accommodations shall be
afforded to an individual
with a disability in the
most integrated setting
appropriate to the needs of
the individual.
(C)
Opportunity to participate
Notwithstanding the
existence of separate or
different programs or
activities provided in
accordance with this
section, an individual with
a disability shall not be
denied the opportunity to
participate in such programs
or activities that are not
separate or different.
(D)
Administrative methods
An
individual or entity shall
not, directly or through
contractual or other
arrangements, utilize
standards or criteria or
methods of administration
(i) that have the effect
of discriminating on the
basis of disability; or
(ii) that perpetuate the
discrimination of others
who are subject to
common administrative
control.
(E)
Association
It
shall be discriminatory to
exclude or otherwise deny
equal goods, services,
facilities, privileges,
advantages, accommodations,
or other opportunities to 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.
(2)
Specific prohibitions
(A)
Discrimination
For
purposes of subsection (a)
of this section,
discrimination includes
(i) the imposition or
application of
eligibility criteria
that screen out or tend
to screen out an
individual with a
disability or any class
of individuals with
disabilities from fully
and equally enjoying any
goods, services,
facilities, privileges,
advantages, or
accommodations, unless
such criteria can be
shown to be necessary
for the provision of the
goods, services,
facilities, privileges,
advantages, or
accommodations being
offered;
(ii) a failure to make
reasonable modifications
in policies, practices,
or procedures, when such
modifications are
necessary to afford such
goods, services,
facilities, privileges,
advantages, or
accommodations to
individuals with
disabilities, unless the
entity can demonstrate
that making such
modifications would
fundamentally alter the
nature of such goods,
services, facilities,
privileges, advantages,
or accommodations;
(iii) a failure to take
such steps as may be
necessary to ensure that
no individual with a
disability is excluded,
denied services,
segregated or otherwise
treated differently than
other individuals
because of the absence
of auxiliary aids and
services, unless the
entity can demonstrate
that taking such steps
would fundamentally
alter the nature of the
good, service, facility,
privilege, advantage, or
accommodation being
offered or would result
in an undue burden;
(iv) a failure to remove
architectural barriers,
and communication
barriers that are
structural in nature, in
existing facilities, and
transportation barriers
in existing vehicles and
rail passenger cars used
by an establishment for
transporting individuals
(not including barriers
that can only be removed
through the retrofitting
of vehicles or rail
passenger cars by the
installation of a
hydraulic or other
lift), where such
removal is readily
achievable; and
(v) where an entity can
demonstrate that the
removal of a barrier
under clause (iv) is not
readily achievable, a
failure to make such
goods, services,
facilities, privileges,
advantages, or
accommodations available
through alternative
methods if such methods
are readily achievable.
(B)
Fixed route system
(i) Accessibility
It
shall be considered
discrimination for a
private entity which
operates a fixed route
system and which is not
subject to section 12184
of this title to
purchase or lease a
vehicle with a seating
capacity in excess of 16
passengers (including
the driver) for use on
such system, for which a
solicitation is made
after the 30th day
following the effective
date of this
subparagraph, that is
not readily accessible
to and usable by
individuals with
disabilities, including
individuals who use
wheelchairs.
(ii) Equivalent service
If
a private entity which
operates a fixed route
system and which is not
subject to section 12184
of this title purchases
or leases a vehicle with
a seating capacity of 16
passengers or less
(including the driver)
for use on such system
after the effective date
of this subparagraph
that is not readily
accessible to or usable
by individuals with
disabilities, it shall
be considered
discrimination for such
entity to fail to
operate such system so
that, when viewed in its
entirety, such system
ensures a level of
service to individuals
with disabilities,
including individuals
who use wheelchairs,
equivalent to the level
of service provided to
individuals without
disabilities.
(C)
Demand responsive system
For
purposes of subsection (a)
of this section,
discrimination includes
(i) a failure of a
private entity which
operates a demand
responsive system and
which is not subject to
section 12184 of this
title to operate such
system so that, when
viewed in its entirety,
such system ensures a
level of service to
individuals with
disabilities, including
individuals who use
wheelchairs, equivalent
to the level of service
provided to individuals
without disabilities;
and
(ii) the purchase or
lease by such entity for
use on such system of a
vehicle with a seating
capacity in excess of 16
passengers (including
the driver), for which
solicitations are made
after the 30th day
following the effective
date of this
subparagraph, that is
not readily accessible
to and usable by
individuals with
disabilities (including
individuals who use
wheelchairs) unless such
entity can demonstrate
that such system, when
viewed in its entirety,
provides a level of
service to individuals
with disabilities
equivalent to that
provided to individuals
without disabilities.
(D)
Over-the-road buses
(i) Limitation on
applicability
Subparagraphs (B) and
(C) do not apply to
over-the-road buses.
(ii) Accessibility
requirements
For purposes of
subsection (a) of this
section, discrimination
includes
(I) the purchase or
lease of an
over-the-road bus
which does not
comply with the
regulations issued
under section
12186(a)(2) of this
title by a private
entity which
provides
transportation of
individuals and
which is not
primarily engaged in
the business of
transporting people,
and
(II) any other
failure of such
entity to comply
with such
regulations.
(3)
Specific construction
Nothing in
this subchapter shall require an
entity to permit an individual
to participate in or benefit
from the goods, services,
facilities, privileges,
advantages and accommodations of
such entity where such
individual poses a direct threat
to the health or safety of
others. The term "direct threat"
means a significant risk to the
health or safety of others that
cannot be eliminated by a
modification of policies,
practices, or procedures or by
the provision of auxiliary aids
or services.
