CHAPTER 126 —EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES
SUBCHAPTER I—EMPLOYMENT
SUBCHAPTER II—PUBLIC SERVICES
Part A—Prohibition Against Discrimination and Other Generally Applicable Provisions
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
subpart ii—public transportation by intercity and commuter rail
SUBCHAPTER III—PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY PRIVATE ENTITIES
SUBCHAPTER IV—MISCELLANEOUS PROVISIONS
§12101. Findings and purpose
(a) Findings
The Congress finds that—
(1) physical or mental disabilities in no way diminish a person's right to fully participate in all aspects of society, yet many people with physical or mental disabilities have been precluded from doing so because of discrimination; others who have a record of a disability or are regarded as having a disability also have been subjected to discrimination;
(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) 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
(8) 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.
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (b), was in the original "this Act", meaning
Amendments
2008—Subsec. (a)(1).
Subsec. (a)(7) to (9).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment by
Short Title of 2008 Amendment
Short Title
Findings and Purposes of Pub. L. 110–325
"(a)
"(1) in enacting the Americans with Disabilities Act of 1990 (ADA) [
"(2) in enacting the ADA, Congress recognized that physical and mental disabilities in no way diminish a person's right to fully participate in all aspects of society, but that people with physical or mental disabilities are frequently precluded from doing so because of prejudice, antiquated attitudes, or the failure to remove societal and institutional barriers;
"(3) while Congress expected that the definition of disability under the ADA would be interpreted consistently with how courts had applied the definition of a handicapped individual under the Rehabilitation Act of 1973 [
"(4) the holdings of the Supreme Court in Sutton v. United Air Lines, Inc., 527 U.S. 471 (1999) and its companion cases have narrowed the broad scope of protection intended to be afforded by the ADA, thus eliminating protection for many individuals whom Congress intended to protect;
"(5) the holding of the Supreme Court in Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, 534 U.S. 184 (2002) further narrowed the broad scope of protection intended to be afforded by the ADA;
"(6) as a result of these Supreme Court cases, lower courts have incorrectly found in individual cases that people with a range of substantially limiting impairments are not people with disabilities;
"(7) in particular, the Supreme Court, in the case of Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, 534 U.S. 184 (2002), interpreted the term 'substantially limits' to require a greater degree of limitation than was intended by Congress; and
"(8) Congress finds that the current Equal Employment Opportunity Commission ADA regulations defining the term 'substantially limits' as 'significantly restricted' are inconsistent with congressional intent, by expressing too high a standard.
"(b)
"(1) to carry out the ADA's objectives of providing 'a clear and comprehensive national mandate for the elimination of discrimination' and 'clear, strong, consistent, enforceable standards addressing discrimination' by reinstating a broad scope of protection to be available under the ADA;
"(2) to reject the requirement enunciated by the Supreme Court in Sutton v. United Air Lines, Inc., 527 U.S. 471 (1999) and its companion cases that whether an impairment substantially limits a major life activity is to be determined with reference to the ameliorative effects of mitigating measures;
"(3) to reject the Supreme Court's reasoning in Sutton v. United Air Lines, Inc., 527 U.S. 471 (1999) with regard to coverage under the third prong of the definition of disability and to reinstate the reasoning of the Supreme Court in School Board of Nassau County v. Arline, 480 U.S. 273 (1987) which set forth a broad view of the third prong of the definition of handicap under the Rehabilitation Act of 1973;
"(4) to reject the standards enunciated by the Supreme Court in Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, 534 U.S. 184 (2002), that the terms 'substantially' and 'major' in the definition of disability under the ADA 'need to be interpreted strictly to create a demanding standard for qualifying as disabled,' and that to be substantially limited in performing a major life activity under the ADA 'an individual must have an impairment that prevents or severely restricts the individual from doing activities that are of central importance to most people's daily lives';
"(5) to convey congressional intent that the standard created by the Supreme Court in the case of Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, 534 U.S. 184 (2002) for 'substantially limits', and applied by lower courts in numerous decisions, has created an inappropriately high level of limitation necessary to obtain coverage under the ADA, to convey that it is the intent of Congress that the primary object of attention in cases brought under the ADA should be whether entities covered under the ADA have complied with their obligations, and to convey that the question of whether an individual's impairment is a disability under the ADA should not demand extensive analysis; and
"(6) to express Congress' expectation that the Equal Employment Opportunity Commission will revise that portion of its current regulations that defines the term 'substantially limits' as 'significantly restricted' to be consistent with this Act, including the amendments made by this Act."
