wtm@bunker.uucp (Bill McGarry) (10/13/90)
Index Number: 11112
This is the first of two fact sheets on ADA that are distributed
by the Department of Justice (filename was adafact.ask).
Americans with Disabilities Act Requirements
Fact Sheet
Employment
Employers may not discriminate against an individual with a
disability in hiring or promotion if the person is otherwise
qualified for the job.
Employers can ask about one's ability to perform a job, but
cannot inquire if someone has a disability or subject a person to
tests that tend to screen out people with disabilities.
Employers will need to provide "reasonable accommodation" to
individuals with disabilities. This includes steps such as job
restructuring and modification of equipment.
Employers do not need to provide accommodations that impose an
"undue hardship" on business operations. Who needs to comply:
All employers with 25 or more employees must comply, effective
July 26, 1992.
All employers with 15-24 employees must comply, effective
July 26, 1994.
Transportation
New public transit buses ordered after August 26, 1990, must be
accessible to individuals with disabilities.
Transit authorities must provide comparable paratransit or other
special transportation services to individuals with disabilities
who cannot use fixed route bus services, unless an undue burden
would result.
Existing rail systems must have one accessible car per train by
July 26, 1995.
New rail cars ordered after August 26, 1990, must be accessible.
New bus and train stations must be accessible.
Key stations in rapid light, and commuter rail systems must be
made accessible by July 26, 1993, with extensions up to 20 years
for commuter rail (30 years of rapid and light rail).
All existing Amtrak stations must be accessible by July 26, 2010.
Public Accommodations
Private entities such as restaurants, hotels, and retail stores
may not discriminate against individuals with disabilities,
effective January 26, 1992.
Auxiliary aids and services must be provided to individuals with
vision or hearing impairments or other individuals with
disabilities, unless an undue burden would result.
Physical barriers in existing facilities must be removed, if
removal is readily achievable. If not alternative methods of
providing the services must be offered, if they are readily
achievable.
All new construction and alterations of facilities must be
accessible.
State and Local Government
State and local governments may not discriminate against
qualified individuals with disabilities.
All government facilities, services, and communications must be
accessible consistent with the requirements of section 504 of the
Rehabilitation Act of 1973.
Telecommunications
Companies offering telephone service to the general public must
offer telephone relay services to individuals who use
telecommunications devices for the deaf (TDD's) or similar
devices.
This document is available in the following accessible
formats:
- Braille
- Large Print
- Audiotape
- Electronic file on computer disk
and electronic bulletin board (202) 514-6193
For more information about the ADA contact:
U.S. Department of Justice
Civil Rights Division
Coordination and Review Section
P.O. Box 66118
Washington, D.C. 20035-6118
(202) 514-0301 (Voice)
(202) 514-0381 (TDD)
(202) 514-0383 (TDD)
Americans with Disabilities Act
Requirements in Public Accommodations
Fact Sheet
General
Public accommodations such as restaurants, hotels, theaters,
doctor's offices, pharmacies, retail stores, museums, libraries,
parks, private schools, and day care centers, may not
discriminate on the basis of disability. Private clubs and
religious organizations are exempt.
Reasonable changes in policies, practices, and procedures
must be made to avoid discrimination.
Auxiliary Aids
Auxiliary aids and services must be provided to individuals
with vision or hearing impairments or other individuals with
disabilities, unless an undue burden would result.
Physical Barriers
Physical barriers in existing facilities must be removed, if
removal is readily achievable. If not, alternative methods of
providing the services must be offered, if they are readily
achievable.
All new construction in public accommodations, as well as in
"commercial facilities" such as office buildings, must be
accessible. Elevators are generally not required in buildings
under three stories or fewer than 3,000 square feet per floor,
unless the building is a shopping center, mall, or a professional
office of a health care provider.
Alterations must be accessible. When alterations to primary
function areas are made, an accessible path of travel to the
altered area (and the bathrooms, telephones, and drinking
fountains serving that area) must be provided to the extent that
the added accessibility costs are not disproportionate to the
overall cost of the alterations. Elevators are required as
described above.
Entities such as hotels that also offer transportation must
generally provide equivalent transportation service to
individuals with disabilities. New fixed-route vehicles capable
of carrying more than 16 passengers must be accessible.
Remedies
Individuals may bring private lawsuits to obtain court
orders to stop discrimination, but money damages cannot be
awarded.
Individuals can also file complaints with the Attorney
General who may file lawsuits to stop discrimination and obtain
money damages and penalties.