Sec. 12183. New
construction and alterations in public
accommodations and commercial facilities
(a)
Application of term
Except as
provided in subsection (b) of this
section, as applied to public
accommodations and commercial
facilities, discrimination for
purposes of section 12182(a) of this
title includes
(1) a
failure to design and construct
facilities for first occupancy
later than 30 months after July
26, 1990, that are readily
accessible to and usable by
individuals with disabilities,
except where an entity can
demonstrate that it is
structurally impracticable to
meet the requirements of such
subsection in accordance with
standards set forth or
incorporated by reference in
regulations issued under this
subchapter; and
(2) with
respect to a facility or part
thereof that is altered by, on
behalf of, or for the use of an
establishment in a manner that
affects or could affect the
usability of the facility or
part thereof, a failure to make
alterations in such a manner
that, to the maximum extent
feasible, the altered portions
of the facility are readily
accessible to and usable by
individuals with disabilities,
including individuals who use
wheelchairs. Where the entity is
undertaking an alteration that
affects or could affect
usability of or access to an
area of the facility containing
a primary function, the entity
shall also make the alterations
in such a manner that, to the
maximum extent feasible, the
path of travel to the altered
area and the bathrooms,
telephones, and drinking
fountains serving the altered
area, are readily accessible to
and usable by individuals with
disabilities where such
alterations to the path of
travel or the bathrooms,
telephones, and drinking
fountains serving the altered
area are not disproportionate to
the overall alterations in terms
of cost and scope (as determined
under criteria established by
the Attorney General).
(b) Elevator
Subsection (a)
of this section shall not be
construed to require the
installation of an elevator for
facilities that are less than three
stories or have less than 3,000
square feet per story unless the
building is a shopping center, a
shopping mall, or the professional
office of a health care provider or
unless the Attorney General
determines that a particular
category of such facilities requires
the installation of elevators based
on the usage of such facilities.
Sec. 12184.
Prohibition of discrimination in
specified public transportation services
provided by private entities
(a) General
rule
No individual
shall be discriminated against on
the basis of disability in the full
and equal enjoyment of specified
public transportation services
provided by a private entity that is
primarily engaged in the business of
transporting people and whose
operations affect commerce.
(b)
Construction
For purposes
of subsection (a) of this section,
discrimination includes
(1) the
imposition or application by an
entity described in subsection
(a) of eligibility criteria that
screen out or tend to screen out
an individual with a disability
or any class of individuals with
disabilities from fully enjoying
the specified public
transportation services provided
by the entity, unless such
criteria can be shown to be
necessary for the provision of
the services being offered;
(2) the
failure of such entity to
(A)
make reasonable
modifications consistent
with those required under
section 12182(a)(2)(a)(ii)
of this title;
(B)
provide auxiliary aids and
services consistent with the
requirements of section
12182(a)(2)(a)(iii) of this
title; and
(C)
remove barriers consistent
with the requirements of
section 12182(b)(2)(A) of
this title and with the
requirements of section
12183(a)(2) of this title;
(3) the
purchase or lease by such entity
of a new vehicle (other than an
automobile, a van with a seating
capacity of less than 8
passengers, including the
driver, or an over- the-road
bus) which is to be used to
provide specified public
transportation and for which a
solicitation is made after the
30th day following the effective
date of this section, that is
not readily accessible to and
usable by individuals with
disabilities, including
individuals who use wheelchairs;
except that the new vehicle need
not be readily accessible to and
usable by such individuals if
the new vehicle is to be used
solely in a demand responsive
system and if the entity can
demonstrate that such system,
when viewed in its entirety,
provides a level of service to
such individuals equivalent to
the level of service provided to
the general public;
(4)
(A)
the purchase or lease by
such entity of an
over-the-road bus which does
not comply with the
regulations issued under
section 12186(a)(2) of this
title; and
(B)
any other failure of such
entity to comply with such
regulations; and
(5) the
purchase or lease by such entity
of a new van with a seating
capacity of less than 8
passengers, including the
driver, which is to be used to
provide specified public
transportation and for which a
solicitation is made after the
30th day following the effective
date of this section that is not
readily accessible to or usable
by individuals with
disabilities, including
individuals who use wheelchairs;
except that the new van need not
be readily accessible to and
usable by such individuals if
the entity can demonstrate that
the system for which the van is
being purchased or leased, when
viewed in its entirety, provides
a level of service to such
individuals equivalent to the
level of service provided to the
general public;
(6) the
purchase or lease by such entity
of a new rail passenger car that
is to be used to provide
specified public transportation,
and for which a solicitation is
made later than 30 days after
the effective date of this
paragraph, that is not readily
accessible to and usable by
individuals with disabilities,
including individuals who use
wheelchairs; and
(7) the
remanufacture by such entity of
a rail passenger car that is to
be used to provide specified
public transportation so as to
extend its usable life for 10
years or more, or the purchase
or lease by such entity of such
a rail car, unless the rail car,
to the maximum extent feasible,
is made readily accessible to
and usable by individuals with
disabilities, including
individuals who use wheelchairs.
(c)
Historical or antiquated cars
(1)
Exception
To the
extent that compliance with
subsection (a)(2)(C) or (a)(7)of
this section would significantly
alter the historic or antiquated
character of a historical or
antiquated rail passenger car,
or a rail station served
exclusively by such cars, or
would result in violation of any
rule, regulation, standard, or
order issued by the Secretary of
Transportation under the Federal
Railroad Safety Act of 1970,
such compliance shall not be
required.
(2)
Definition
As used in
this subsection, the term
"historical or antiquated rail
passenger car" means a rail
passenger car
(A)
which is not less than 30
years old at the time of its
use for transporting
individuals;
(B)
the manufacturer of which is
no longer in the business of
manufacturing rail passenger
cars; and
(C)
which
(i) has a consequential
association with events
or persons significant
to the past; or
(ii) embodies, or is
being restored to
embody, the distinctive
characteristics of a
type of rail passenger
car used in the past, or
to represent a time
period which has passed.
Sec. 12185. Study
(a) Purposes
The Office of
Technology Assessment shall
undertake a study to determine
(1) the
access needs of individuals with
disabilities to over-the-road
buses and over-the- road bus
service; and
(2) the
most cost-effective methods for
providing access to
over-the-road buses and
over-the-road bus service to
individuals with disabilities,
particularly individuals who use
wheelchairs, through all forms
of boarding options.
(b) Contents
The study
shall include, at a minimum, an
analysis of the following:
(1) The
anticipated demand by
individuals with disabilities
for accessible over-the-road
buses and over-the-road bus
service.