Study by General Accounting Office of Existing Disability-Related Employment Incentives
§12102. Definition of disability
As used in this chapter:
(1) Disability
The term "disability" means, with respect to an individual—
(A) a physical or mental impairment that substantially limits one or more major life activities of such individual;
(B) a record of such an impairment; or
(C) being regarded as having such an impairment (as described in paragraph (3)).
(2) Major life activities
(A) In general
For purposes of paragraph (1), major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.
(B) Major bodily functions
For purposes of paragraph (1), a major life activity also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.
(3) Regarded as having such an impairment
For purposes of paragraph (1)(C):
(A) An individual meets the requirement of "being regarded as having such an impairment" if the individual establishes that he or she has been subjected to an action prohibited under this chapter because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity.
(B) Paragraph (1)(C) shall not apply to impairments that are transitory and minor. A transitory impairment is an impairment with an actual or expected duration of 6 months or less.
(4) Rules of construction regarding the definition of disability
The definition of "disability" in paragraph (1) shall be construed in accordance with the following:
(A) The definition of disability in this chapter shall be construed in favor of broad coverage of individuals under this chapter, to the maximum extent permitted by the terms of this chapter.
(B) The term "substantially limits" shall be interpreted consistently with the findings and purposes of the ADA Amendments Act of 2008.
(C) An impairment that substantially limits one major life activity need not limit other major life activities in order to be considered a disability.
(D) An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.
(E)(i) The determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures such as—
(I) medication, medical supplies, equipment, or appliances, low-vision devices (which do not include ordinary eyeglasses or contact lenses), prosthetics including limbs and devices, hearing aids and cochlear implants or other implantable hearing devices, mobility devices, or oxygen therapy equipment and supplies;
(II) use of assistive technology;
(III) reasonable accommodations or auxiliary aids or services; or
(IV) learned behavioral or adaptive neurological modifications.
(ii) The ameliorative effects of the mitigating measures of ordinary eyeglasses or contact lenses shall be considered in determining whether an impairment substantially limits a major life activity.
(iii) As used in this subparagraph—
(I) the term "ordinary eyeglasses or contact lenses" means lenses that are intended to fully correct visual acuity or eliminate refractive error; and
(II) the term "low-vision devices" means devices that magnify, enhance, or otherwise augment a visual image.
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
The ADA Amendments Act of 2008, referred to in par. (4)(B), is
Amendments
2008—
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment by
§12103. Additional 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) 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 of the United States, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands.".
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 1, 2009, see section 8 of
Executive Documents
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding
SUBCHAPTER I—EMPLOYMENT
§12111. Definitions
As used in this subchapter:
(1) Commission
The term "Commission" means the Equal Employment Opportunity Commission established by
(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
(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 [
(B) Drugs
The term "drug" means a controlled substance, as defined in schedules I through V of section 202 of the Controlled Substances Act [
(7) Person, etc.
The terms "person", "labor organization", "employment agency", "commerce", and "industry affecting commerce", shall have the same meaning given such terms in
(8) Qualified individual
The term "qualified individual" means an individual 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.
(
Editorial Notes
References in Text
The effective date of this subchapter, referred to in par. (5)(A), is 24 months after July 26, 1990, see section 108 of
The Controlled Substances Act, referred to in par. (6)(A), is title II of
This chapter, referred to in par. (10)(B)(i), was in the original "this Act", meaning
Constitutionality
For the constitutionality of section 101 of
Amendments
2008—Par. (8).
1991—Par. (4).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment by
Effective Date of 1991 Amendment
Amendment by
Effective Date
§12112. Discrimination
(a) General rule
No covered entity shall discriminate against a qualified individual on the basis of disability 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), the term "discriminate against a qualified individual on the basis of disability" 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; or
(B) that perpetuate 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 constitutes 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) 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).
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (d)(3)(B)(iii), was in the original "this Act", meaning
Constitutionality
For the constitutionality of certain provisions of this subchapter, see the Table of Laws Held Unconstitutional in Whole or in Part by the Supreme Court on the Constitution Annotated website, constitution.congress.gov.
Amendments
2008—Subsec. (a).
Subsec. (b).
1991—Subsecs. (c), (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment by
Effective Date of 1991 Amendment
Amendment by
Effective Date
Section effective 24 months after July 26, 1990, see section 108 of
§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) Qualification standards and tests related to uncorrected vision
Notwithstanding
(d) 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.
(e) 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 transmissability 1 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 transmissability 1 published by the Secretary of Health and Human Services.