This document is available in the following accessible
formats:
- Braille
- Large Print
- Audiotape
- Electronic file on computer disk
and electronic bulletin board (202) 514-6193
For more information about the ADA contact:
U.S. Department of Justice
Civil Rights Division
Coordination and Review Section
P.O. Box 66118
Washington, D.C. 20035-6118
(202) 514-0301 (Voice)
(202) 514-0381 (TDD)
(202) 514-0383 (TDD)
Americans with Disabilities Act
Statutory Deadlines
I. Employment
The ADA requirements become effective on:
- July 26, 1992, for employers with 25 or more employees.
- July 26, 1994, for employers, with 15-24 employees.
II. Public Accommodations
The ADA requirements become effective on:
- January 26, 1992, generally
- August 26, 1990, for purchase or lease of new vehicles
that are required to be accessible.
- January 26, 1993, for new construction.
Generally, lawsuits may not be filed until January 26, 1992,
In addition, except with respect to alterations, no lawsuit
may be filed until:
- July 26, 1992, against businesses with 25 or few
employees and gross receipts of $1 million or less.
- January 26, 1993, against businesses with 10 or fewer
employees and gross receipts of $500,000 or less.
III. Transportation
A. Public bus systems
The ADA requirements become effective on:
- January 26, 1992, generally.
- August 26, 1990, for purchase or lease of new buses.
B. Public rail systems -- light, rapid, commuter, and
intercity (Amtrak) rail
- January 26, 1992, generally.
- August 26, 1990, for purchase or lease of new rail
vehicles.
- By July 26, 1995, one car per train accessibility
must be achieved.
- By July 26, 1993, existing key stations in rapid,
light, commuter rail systems must be made accessible
with extensions of up to 20 years (30 years, in some
cases, for rapid and light rail).
C. Privately operated bus and van companies
The ADA requirements become effective on:
- January 26, 1992, generally.
- July 26, 1996 (July 26, 1997, for small providers)
for purchase of new over-the-road buses.
- August 26, 1990, for purchase or lease of certain new
vehicles (other than over-the-road buses).
IV. State and local government operations
The ADA requirements become effective on:
- January 26, 1992.
V. Telecommunications
The ADA requirements become effective on:
- July 26, 1993, for provision of relay services.
This document is available in the following accessible
formats:
- Braille
- Large Print
- Audiotape
- Electronic file on computer disk
and electronic bulletin board (202) 514-6193
For more information about the ADA contact:
U.S. Department of Justice
Civil Rights Division
Coordination and Review Section
P.O. Box 66118
Washington, D.C. 20035-6118
(202) 514-0301 (Voice)
(202) 514-0381 (TDD)
(202) 514-0383 (TDD)
wtm@bunker.uucp (Bill McGarry) (10/13/90)
Index Number: 11113
This is the second of two fact sheets on ADA that are being
distributed by the Department of Justice (filename was adanew.ask).
THE AMERICANS WITH DISABILITIES ACT
The Americans with Disabilities Act (ADA) gives civil rights
protections to individuals with disabilities that are like those
provided to individuals on the basis of race, sex, national
origin, and religion. It guarantees equal opportunity for
individuals with disabilities in employment, public
accommodations, transportation, State and local government
services, and telecommunications.
I. EMPLOYMENT
Employers with 15 or more employees may not discriminate
against qualified individuals with disabilities. For the
first two years after July 26, 1992, the date when the
employment provisions of the ADA go into effect, only
employers with 25 or more employees are covered.
Employers must reasonably accommodate the disabilities of
qualified applicants or employees, unless an undue hardship
would result.
Employers may reject applicants or fire employees who pose a
direct threat to the health or safety of other individuals in
the workplace.
Applicants and employees are not protected from personnel
actions based on their current illegal use of drugs. Drug
testing is not affected.
Employers may not discriminate against a qualified applicant
or employee because of the known disability of an individual
with whom the applicant or employee is known to have a
relationship or association.
Religious organizations may give preference in employment to
their own members and may require applicants and employees to
conform to their religious tenets.
Complaints may be filed with the Equal Employment Opportunity
Commission. Available remedies include back pay and court
orders to stop discrimination.
II. PUBLIC ACCOMMODATIONS
Public accommodations such as restaurants, hotels, theaters,
doctors' offices, pharmacies, retail stores, museums,
libraries, parks, private schools, and day care centers, may
not discriminate on the basis of disability, effective
January 26, 1992. Private clubs and religious organizations
are exempt.