(2) The
degree to which such buses and
service, including any service
required under sections
12184(a)(4) and 12186(a)(2) of
this title, are readily
accessible to and usable by
individuals with disabilities.
(3) The
effectiveness of various methods
of providing accessibility to
such buses and service to
individuals with disabilities.
(4) The
cost of providing accessible
over-the-road buses and bus
service to individuals with
disabilities, including
consideration of recent
technological and cost saving
developments in equipment and
devices.
(5)
Possible design changes in
over-the-road buses that could
enhance accessibility, including
the installation of accessible
restrooms which do not result in
a loss of seating capacity.
(6) The
impact of accessibility
requirements on the continuation
of over-the-road bus service,
with particular consideration of
the impact of such requirements
on such service to rural
communities.
(c) Advisory
committee
In conducting
the study required by subsection (a)
of this section, the Office of
Technology Assessment shall
establish an advisory committee,
which shall consist of
(1)
members selected from among
private operators and
manufacturers of over-the-road
buses;
(2)
members selected from among
individuals with disabilities,
particularly individuals who use
wheelchairs, who are potential
riders of such buses; and
(3)
members selected for their
technical expertise on issues
included in the study, including
manufacturers of boarding
assistance equipment and
devices.
The number
of members selected under each
of paragraphs (1) and (2) shall
be equal, and the total number
of members selected under
paragraphs (1) and (2) shall
exceed the number of members
selected under paragraph (3).
(d) Deadline
The study
required by subsection (a) of this
section, along with recommendations
by the Office of Technology
Assessment, including any policy
options for legislative action,
shall be submitted to the President
and Congress within 36 months after
July 26, 1990. If the President
determines that compliance with the
regulations issued pursuant to
section 12186(a)(2)(B) of this title
on or before the applicable
deadlines specified in section
12186(a)(2)(B) of this title will
result in a significant reduction in
intercity over-the-road bus service,
the President shall extend each such
deadline by 1 year.
(e) Review
In developing
the study required by subsection (a)
of this section, the Office of
Technology Assessment shall provide
a preliminary draft of such study to
the Architectural and Transportation
Barriers Compliance Board
established under section 792 of
title 29. The Board shall have an
opportunity to comment on such draft
study, and any such comments by the
Board made in writing within 120
days after the Board's receipt of
the draft study shall be
incorporated as part of the final
study required to be submitted under
subsection (d) of this section.
Sec. 12186.
Regulations
(a)
Transportation provisions
(1)
General rule
Not later
than 1 year after July 26, 1990,
the Secretary of Transportation
shall issue regulations in an
accessible format to carry out
sections12182 (a)(2)(a) and (C)
of this title and to carry out
section 12184 of this title
(other than subsection (a)(4)).
(2)
Special rules for providing
access to over-the-road buses
(A)
Interim requirements
(i) Issuance
Not later than 1 year
after July 26, 1990, the
Secretary of
Transportation shall
issue regulations in an
accessible format to
carry out sections
12184(b)(4) and
12182(b)(2)(D)(ii) of
this title that require
each private entity
which uses an
over-the-road bus to
provide transportation
of individuals to
provide accessibility to
such bus; except that
such regulations shall
not require any
structural changes in
over-the-road buses in
order to provide access
to individuals who use
wheelchairs during the
effective period of such
regulations and shall
not require the purchase
of boarding assistance
devices to provide
access to such
individuals.
(ii) Effective period
The regulations issued
pursuant to this
subparagraph shall be
effective until the
effective date of the
regulations issued under
subparagraph (a).
(B)
Final requirement
(i) Review of study and
interim requirements
The Secretary shall
review the study
submitted under section
12185 of this title and
the regulations issued
pursuant to subparagraph
(A).
(ii) Issuance
Not later than 1 year
after the date of the
submission of the study
under section 12185 of
this title, the
Secretary shall issue in
an accessible format new
regulations to carry out
sections 12184(b)(4) and
12182(b)(2)(D)(ii) of
this title that require,
taking into account the
purposes of the study
under section 12185 of
this title and any
recommendations
resulting from such
study, each private
entity which uses an
over-the-road bus to
provide transportation
to individuals to
provide accessibility to
such bus to individuals
with disabilities,
including individuals
who use wheelchairs.
(iii) Effective period
Subject to section
12185(d) of this title,
the regulations issued
pursuant to this
subparagraph shall take
effect
(I) with respect to
small providers of
transportation (as
defined by the
Secretary), 3 years
after the date of
issuance of final
regulations under
clause (ii); and
(II) with respect to
other providers of
transportation, 2
years after the date
of issuance of such
final regulations.
(C)
Limitation on requiring
installation of accessible
restrooms
The
regulations issued pursuant
to this paragraph shall not
require the installation of
accessible restrooms in
over-the-road buses if such
installation would result in
a loss of seating capacity.
(3)
Standards
The
regulations issued pursuant to
this subsection shall include
standards applicable to
facilities and vehicles covered
by sections 12182(b) (2) and
12184 of this title.
(b) Other
provisions
Not later than
1 year after July 26, 1990, the
Attorney General shall issue
regulations in an accessible format
to carry out the provisions of this
subchapter not referred to in
subsection (a) of this section that
include standards applicable to
facilities and vehicles covered
under section 12182 of this title.
(c)
Consistency with ATBCB guidelines
Standards
included in regulations issued under
subsections (a) and (b) of this
section shall be consistent with the
minimum guidelines and requirements
issued by the Architectural and
Transportation Barriers Compliance
Board in accordance with section
12204 of this title.
(d) Interim
accessibility standards
(1)
Facilities
If final
regulations have not been issued
pursuant to this section, for
new construction or alterations
for which a valid and
appropriate State or local
building permit is obtained
prior to the issuance of final
regulations under this section,
and for which the construction
or alteration authorized by such
permit begins within one year of
the receipt of such permit and
is completed under the terms of
such permit, compliance with the
Uniform Federal Accessibility
Standards in effect at the time
the building permit is issued
shall suffice to satisfy the
requirement that facilities be
readily accessible to and usable
by persons with disabilities as
required under section 12183 of
this title, except that, if such
final regulations have not been
issued one year after the
Architectural and Transportation
Barriers Compliance Board has
issued the supplemental minimum
guidelines required under
section 12204(a) of this title,
compliance with such
supplemental minimum guidelines
shall be necessary to satisfy
the requirement that facilities
be readily accessible to and
usable by persons with
disabilities prior to issuance
of the final regulations.