(
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a) and (e)(3), was in the original "this Act", meaning
Amendments
2008—Subsecs. (c) to (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment by
Effective Date
Section effective 24 months after July 26, 1990, see section 108 of
1 So in original. Probably should be "transmissibility".
§12114. Illegal use of drugs and alcohol
(a) Qualified individual with a disability
For purposes of this subchapter, a 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) 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
(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).
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (b), was in the original "this Act", meaning
Codification
In subsec. (c)(3), "
Amendments
2008—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment by
Effective Date
Section effective 24 months after July 26, 1990, see section 108 of
§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
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 24 months after July 26, 1990, see section 108 of
§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
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 24 months after July 26, 1990, see section 108 of
§12117. Enforcement
(a) Powers, remedies, and procedures
The powers, remedies, and procedures set forth in
(b) Coordination
The agencies with enforcement authority for actions which allege employment discrimination under this subchapter and under the Rehabilitation Act of 1973 [
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning
The Rehabilitation Act of 1973, referred to in subsec. (b), is
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 24 months after July 26, 1990, see section 108 of
SUBCHAPTER II—PUBLIC SERVICES
Part A—Prohibition Against Discrimination and Other Generally Applicable Provisions
§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) 1 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.
(
Editorial Notes
References in Text
Codification
In par. (1)(C), "
Statutory Notes and Related Subsidiaries
Effective Date
"(a)
"(b)
Executive Documents
Ex. Ord. No. 13217. Community-Based Alternatives for Individuals With Disabilities
Ex. Ord. No. 13217, June 18, 2001, 66 F.R. 33155, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to place qualified individuals with disabilities in community settings whenever appropriate, it is hereby ordered as follows:
(a) The United States is committed to community-based alternatives for individuals with disabilities and recognizes that such services advance the best interests of Americans.
(b) The United States seeks to ensure that America's community-based programs effectively foster independence and participation in the community for Americans with disabilities.
(c) Unjustified isolation or segregation of qualified individuals with disabilities through institutionalization is a form of disability-based discrimination prohibited by Title II of the Americans With Disabilities Act of 1990 (ADA),
(d) In Olmstead v. L.C., 527 U.S. 581 (1999) (the "Olmstead decision"), the Supreme Court construed Title II of the ADA [
(e) The Federal Government must assist States and localities to implement swiftly the Olmstead decision, so as to help ensure that all Americans have the opportunity to live close to their families and friends, to live more independently, to engage in productive employment, and to participate in community life.
(b) The Attorney General, the Secretaries of Health and Human Services, Education, Labor, and Housing and Urban Development, and the Commissioner of the Social Security Administration shall evaluate the policies, programs, statutes, and regulations of their respective agencies to determine whether any should be revised or modified to improve the availability of community-based services for qualified individuals with disabilities. The review shall focus on identifying affected populations, improving the flow of information about supports in the community, and removing barriers that impede opportunities for community placement. The review should ensure the involvement of consumers, advocacy organizations, providers, and relevant agency representatives. Each agency head should report to the President, through the Secretary of Health and Human Services, with the results of their evaluation within 120 days.
(c) The Attorney General and the Secretary of Health and Human Services shall fully enforce Title II of the ADA, including investigating and resolving complaints filed on behalf of individuals who allege that they have been the victims of unjustified institutionalization. Whenever possible, the Department of Justice and the Department of Health and Human Services should work cooperatively with States to resolve these complaints, and should use alternative dispute resolution to bring these complaints to a quick and constructive resolution.
(d) The agency actions directed by this order shall be done consistent with this Administration's budget.
George W. Bush.
1 See References in Text note below.
§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 the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 18 months after July 26, 1990, see section 205(a) of
§12133. Enforcement
The remedies, procedures, and rights set forth in
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 18 months after July 26, 1990, see section 205(a) of
§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
(b) Relationship to other regulations
Except for "program accessibility, existing facilities", and "communications", regulations under subsection (a) 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
(c) Standards
Regulations under subsection (a) 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. Such standards shall be consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board in accordance with
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (b), was in the original "this Act", meaning
Statutory Notes and Related Subsidiaries
Effective Date
Section effective July 26, 1990, see section 205(b) of
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
§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
(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 schoolbus 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.