Reasonable changes in policies, practices, and procedures
must be made to avoid discrimination.
Auxiliary aids and services must be provided to individuals
with vision or hearing impairments or other individuals with
disabilities so that they can have a equal opportunity to
participate or benefit, unless an undue burden would result.
Physical barriers in existing facilities must be removed if
removal is readily achievable (i.e., easily accomplishable
and able to be carried out without much difficulty or
expense). If not, alternative methods of providing the
services must be offered, if those methods are readily
achievable.
All new construction in public accommodations, as well as in
"commercial facilities" such as office buildings, must be
accessible. Elevators are generally not required in
buildings under three stories or with fewer than 3,000 square
feet per floor, unless the building is a shopping center,
mall, or a professional office of a health care provider.
Alterations must be accessible. When alterations to primary
function areas are made, an accessible path of travel to the
altered area (and the bathrooms, telephones, and drinking
fountains serving that area) must be provided to the extent
that the added accessibility costs are not disproportionate
to the overall cost of the alterations. Elevators are
required as described above.
Entities such as hotels that also offer transportation
generally must provide equivalent transportation service to
individuals with disabilities. New fixed-route vehicles
ordered on or after August 26, 1990, and capable of carrying
more than 16 passengers, must be accessible.
Public accommodations may not discriminate against an
individual or entity because of the known disability of an
individual with whom the individual or entity is known to
have a relationship or association.
Individuals may bring private lawsuits to obtain court orders
to stop discrimination, but money damages cannot be awarded.
Individuals can also file complaints with the Attorney
General who may file lawsuits to stop discrimination and
obtain money damages and penalties.
III. TRANSPORTATION
Public bus systems
New buses ordered on or after August 26, 1990, must be
accessible to individuals with disabilities.
Transit authorities must provide comparable paratransit or
other special transportation services to individuals with
disabilities who cannot use fixed route bus services, unless
an undue burden would result.
New bus stations must be accessible. Alterations to existing
stations must be accessible. When alterations to primary
function areas are made, an accessible path of travel to the
altered area (and the bathrooms, telephones, and drinking
fountains serving that area) must be provided to the extent
that the added accessibility costs are not disproportionate
to the overall cost of the alterations.
Individuals may file complaints with the Department of
Transportation or bring private lawsuits.
Public rail systems
New rail vehicles ordered on or after August 26, 1990, must
be accessible.
Existing rail systems must have one accessible car per train
by July 26, 1995.
New rail stations must be accessible. As with new bus
stations, alterations to existing rail stations must be made
in an accessible manner.
Existing "key stations" in rapid rail, commuter rail, and
light rail systems must be made accessible by July 26, 1993,
unless an extension of up to 20 years is granted (30 years,
in some cases, for rapid and light rail).
Existing intercity rail stations (Amtrak) must be made
accessible by July 26, 2010.
Individuals may file complaints with the Department of
Transportation or bring private lawsuits.
Privately operated bus and van companies
New over-the-road buses ordered on or after July 26, 1996
(July 26, 1997, for small companies), must be accessible.
After completion of a study, the President may extend the
deadline by one year, if appropriate.
Other new vehicles, such as vans, must be accessible, unless
the transportation company provides service to individuals
with disabilities that is equivalent to that operated for the
general public.
Other private transportation operations, including station
facilities, must meet the requirements of public
accommodations.
Individuals may file complaints with the Attorney General or
bring private lawsuits under the public accommodations
procedures.
IV. State and local governments operations
State or local governments may not discriminate against
qualified individuals with disabilities. All government
facilities, services, and communications must be accessible
consistent with the requirements of section 504 of the
Rehabilitation Act of 1973.
Individuals may file complaints with Federal agencies to be
designated by the Attorney General or bring private lawsuits.
V. Telecommunications Relay Services
Companies offering telephone service to the general public
must offer telephone relay services to individuals who use
telecommunications devices for the Deaf (TDD's) or similar
devices.
Individuals may file complaints with the Federal
Communications Commission.
This document is available in the following accessible
formats:
-- Braille
-- Large Print
-- Audiotape
-- Electronic file on computer disk and
electronic bulletin board
(202) 514-6193
For additional information contact:
Coordination and Review Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66118
Washington, D.C. 20035-6118
(202) 514-0301 (Voice)
(202) 514-0381 (TDD)
(202) 514-0383 (TDD)