(2)
Vehicles and rail passenger cars
If final
regulations have not been issued
pursuant to this section, a
private entity shall be
considered to have complied with
the requirements of this
subchapter, if any, that a
vehicle or rail passenger car be
readily accessible to and usable
by individuals with
disabilities, if the design for
such vehicle or car complies
with the laws and regulations
(including the Minimum
Guidelines and Requirements for
Accessible Design and such
supplemental minimum guidelines
as are issued under section
12204(a) of this title)
governing accessibility of such
vehicles or cars, to the extent
that such laws and regulations
are not inconsistent with this
subchapter and are in effect at
the time such design is
substantially completed.
Sec. 12187.
Exemptions for private clubs and
religious organizations
The provisions of
this subchapter shall not apply to
private clubs or establishments exempted
from coverage under title II of the
Civil Rights Act of 1964 (42 U.S.C.
2000-a(e)) or to religious organizations
or entities controlled by religious
organizations, including places of
worship.
Sec. 12188.
Enforcement
(a) In
general
(1)
Availability of remedies and
procedures
The
remedies and procedures set
forth in section 2000a-3(a) of
this title are the remedies and
procedures this subchapter
provides to any person who is
being subjected to
discrimination on the basis of
disability in violation of this
subchapter or who has reasonable
grounds for believing that such
person is about to be subjected
to discrimination in violation
of section 12183 of this title.
Nothing in this section shall
require a person with a
disability to engage in a futile
gesture if such person has
actual notice that a person or
organization covered by this
subchapter does not intend to
comply with its provisions.
(2)
Injunctive relief
In the
case of violations of sections
12182(b)(2)(A)(iv) and Section
12183(a) of this title,
injunctive relief shall include
an order to alter facilities to
make such facilities readily
accessible to and usable by
individuals with disabilities to
the extent required by this
subchapter. Where appropriate,
injunctive relief shall also
include requiring the provision
of an auxiliary aid or service,
modification of a policy, or
provision of alternative
methods, to the extent required
by this subchapter.
(b)
Enforcement by Attorney General
(1) Denial
of rights
(A)
Duty to investigate
(i) In general
The Attorney General
shall investigate
alleged violations of
this subchapter, and
shall undertake periodic
reviews of compliance of
covered entities under
this subchapter.
(ii) Attorney General
certification
On
the application of a
State or local
government, the Attorney
General may, in
consultation with the
Architectural and
Transportation Barriers
Compliance Board, and
after prior notice and a
public hearing at which
persons, including
individuals with
disabilities, are
provided an opportunity
to testify against such
certification, certify
that a State law or
local building code or
similar ordinance that
establishes
accessibility
requirements meets or
exceeds the minimum
requirements of this
chapter for the
accessibility and
usability of covered
facilities under this
subchapter. At any
enforcement proceeding
under this section, such
certification by the
Attorney General shall
be rebuttable evidence
that such State law or
local ordinance does
meet or exceed the
minimum requirements of
this chapter.
(B)
Potential violation
If the
Attorney General has
reasonable cause to believe
that
(i) any person or group
of persons is engaged in
a pattern or practice of
discrimination under
this subchapter; or
(ii) any person or group
of persons has been
discriminated against
under this subchapter
and such discrimination
raises an issue of
general public
importance, the Attorney
General may commence a
civil action in any
appropriate United
States district court.
(2)
Authority of court
In a civil
action under paragraph (1) (B),
the court
(A)
may grant any equitable
relief that such court
considers to be appropriate,
including, to the extent
required by this subchapter
(i) granting temporary,
preliminary, or
permanent relief;
(ii) providing an
auxiliary aid or
service, modification of
policy, practice, or
procedure, or
alternative method; and
(iii) making facilities
readily accessible to
and usable by
individuals with
disabilities;
(B)
may award such other relief
as the court considers to be
appropriate, including
monetary damages to persons
aggrieved when requested by
the Attorney General; and
(C)
may, to vindicate the public
interest, assess a civil
penalty against the entity
in an amount
(i) not exceeding
$50,000 for a first
violation; and
(ii) not exceeding
$100,000 for any
subsequent violation.
(3) Single
violation
For
purposes of paragraph (2) (C),
in determining whether a first
or subsequent violation has
occurred, a determination in a
single action, by judgment or
settlement, that the covered
entity has engaged in more than
one discriminatory act shall be
counted as a single violation.
(4)
Punitive damages
For
purposes of subsection (b) (2)
(B) of this section, the term
"monetary damages" and "such
other relief" does not include
punitive damages.
(5)
Judicial consideration
In a civil
action under paragraph (1)(B),
the court, when considering what
amount of civil penalty, if any,
is appropriate, shall give
consideration to any good faith
effort or attempt to comply with
this chapter by the entity. In
evaluating good faith, the court
shall consider, among other
factors it deems relevant,
whether the entity could have
reasonably anticipated the need
for an appropriate type of
auxiliary aid needed to
accommodate the unique needs of
a particular individual with a
disability.
Sec. 12189.
Examinations and courses
Any person that
offers examinations or courses related
to applications, licensing,
certification, or credentialing for
secondary or postsecondary education,
professional, or trade purposes shall
offer such examinations or courses in a
place and manner accessible to persons
with disabilities or offer alternative
accessible arrangements for such
individuals.
SUBCHAPTER IV - MISCELLANEOUS PROVISIONS
Sec. 12201.
Construction
(a) In
general
Except as
otherwise provided in this chapter,
nothing in this chapter shall be
construed to apply a lesser standard
than the standards applied under
title V of the Rehabilitation Act of
1973 (29 U.S.C. 790 et seq.) or the
regulations issued by Federal
agencies pursuant to such title.
(b)
Relationship to other laws
Nothing in
this chapter shall be construed to
invalidate or limit the remedies,
rights, and procedures of any
Federal law or law of any State or
political subdivision of any State
or jurisdiction that provides
greater or equal protection for the
rights of individuals with
disabilities than are afforded by
this chapter. Nothing in this
chapter shall be construed to
preclude the prohibition of, or the
imposition of restrictions on,
smoking in places of employment
covered by subchapter I of this
chapter, in transportation covered
by subchapter II or III of this
chapter, or in places of public
accommodation covered by subchapter
III of this chapter.
(c) Insurance
Subchapters I
through III of this chapter and
title IV of this Act shall not be
construed to prohibit or restrict
(1) an
insurer, hospital or medical
service company, health
maintenance organization, or any
agent, or entity that
administers benefit plans, or
similar organizations from
underwriting risks, classifying
risks, or administering such
risks that are based on or not
inconsistent with State law; or
(2) a
person or organization covered
by this chapter from
establishing, sponsoring,
observing or administering the
terms of a bona fide benefit
plan that are based on
underwriting risks, classifying
risks, or administering such
risks that are based on or not
inconsistent with State law; or
(3) a
person or organization covered
by this chapter from
establishing, sponsoring,
observing or administering the
terms of a bona fide benefit
plan that is not subject to
State laws that regulate
insurance.
Paragraphs
(1), (2), and (3) shall not be
used as a subterfuge to evade
the purposes of subchapter I and
III of this chapter.
(d)
Accommodations and services
Nothing in
this chapter shall be construed to
require an individual with a
disability to accept an
accommodation, aid, service,
opportunity, or benefit which such
individual chooses not to accept.
Sec. 12202. State
immunity
A State shall not
be immune under the eleventh amendment
to the Constitution of the United States
from an action in Federal or State court
of competent jurisdiction for a
violation of this chapter. In any action
against a State for a violation of the
requirements of this chapter, remedies
(including remedies both at law and in
equity) are available for such a
violation to the same extent as such
remedies are available for such a
violation in an action against any
public or private entity other than a
State.
Sec. 12203.
Prohibition against retaliation and
coercion
(a)
Retaliation
No person
shall discriminate against any
individual because such individual
has opposed any act or practice made
unlawful by this chapter or because
such individual made a charge,
testified, assisted, or participated
in any manner in an investigation,
proceeding, or hearing under this
chapter.
(b)
Interference, coercion, or
intimidation
It shall be
unlawful to coerce, intimidate,
threaten, or interfere with any
individual in the exercise or
enjoyment of, or on account of his
or her having exercised or enjoyed,
or on account of his or her having
aided or encouraged any other
individual in the exercise or
enjoyment of, any right granted or
protected by this chapter.
(c) Remedies
and procedures
The remedies
and procedures available under
sections 12117, 12133, and 12188 of
this title shall be available to
aggrieved persons for violations of
subsections (a) and (b) of this
section, with respect to subchapter
I, subchapter II and subchapter III
of this chapter, respectively.
Sec. 12204.
Regulations by Architectural and
Transportation Barriers Compliance Board
(a) Issuance
of guidelines
Not later than
9 months after July 26, 1990, the
Architectural and Transportation
Barriers Compliance Board shall
issue minimum guidelines that shall
supplement the existing Minimum
Guidelines and Requirements for
Accessible Design for purposes of
subchapters II and III of this
chapter.
(b) Contents
of guidelines
The
supplemental guidelines issued under
subsection (a) of this section shall
establish additional requirements,
consistent with this chapter, to
ensure that buildings, facilities,
rail passenger cars, and vehicles
are accessible, in terms of
architecture and design,
transportation, and communication,
to individuals with disabilities.
(c) Qualified
historic properties
(1) In
general
The
supplemental guidelines issued
under subsection (a) of this
section shall include procedures
and requirements for alterations
that will threaten or destroy
the historic significance of
qualified historic buildings and
facilities as defined in
4.1.7(1)(a) of the Uniform
Federal Accessibility Standards.
(2) Sites
eligible for listing in National
Register
With
respect to alterations of
buildings or facilities that are
eligible for listing in the
National Register of Historic
Places under the National
Historic Preservation Act (16
U.S.C. 470 et seq.), the
guidelines described in
paragraph (1) shall, at a
minimum, maintain the procedures
and requirements established in
4.1.7(1) and (2) of the Uniform
Federal Accessibility Standards.
(3) Other
sites
With
respect to alterations of
buildings or facilities
designated as historic under
State or local law, the
guidelines described in
paragraph (1) shall establish
procedures equivalent to those
established by 4.1.7(1)(b) and
(c) of the Uniform Federal
Accessibility Standards, and
shall require, at a minimum,
compliance with the requirements
established in 4.1.7(2) of such
standards.
Sec. 12205.
Attorney's fees
In any action or
administrative proceeding commenced
pursuant to this chapter, the court or
agency, in its discretion, may allow the
prevailing party, other than the United
States, a reasonable attorney's fee,
including litigation expenses, and
costs, and the United States shall be
liable for the foregoing the same as a
private individual.
Sec. 12206.
Technical assistance
(a) Plan for
assistance
(1) In
general
Not later
than 180 days after July 26,
1990, the Attorney General, in
consultation with the Chair of
the Equal Employment Opportunity
Commission, the Secretary of
Transportation, the Chair of the
Architectural and Transportation
Barriers Compliance Board, and
the Chairman of the Federal
Communications Commission, shall
develop a plan to assist
entities covered under this
chapter, and other Federal
agencies, in understanding the
responsibility of such entities
and agencies under this chapter.
(2)
Publication of plan
The
Attorney General shall publish
the plan referred to in
paragraph (1) for public comment
in accordance with subchapter II
of chapter 5 of title 5
(commonly known as the
Administrative Procedure Act).