(
Statutory Notes and Related Subsidiaries
Effective Date
"(a)
"(b)
§12142. Public entities operating fixed route systems
(a) Purchase and lease of new vehicles
It shall be considered discrimination for purposes of
(b) Purchase and lease of used vehicles
Subject to subsection (c)(1), it shall be considered discrimination for purposes of
(c) Remanufactured vehicles
(1) General rule
Except as provided in paragraph (2), it shall be considered discrimination for purposes of
(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
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective July 26, 1990, see section 231(b) of
§12143. Paratransit as a complement to fixed route service
(a) General rule
It shall be considered discrimination for purposes of
(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 (B), accompanying the individual with a disability provided that space for these additional individuals is 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), 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);
(2) a failure of such entity to submit, or commence implementation of, a modified plan in accordance with subsection (d)(3);
(3) submission to the Secretary of a modified plan under subsection (d)(3) 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.
(
Statutory Notes and Related Subsidiaries
Effective Date
Subsec. (a) of this section effective 18 months after July 26, 1990, and subsecs. (b) to (f) of this section effective July 26, 1990, see section 231 of
Paratransit System Under FTA Approved Coordinated Plan
§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
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective July 26, 1990, see section 231(b) of
§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
(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) 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) 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.
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective July 26, 1990, see section 231(b) of
§12146. New facilities
For purposes of
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 18 months after July 26, 1990, see section 231(a) of
§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
(b) Special rule for stations
(1) General rule
For purposes of
(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.
(
Statutory Notes and Related Subsidiaries
Effective Date
Subsec. (a) of this section effective 18 months after July 26, 1990, and subsec. (b) of this section effective July 26, 1990, see section 231 of
§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
(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
(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
(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
(
Editorial Notes
References in Text
The effective date of this section, referred to in subsec. (b)(1), probably means the effective date of subsec. (b), which is effective on date of enactment of
Statutory Notes and Related Subsidiaries
Effective Date
Subsec. (a) of this section effective 18 months after July 26, 1990, and subsec. (b) of this section effective July 26, 1990, see section 231 of
§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
(b) Standards
The regulations issued under this section and
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective July 26, 1990, see section 231(b) of
§12150. Interim accessibility requirements
If final regulations have not been issued pursuant to
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 18 months after July 26, 1990, see section 231(a) of
subpart ii—public transportation by intercity and commuter rail
§12161. Definitions
As used in this subpart:
(1) Commuter authority
The term "commuter authority" has the meaning given such term in section 24102(4) 1 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) 1 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.
(
Editorial Notes
References in Text
Codification
In pars. (1) and (2), "
Amendments
1996—Par. (2).
Statutory Notes and Related Subsidiaries
Effective Date
"(a)
"(b)
1 See References in Text note below.
§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
(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
(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
(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
(2) New commuter rail cars
(A) General rule
It shall be considered discrimination for purposes of
(B) Accessibility
For purposes of
(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
(d) Remanufactured rail cars
(1) Remanufacturing
It shall be considered discrimination for purposes of
(2) Purchase or lease
It shall be considered discrimination for purposes of
(e) Stations
(1) New stations
It shall be considered discrimination for purposes of
(2) Existing stations
(A) Failure to make readily accessible
(i) General rule
It shall be considered discrimination for purposes of
(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
(ii) Alterations to a primary function area
It shall be considered discrimination, for purposes of
(C) Required cooperation
It shall be considered discrimination for purposes of
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (e)(2)(C), was in the original "this Act", meaning
Statutory Notes and Related Subsidiaries
Effective Date
Section effective July 26, 1990, see section 246(b) of
§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
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 18 months after July 26, 1990, see section 246(a) of
§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.
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective July 26, 1990, see section 246(b) of
§12165. Interim accessibility requirements
(a) Stations
If final regulations have not been issued pursuant to
(b) Rail passenger cars
If final regulations have not been issued pursuant to
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 18 months after July 26, 1990, see section 246(a) of
SUBCHAPTER III—PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY PRIVATE ENTITIES
§12181. Definitions
As used in this subchapter:
(1) Commerce
The term "commerce" means travel, trade, traffic, commerce, transportation, or communication—
(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
(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
(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 or 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) 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
(
Editorial Notes
References in Text
The Fair Housing Act of 1968, referred to in par. (2), probably means the Fair Housing Act, title VIII of
This chapter, referred to in par. (9)(A), was in the original "this Act", meaning
Codification
In par. (8), "
Statutory Notes and Related Subsidiaries
Effective Date
"(a)
"(b)
"(1) during the first 6 months after the effective date, against businesses that employ 25 or fewer employees and have gross receipts of $1,000,000 or less; and
"(2) during the first year after the effective date, against businesses that employ 10 or fewer employees and have gross receipts of $500,000 or less.