(b) Agency
and public assistance
The Attorney
General may obtain the assistance of
other Federal agencies in carrying
out subsection (a) of this section,
including the National Council on
Disability, the President's
Committee on Employment of People
with Disabilities, the Small
Business Administration, and the
Department of Commerce.
(c)
Implementation
(1)
Rendering assistance
Each
Federal agency that has
responsibility under paragraph
(2) for implementing this
chapter may render technical
assistance to individuals and
institutions that have rights or
duties under the respective
subchapter or subchapters of
this chapter for which such
agency has responsibility.
(2)
Implementation of subchapters
(A)
Subchapter I
The
Equal Employment Opportunity
Commission and the Attorney
General shall implement the
plan for assistance
developed under subsection
(a) of this section, for
subchapter I of this
chapter.
(B)
Subchapter II
(i) Part A
The Attorney General
shall implement such
plan for assistance for
part A of subchapter II
of this chapter.
(ii) Part B
The Secretary of
Transportation shall
implement such plan for
assistance for part B of
subchapter II of this
chapter.
(C)
Subchapter III
The
Attorney General, in
coordination with the
Secretary of Transportation
and the Chair of the
Architectural Transportation
Barriers Compliance Board,
shall implement such plan
for assistance for
subchapter III of this
chapter, except for section
12184 of this title, the
plan for assistance for
which shall be implemented
by the Secretary of
Transportation.
(D)
Title IV
The
Chairman of the Federal
Communications Commission,
in coordination with the
Attorney General, shall
implement such plan for
assistance for title IV.
(3)
Technical assistance manuals
Each
Federal agency that has
responsibility under paragraph
(2) for implementing this
chapter shall, as part of its
implementation responsibilities,
ensure the availability and
provision of appropriate
technical assistance manuals to
individuals or entities with
rights or duties under this
chapter no later than six months
after applicable final
regulations are published under
subchapters I, II, and III of
this chapter and title IV.
(d) Grants
and contracts
(1) In
general
Each
Federal agency that has
responsibility under subsection
(c) (2) of this section for
implementing this chapter may
make grants or award contracts
to effectuate the purposes of
this section, subject to the
availability of appropriations.
Such grants and contracts may be
awarded to individuals,
institutions not organized for
profit and no part of the net
earnings of which inures to the
benefit of any private
shareholder or individual
(including educational
institutions), and associations
representing individuals who
have rights or duties under this
chapter. Contracts may be
awarded to entities organized
for profit, but such entities
may not be the recipients or
grants described in this
paragraph.
(2)
Dissemination of information
Such
grants and contracts, among
other uses, may be designed to
ensure wide dissemination of
information about the rights and
duties established by this
chapter and to provide
information and technical
assistance about techniques for
effective compliance with this
chapter.
(e) Failure
to receive assistance
An employer,
public accommodation, or other
entity covered under this chapter
shall not be excused from compliance
with the requirements of this
chapter because of any failure to
receive technical assistance under
this section, including any failure
in the development or dissemination
of any technical assistance manual
authorized by this section.
Sec. 12207.
Federal wilderness areas
(a) Study
The National
Council on Disability shall conduct
a study and report on the effect
that wilderness designations and
wilderness land management practices
have on the ability of individuals
with disabilities to use and enjoy
the National Wilderness Preservation
System as established under the
Wilderness Act (16 U.S.C. 1131 et
seq.).
(b)
Submission of report
Not later than
1 year after July 26, 1990, the
National Council on Disability shall
submit the report required under
subsection (a) of this section to
Congress.
(c) Specific
wilderness access
(1) In
general
Congress
reaffirms that nothing in the
Wilderness Act (16 U.S.C. 1131
et seq.) is to be construed as
prohibiting the use of a
wheelchair in a wilderness area
by an individual whose
disability requires use of a
wheelchair, and consistent with
the Wilderness Act no agency is
required to provide any form of
special treatment or
accommodation, or to construct
any facilities or modify any
conditions of lands within a
wilderness area in order to
facilitate such use.
(2)
"Wheelchair" defined
For
purposes of paragraph (1), the
term "wheelchair" means a device
designed solely for use by a
mobility-impaired person for
locomotion, that is suitable for
use in an indoor pedestrian
area.
Sec. 12208.
Transvestites
For the purposes
of this chapter, the term "disabled" or
"disability" shall not apply to an
individual solely because that
individual is a transvestite.
Sec. 12209.
Instrumentalities of Congress
The General
Accounting Office, the Government
Printing Office, and the Library of
Congress shall be covered as follows:
(1) In general
The rights and
protections under this chapter
shall, subject to paragraph (2),
apply with respect to the conduct of
each instrumentality of the
Congress.
(2)
Establishment of remedies and
procedures by instrumentalities
The chief
official of each instrumentality of
the Congress shall establish
remedies and procedures to be
utilized with respect to the rights
and protections provided pursuant to
paragraph (1).
(3) Report to
Congress
The chief
official of each instrumentality of
the Congress shall, after
establishing remedies and procedures
for purposes of paragraph (2),
submit to the Congress a report
describing the remedies and
procedures.
(4) Definition
of instrumentalities
For purposes
of this section, the term
"instrumentality of the Congress"
means the following: the General
Accounting Office, the Government
Printing Office, and the Library of
Congress.
(5)
Enforcement of employment rights
The remedies
and procedures set forth in section
2000e -16 of this title shall be
available to any employee of an
instrumentality of the Congress who
alleges a violation of the rights
and protections under sections 12112
through 12114 of this title that are
made applicable by this section,
except that the authorities of the
Equal Employment Opportunity
Commission shall be exercised by the
chief official of the
instrumentality of the Congress.
(6)
Enforcement of rights to public
services and accommodations
The remedies
and procedures set forth in section
2000e -16 of this title shall be
available to any qualified person
with a disability who is a visitor,
guest, or patron of an
instrumentality of Congress and who
alleges a violation of the rights
and protections under sections 12131
through 12150 of this title or
section 12182 or 12183 of this title
that are made applicable by this
section, except that the authorities
of the Equal Employment Opportunity
Commission shall be exercised by the
chief official of the
instrumentality of the Congress.
(7)
Construction
Nothing in
this section shall alter the
enforcement procedures for
individuals with disabilities
provided in the General Accounting
Office Personnel Act of 1980 and
regulations promulgated pursuant to
that Act.
Sec. 12210.
Illegal use of drugs
(a) In
general
For purposes
of this chapter, the term
"individual with a disability" does
not include an individual who is
currently engaging in the illegal
use of drugs, when the covered
entity acts on the basis of such
use.
(b) Rules of
construction
Nothing in
subsection (a) of this section shall
be construed to exclude as an
individual with a disability an
individual who
(1) has
successfully completed a
supervised drug rehabilitation
program and is no longer
engaging in the illegal use of
drugs, or has otherwise been
rehabilitated successfully and
is no longer engaging in such
use;
(2) is
participating in a supervised
rehabilitation program and is no
longer engaging in such use; or
(3) is
erroneously regarded as engaging
in such use, but is not engaging
in such use;
except
that it shall not be a violation
of this chapter for a covered
entity to adopt or administer
reasonable policies or
procedures, including but not
limited to drug testing,
designed to ensure that an
individual described in
paragraph (1) or (2) is no
longer engaging in the illegal
use of drugs; however, nothing
in this section shall be
construed to encourage,
prohibit, restrict, or authorize
the conducting of testing for
the illegal use of drugs.
(c) Health
and other services
Notwithstanding subsection (a) of
this section and section 12211(b)(3)
of this title, an individual shall
not be denied health services, or
services provided in connection with
drug rehabilitation, on the basis of
the current illegal use of drugs if
the individual is otherwise entitled
to such services.
(d) "Illegal
use of drugs" defined
(1) In
general
The term
"illegal use of drugs" means the
use of drugs, the possession or
distribution of which is
unlawful under the Controlled
Substances Act (21 U.S.C. 801 et
seq.). Such term does not
include the use of a drug taken
under supervision by a licensed
health care professional, or
other uses authorized by the
Controlled Substances Act or
other provisions of Federal law.
(2) Drugs
The term
"drug" means a controlled
substance, as defined in
schedules I through V of section
202 of the Controlled Substances
Act (21 U.S.C. 812).
Sec. 12211.
Definitions
(a)
Homosexuality and bisexuality
For purposes
of the definition of "disability" in
section 12102(2) of this title,
homosexuality and bisexuality are
not impairments and as such are not
disabilities under this chapter.
(b) Certain
conditions
Under this
chapter, the term "disability" shall
not include
(1)
transvestism, transsexualism,
pedophilia, exhibitionism,
voyeurism, gender identity
disorders not resulting from
physical impairments, or other
sexual behavior disorders;
(2)
compulsive gambling,
kleptomania, or pyromania; or
(3)
psychoactive substance use
disorders resulting from current
illegal use of drugs.
Sec. 12212.
Alternative means of dispute resolution
Where appropriate
and to the extent authorized by law, the
use of alternative means of dispute
resolution, including settlement
negotiations, conciliation,
facilitation, mediation, fact-finding,
minitrials, and arbitration, is
encouraged to resolve disputes arising
under this chapter.
Sec. 12213.
Severability
Should any
provision in this chapter be found to be
unconstitutional by a court of law, such
provision shall be severed from the
remainder of the chapter, and such
action shall not affect the
enforceability of the remaining
provisions of the chapter.
TITLE 47 - TELEGRAPHS,
TELEPHONES, AND RADIOTELEGRAPHS
CHAPTER 5 - WIRE OR RADIO COMMUNICATION
SUBCHAPTER II - COMMON
CARRIERS
Part I - Common
Carrier Regulation
Sec. 225.
Telecommunications services for
hearing-impaired and speech-impaired
individuals
(a)
Definitions
As used in
this section
(1) Common
carrier or carrier
The term
"common carrier" or "carrier"
includes any common carrier
engaged in interstate
communication by wire or radio
as defined in section 153 of
this title and any common
carrier engaged in intrastate
communication by wire or radio,
notwithstanding sections 152(a)
and 221(a) of this title.
(2) TDD
The term
"TDD" means a Telecommunications
Device for the Deaf which is a
machine that employs graphic
communication in the
transmission of coded signals
through a wire or radio
communication system.
(3)
Telecommunications relay
services
The term
"telecommunications relay
services" means telephone
transmission services that
provide the ability for an
individual who has a hearing
impairment or speech impairment
to engage in communication by
wire or radio with a hearing
individual in a manner that is
functionally equivalent to the
ability of an individual who
does not have a hearing
impairment or speech impairment
to communicate using voice
communication services by wire
or radio. Such term includes
services that enable two-way
communication between an
individual who uses a TDD or
other nonvoice terminal device
and an individual who does not
use such a device.
(b)
Availability of telecommunications
relay service
(1) In
general
In order
to carry out the purposes
established under section 151 of
this title, to make available to
all individuals in the United
States a rapid, efficient
nationwide communication
service, and to increase the
utility of the telephone system
of the Nation, the Commission
shall ensure that interstate and
intrastate telecommunications
relay services are available, to
the extent possible and in the
most efficient manner, to
hearing-impaired and
speech-impaired individuals in
the United States.
(2) Use of
general authority and remedies
For the
purposes of administering and
enforcing the provisions of this
section and the regulations
prescribed thereunder, the
Commission shall have the same
authority, power, and functions
with respect to common carriers
engaged in intrastate
communication as the Commission
has in administering and
enforcing the provisions of this
subchapter with respect to any
common carrier engaged in
interstate communication. Any
violation of this section by any
common carrier engaged in
intrastate communication shall
be subject to the same remedies,
penalties, and procedures as are
applicable to a violation of
this chapter by a common carrier
engaged in interstate
communication.