"(c)
1 See References in Text note below.
§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), 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
(ii) Equivalent service
If a private entity which operates a fixed route system and which is not subject to
(C) Demand responsive system
For purposes of subsection (a), discrimination includes—
(i) a failure of a private entity which operates a demand responsive system and which is not subject to
(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), discrimination includes (I) the purchase or lease of an over-the-road bus which does not comply with the regulations issued under
(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.
(
Editorial Notes
References in Text
For the effective date of this subparagraph, referred to in subsec. (b)(2)(B), (C)(ii), see section 310 of
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 18 months after July 26, 1990, but with subsec. (a) of this section (for purposes of subsec. (b)(2)(B), (C) only) effective July 26, 1990, and with certain qualifications with respect to bringing of civil actions, see section 310 of
§12183. New construction and alterations in public accommodations and commercial facilities
(a) Application of term
Except as provided in subsection (b), as applied to public accommodations and commercial facilities, discrimination for purposes of
(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) 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.
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 18 months after July 26, 1990, see section 310(a), (b) of
§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), discrimination includes—
(1) the imposition or application by a 1 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
(B) provide auxiliary aids and services consistent with the requirements of
(C) remove barriers consistent with the requirements of
(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
(B) any other failure of such entity to comply with such regulations; and 2
(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 (b)(2)(C) or (b)(7) 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.
(
Editorial Notes
References in Text
For the effective date of this section, referred to in subsec. (b)(3), (5), see section 310 of
The effective date of this paragraph, referred to in subsec. (b)(6), is 18 months after July 26, 1990, see section 310(a) of
The Federal Railroad Safety Act of 1970, referred to in subsec. (c)(1), is title II of
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 18 months after July 26, 1990, but with subsec. (a) of this section (for purposes of subsec. (b)(3) only) and subsec. (b)(3) of this section effective July 26, 1990, see section 310(a), (c) of
1 So in original. Probably should be "an".
2 So in original. The word "and" probably should not appear.
§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
(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), 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), 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
(e) Review
In developing the study required by subsection (a), the Office of Technology Assessment shall provide a preliminary draft of such study to the Architectural and Transportation Barriers Compliance Board established under
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective July 26, 1990, see section 310(c) of
Termination of Advisory Committees
Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by Congress, its duration is otherwise provided for by law. See
§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 sections 1 12182(b)(2)(B) and (C) of this title and to carry out
(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
(ii) Effective period
The regulations issued pursuant to this subparagraph shall be effective until the effective date of the regulations issued under subparagraph (B).
(B) Final requirement
(i) Review of study and interim requirements
The Secretary shall review the study submitted under
(ii) Issuance
Not later than 1 year after the date of the submission of the study under
(iii) Effective period
Subject to
(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
(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) that include standards applicable to facilities and vehicles covered under
(c) Consistency with ATBCB guidelines
Standards included in regulations issued under subsections (a) and (b) shall be consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board in accordance with
(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
(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
(
Editorial Notes
Amendments
1995—Subsec. (a)(2)(B)(iii).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective July 26, 1990, see section 310(c) of
1 So in original. Probably should be "section".
§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 (
(
Editorial Notes
References in Text
The Civil Rights Act of 1964, referred to in text, is
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 18 months after July 26, 1990, see section 310(a) of
§12188. Enforcement
(a) In general
(1) Availability of remedies and procedures
The remedies and procedures set forth in
(2) Injunctive relief
In the case of violations of sections 12182(b)(2)(A)(iv) and section 1 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), 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.
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (b)(1)(A)(ii), (5), was in the original "this Act", meaning
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 18 months after July 26, 1990, see section 310(a) of
Civil Actions for Violations by Public Accommodations
For provisions directing that, except for any civil action brought for a violation of
1 So in original. The word "section" probably should not appear.
§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.
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 18 months after July 26, 1990, see section 310(a) of
SUBCHAPTER IV—MISCELLANEOUS PROVISIONS
§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 (
(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, in transportation covered by subchapter II or III, or in places of public accommodation covered by subchapter III.
(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 1 I and III.
(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.
(e) Benefits under State worker's compensation laws
Nothing in this chapter alters the standards for determining eligibility for benefits under State worker's compensation laws or under State and Federal disability benefit programs.
(f) Fundamental alteration
Nothing in this chapter alters the provision of
(g) Claims of no disability
Nothing in this chapter shall provide the basis for a claim by an individual without a disability that the individual was subject to discrimination because of the individual's lack of disability.