(c) Provision
of services
Each common
carrier providing telephone voice
transmission services shall, not
later than 3 years after July 26,
1990, provide in compliance with the
regulations prescribed under this
section, throughout the area in
which it offers service,
telecommunications relay services,
individually, through designees,
through a competitively selected
vendor, or in concert with other
carriers. A common carrier shall be
considered to be in compliance with
such regulations
(1) with
respect to intrastate
telecommunications relay
services in any State that does
not have a certified program
under subsection (f) of this
section and with respect to
interstate telecommunications
relay services, if such common
carrier (or other entity through
which the carrier is providing
such relay services) is in
compliance with the Commission's
regulations under subsection (d)
of this section; or
(2) with
respect to intrastate
telecommunications relay
services in any State that has a
certified program under
subsection (f) of this section
for such State, if such common
carrier (or other entity through
which the carrier is providing
such relay services) is in
compliance with the program
certified under subsection (f)
of this section for such State.
(d)
Regulations
(1) In
general
The
Commission shall, not later than
1 year after July 26, 1990,
prescribe regulations to
implement this section,
including regulations that
(A)
establish functional
requirements, guidelines,
and operations procedures
for telecommunications relay
services;
(B)
establish minimum standards
that shall be met in
carrying out subsection (c)
of this section;
(C)
require that
telecommunications relay
services operate every day
for 24 hours per day;
(D)
require that users of
telecommunications relay
services pay rates no
greater than the rates paid
for functionally equivalent
voice communication services
with respect to such factors
as the duration of the call,
the time of day, and the
distance from point of
origination to point of
termination;
(E)
prohibit relay operators
from failing to fulfill the
obligations of common
carriers by refusing calls
or limiting the length of
calls that use
telecommunications relay
services;
(F)
prohibit relay operators
from disclosing the content
of any relayed conversation
and from keeping records of
the content of any such
conversation beyond the
duration of the call; and
(G)
prohibit relay operators
from intentionally altering
a relayed conversation.
(2)
Technology
The
Commission shall ensure that
regulations prescribed to
implement this section
encourage, consistent with
section 157(a) of this title,
the use of existing technology
and do not discourage or impair
the development of improved
technology.
(3)
Jurisdictional separation of
costs
(A) In
general
Consistent with the
provisions of section 410 of
this title, the Commission
shall prescribe regulations
governing the jurisdictional
separation of costs for the
services provided pursuant
to this section.
(B)
Recovering costs
Such
regulations shall generally
provide that costs caused by
interstate
telecommunications relay
services shall be recovered
from all subscribers for
every interstate service and
costs caused by intrastate
telecommunications relay
services shall be recovered
from the intrastate
jurisdiction. In a State
that has a certified program
under subsection (f) of this
section, a State commission
shall permit a common
carrier to recover the costs
incurred in providing
intrastate
telecommunications relay
services by a method
consistent with the
requirements of this
section.
(e)
Enforcement
(1) In
general
Subject to
subsections (f) and (g) of this
section, the Commission shall
enforce this section.
(2)
Complaint
The
Commission shall resolve, by
final order, a complaint
alleging a violation of this
section within 180 days after
the date such complaint is
filed.
(f)
Certification
(1) State
documentation
Any State
desiring to establish a State
program under this section shall
submit documentation to the
Commission that describes the
program of such State for
implementing intrastate
telecommunications relay
services and the procedures and
remedies available for enforcing
any requirements imposed by the
State program.
(2)
Requirements for certification
After
review of such documentation,
the Commission shall certify the
State program if the Commission
determines that
(A)
the program makes available
to hearing-impaired and
speech-impaired individuals,
either directly, through
designees, through a
competitively selected
vendor, or through
regulation of intrastate
common carriers, intrastate
telecommunications relay
services in such State in a
manner that meets or exceeds
the requirements of
regulations prescribed by
the Commission under
subsection (d) of this
section; and
(B)
the program makes available
adequate procedures and
remedies for enforcing the
requirements of the State
program.
(3) Method
of funding
Except as
provided in subsection (d) of
this section, the Commission
shall not refuse to certify a
State program based solely on
the method such State will
implement for funding intrastate
telecommunication relay
services.
(4)
Suspension or revocation of
certification
The
Commission may suspend or revoke
such certification if, after
notice and opportunity for
hearing, the Commission
determines that such
certification is no longer
warranted. In a State whose
program has been suspended or
revoked, the Commission shall
take such steps as may be
necessary, consistent with this
section, to ensure continuity of
telecommunications relay
services.
(g) Complaint
(1)
Referral of complaint
If a
complaint to the Commission
alleges a violation of this
section with respect to
intrastate telecommunications
relay services within a State
and certification of the program
of such State under subsection
(f) of this section is in
effect, the Commission shall
refer such complaint to such
State.
(2)
Jurisdiction of Commission
After
referring a complaint to a State
under paragraph (1), the
Commission shall exercise
jurisdiction over such complaint
only if
(A)
final action under such
State program has not been
taken on such complaint by
such State
(i)
within 180 days after
the complaint is filed
with such State; or
(ii) within a shorter
period as prescribed by
the regulations of such
State; or
(B)
the Commission determines
that such State program is
no longer qualified for
certification under
subsection (f) of this
section.
TITLE 47 - TELEGRAPHS,
TELEPHONES, AND RADIOTELEGRAPHS
CHAPTER 5 - WIRE OR RADIO COMMUNICATION
SUBCHAPTER VI - MISCELLANEOUS PROVISIONS
Sec. 611.
Closed-captioning of public service
announcements
Any television
public service announcement that is
produced or funded in whole or in
part by any agency or
instrumentality of Federal
Government shall include closed
captioning of the verbal content of
such announcement. A television
broadcast station licensee
(1) shall
not be required to supply closed
captioning for any such
announcement that fails to
include it; and
(2) shall
not be liable for broadcasting
any such announcement without
transmitting a closed caption
unless the licensee
intentionally fails to transmit
the closed caption that was
included with the announcement.
NOTE: This document is provided for
reference purposes only. The source of this
document is found here: http://www.ada.gov/pubs/ada.htm.
BackgroundsUSA attempts to keep
this document up-to-date, and current with
present legislative changes, but in the
event that a discrepancy exists, the parent
document to be found at the URL listed
above, or the original posted to a
government repository is to be considered
the prevailing document in the event of any
kind of dispute that is directly or
indirectly related to the ADA. |