(h) Reasonable accommodations and modifications
A covered entity under subchapter I, a public entity under subchapter II, and any person who owns, leases (or leases to), or operates a place of public accommodation under subchapter III, need not provide a reasonable accommodation or a reasonable modification to policies, practices, or procedures to an individual who meets the definition of disability in
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
The Rehabilitation Act of 1973, referred to in subsec. (a), is
Title IV of this Act, referred to in subsec. (c), means title IV of
Amendments
2008—Subsecs. (e) to (h).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment by
1 So in original. Probably should be "subchapters".
§12202. State immunity
A State shall not be immune under the eleventh amendment to the Constitution of the United States from an action in 1 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.
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
1 So in original. Probably should be "in a".
§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
(
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a) and (b), was in the original "this Act", meaning
§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) 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) 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 division A of subtitle III of title 54, 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.
(
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a) and (b), was in the original "this Act", meaning
Amendments
2014—Subsec. (c)(2).
§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.
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
§12205a. Rule of construction regarding regulatory authority
The authority to issue regulations granted to the Equal Employment Opportunity Commission, the Attorney General, and the Secretary of Transportation under this chapter includes the authority to issue regulations implementing the definitions of disability in
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
The ADA Amendments Act of 2008, referred to in text, is
Prior Provisions
A prior section 506 of
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 1, 2009, see section 8 of
§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
(b) Agency and public assistance
The Attorney General may obtain the assistance of other Federal agencies in carrying out subsection (a), 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), for subchapter I.
(B) Subchapter II
(i) Part A
The Attorney General shall implement such plan for assistance for part A of subchapter II.
(ii) Part B
The Secretary of Transportation shall implement such plan for assistance for part B of subchapter II.
(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, except for
(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 and title IV.
(d) Grants and contracts
(1) In general
Each Federal agency that has responsibility under subsection (c)(2) 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 1 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.
(
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a)(1), (c)(1), (3), (d), and (e), was in the original "this Act", meaning
Title IV, referred to in subsec. (c)(2)(D), (3), means title IV of
Prior Provisions
A prior section 507 of
1 So in original. Probably should be "of".
§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 (
(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) to Congress.
(c) Specific wilderness access
(1) In general
Congress reaffirms that nothing in the Wilderness Act [
(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.
(
Editorial Notes
References in Text
The Wilderness Act, referred to in subsecs. (a) and (c)(1), is
Prior Provisions
A prior section 508 of
§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.
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Prior Provisions
A prior section 509 of
§12209. Instrumentalities of Congress
The Government Accountability Office, the Government Publishing 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:,1 the Government Accountability Office, the Government Publishing Office, and the Library of Congress,.1
(5) Enforcement of employment rights
The remedies and procedures set forth in
(6) Enforcement of rights to public services and accommodations
The remedies and procedures set forth in
(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.
(
Editorial Notes
References in Text
This chapter, referred to in par. (1), was in the original "this Act", meaning
The General Accounting Office Personnel Act of 1980, referred to in par. (7), is
Prior Provisions
A prior section 510 of
Amendments
2004—
1995—
Par. (2).
Par. (4).
Par. (5).
Par. (6).
Par. (7).
1991—Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (a)(4), (5).
"(4)
"(5)
Subsec. (a)(6), (7).
Subsec. (c)(2).
Statutory Notes and Related Subsidiaries
Change of Name
"Government Publishing Office" substituted for "Government Printing Office" in introductory provisions and par. (4) on authority of section 1301(b) of
Effective Date of 1995 Amendment
Amendment by section 201(c)(3) of
Amendment by section 210(g) of
Effective Date of 1991 Amendment
Amendment by
1 So in original. The comma probably should not appear.
§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) 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) and
(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 [
(2) Drugs
The term "drug" means a controlled substance, as defined in schedules I through V of section 202 of the Controlled Substances Act [
(
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a) and (b), was in the original "this Act", meaning
The Controlled Substances Act, referred to in subsec. (d)(1), is title II of
Prior Provisions
A prior section 511 of
Amendments
2008—Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment by
§12211. Definitions
(a) Homosexuality and bisexuality
For purposes of the definition of "disability" in section 12102(2) 1 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.
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Prior Provisions
A prior section 512 of
1 See References in Text note below.
§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, factfinding, minitrials, and arbitration, is encouraged to resolve disputes arising under this chapter.
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Prior Provisions
A prior section 514 of
§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.
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning